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Monthly Archives: April 28, 2020

New Considerations for Small Business PPP Borrowers

Update April 29, 2020: The Treasury and SBA confirmed in their April 29th FAQ Update that all loans in excess of $2 million, “in addition to other loans as appropriate,” will be subject to review by the agencies. Additional information regarding these audits i...

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Indiana Case Law Indicates When Force Majeure Provisions Might Excuse Failure to Perform Contractual Obligations Amid the Coronavirus

With so many protective restrictions on commerce, businesses and individuals are worried that they, or the other parties with whom they contract, will not be able to keep up with their contractual obligations. The unique, unprecedented circumstances of the coronavirus make i...

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Paycheck Protection Program Replenished in Deal Reached by Lawmakers

The Coronavirus Aid, Relief, and Economic Security (“CARES”) Act, signed into law on March 27, 2020, included over $2 trillion for economic stimulus and support, with $349 billion earmarked to provide support for small businesses via the Paycheck Protection Program (“PPP”) o...

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Overreaching U.S. EPA Defeated by Neighbors’ State Claims

The U.S. Supreme Court’s April 20, 2020, decision in Atlantic Richfield Co. v. Christian held that a group of 98 Montana property owners neighboring a closed copper smelter were permitted recovery under State law and under Federal law.

Due to the stay-at-home orders designed to combat the spread of COVID-19, many businesses are struggling with loss of income. Business owners should look to their insurance companies for relief under the business interruption component of their commercial business insurance...

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Managing Teleworking Employees: Legal and Practical Considerations

The coronavirus outbreak has caused many businesses to require or encourage their employees to work from home. Depending on the business, permitting employees to work remotely may be the optimal solution for business continuity considering the various “stay at home” orders ...

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Stimulus Payments and Bank Account Garnishments: What Financial Institutions Should Know

On April 20, 2020, the Indiana Supreme Court published Order No. 20S-MS-258, which seeks to protect individual stimulus payments authorized by the Federal Coronavirus Aid, Relief, and Economic Security ("CARES") Act from attempts by private creditors to garnish those payment...

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Businesses Connected to Farming, Gardening, Etc. Permitted to Operate Under “Outdoor Activities” Clarification

Executive Order 20-22 - issued April 20, 2020, by Indiana Gov. Eric Holcomb to extend the previous “Stay at Home” order to May 1, 2020 - includes a clarification of what "outdoor activities" Indiana residents are permitted to leave their residences to engage in, provided th...

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Easing Restrictions on Indiana Healthcare Providers

While Executive Order 20-22 issued by Indiana Gov. Eric Holcomb on April 20, 2020, extends the directive for Indiana residents to stay at home through May 1, 2020, it brings Hoosier healthcare providers and facilities a step closer to resuming normal operations. 

The Coronavirus Aid, Relief, and Economic Security ("CARES") Act provides nearly $350 billion to fund loan programs for small businesses in the wake of COVID-19.  These loans are designed to provide businesses with the capital to maintain their workforce through payroll supp...

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