Insights

Breaking news, legislative updates, court decisions, astute observations, helpful tips, and friendly reminders.
Time and again, we have underestimated the pandemic’s ability to impact seemingly obscure aspects of our lives. Our work lives have been uprooted, and our personal lives at times, cancelled. To fill the void left by cancelled social functions, most folks have spent even more of their free time streaming their favorite shows and what...
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On November 25, 2020, Abercrombie & Fitch received the crushing news that the Indiana Court of Appeals was not buying their argument that “the current uncertainty regarding the impact of COVID-19” entitled them to unilaterally void a lease arrangement with Simon Properties under which the parties had operated for over two months.  The Indiana Court...
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The automatic stay, which comes into effect upon the debtor’s bankruptcy filing without the need for any court order, gives debtors a break by immediately halting all collection efforts and foreclosure actions. The automatic stay has been and continues to be one of the fundamental debtor protections provided by bankruptcy law. However, numerous questions remain...
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On January 14, 2021, President-elect Joe Biden announced his American Rescue Plan through which he plans to provide much-needed economic relief from the COVID-19 pandemic. His plan includes expansion of the paid leave provisions of the Families First Coronavirus Response Act (“FFCRA”) as detailed below. Expansion of Covered Employers  The plan covers all employers. This...
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On December 29, the Department of Labor (“DOL”) published two new Field Assistance Bulletins (“FABS”) addressing issues related to the ongoing COVID-19 pandemic.  FAB 2020-7 addresses electronic notice postings requirements under federal labor laws.  FAB 2020-8 in turn clarifies how telemedicine visits may qualify for FMLA leave.  These new guidelines are discussed in detail below. ...
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Kahn, Dees, Donovan & Kahn, LLP is pleased to announce that Patrick C. Thomas has been named a partner in the firm. Patrick primarily practices as a civil litigator and defense trial attorney. He assists individuals, businesses, and governmental entities in claims pertaining to commercial law, contract, insurance, real estate, and municipal law.  He earned...
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The recently passed Economic Aid to Hard-Hit Small Businesses, Nonprofits and Venues Act (“Act”) provides $900 billion in stimulus aid to struggling businesses and individuals along with $284 billion allocated to renewing the Paycheck Protection Program (“PPP”). Although many aspects of the Act mirror the previously passed CARES Act legislation, such as offering low interest...
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The Economic Aid Act (“EAA”) was signed into law on December 27, 2020 and provides $900 billion in financial relief to struggling individuals, businesses, and organizations. The EEA also renews the Paycheck Protection Program (“PPP”) and expands its terms to allow for eligible 501(c)(6) organizations to become borrowers. Local chambers of commerce, labor and trade...
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The Consolidated Appropriations Act, 2021 that was signed into law by President Trump on December 27, 2020, extends the Coronavirus Aid, Relief and Economic Security Act (“CARES Act”) unemployment insurance programs passed earlier this year. The CARES Act expanded unemployment insurance benefits to individuals through three programs: (1) Federal Pandemic Unemployment Compensation (“FPUC”); (2) Pandemic...
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