Banking & Finance Law Report

Porter Wright

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Antitrust concerns, price gouging, hoarding and protecting your business during the COVID-19 pandemic

We’ve seen some incredible collaborations and innovations during the COVID-19 pandemic. We have also seen price volatility during these uncertain times.  While these may not be top of mind for some, antitrust law and consumer protection law still apply and ignoring them could be costly for businesses down the road.  Porter Wright’s Jay Levine discussed … Continue Reading

Paycheck protection: Lender considerations before round two

Lenders are getting some much-deserved rest after enduring nearly two weeks of processing applications for the Small Business Administration’s (SBA) Paycheck Protection Program (PPP), which ran out of funds in the early hours of Thursday, April 15 – tax day. The program has been sharply criticized by lenders and borrowers alike, citing confusing guidance and … Continue Reading

How to claim COVID-19 tax credits via payroll

Employers may claim the Employee Retention Tax Credit and the tax credits available under the Families First Coronavirus Response Act (FFCRA) for relief during the COVID-19 pandemic. They do this first, by reducing the employer portion of Social Security taxes, and then, by reducing the employer’s payroll deposits in an amount equal to the refundable portion of … Continue Reading

UPDATE: Additional information released about delayed federal tax filing and payment deadlines

The Internal Revenue Service (IRS) has released additional information on the delayed payment and filing deadlines to ease the burden on taxpayers during the COVID-19 pandemic. We’ve written previously about the deferral of the federal income tax payments and filing obligations and initial guidance released last month. Ohio has also followed the federal government in … Continue Reading

Main Street Lending Program

On April 9, 2020, U.S. Treasury Secretary Steve Mnuchin announced the details for a “Main Street Lending Program” intended to provide financing opportunities to small- and medium–sized businesses. Secretary Mnuchin said, “The Main Street Business Lending Program will make a significant difference for the 40,000 medium-sized businesses that employ 35 million Americans.” My colleagues Jack … Continue Reading

Emergency orders: COVID-19 and distressed commercial leases

Distressed commercial tenants and their landlords may find themselves in tense situations during the COVID-19 pandemic. As those parties consider how to handle their lease obligations, they should consider, among other things, the varying contours of recent executive and emergency orders. As shown below, orders from various jurisdictions have taken different approaches to addressing the … Continue Reading

Important update on the Payroll Protection Program

Since the passage of the Coronavirus Aid, Relief and Economic Security CARES Act, the Small Business Administration (SBA) and the U.S. Treasury Department have released a series of interim final rules and updated Frequently Asked Questions (FAQs) (as of April 8, 2020) regarding Paycheck Protection Program (PPP). These updates provide critical guidance and information to … Continue Reading

UPDATE: SBA loan eligibility FAQs

Certain government programs, including SBA loan programs, are reserved for “small businesses.” In order to qualify for those programs, a business must satisfy both the SBA’s definition of a “small business concern” as well as the size standards for a small business. My colleague Jack Meadows offers answers to some frequently asked questions in this … Continue Reading

Workplace exposure to COVID-19: Can employers be liable?

As COVID-19 cases continue to mount nationwide, so have lawsuits relating to fallout from the virus. On April 6, 2020, in one of the first COVID-19-related lawsuits of its kind, the estate of an Illinois Walmart Supercenter employee sued Walmart and the premises owner for wrongful death in Toney Evans v. Walmart, Inc., et al. My colleague Brodie … Continue Reading

Financial relief for small businesses under the CARES Act & eligibility FAQs

The third phase of COVID-19 legislation was signed into law on Friday, March 27, 2020, and has been named the Coronavirus Aid, Relief and Economic Security Act (CARES Act). For small businesses, this legislation means that $349 billion in stimulus dollars is heading out to eligible small businesses, sole proprietors, ESOPs, non-profits, veterans organizations, and … Continue Reading

IRS clarifies information about delayed federal tax filing and payment deadlines

On April 15, 2020 we posted an update to this blog, “UPDATE: Additional information released about delayed federal tax filing and payment deadlines.” Click here to read the update. In response to the COVID-19 pandemic and the increased strain placed on individuals and business taxpayers during this time, the IRS has pushed back certain payment and … Continue Reading

Tax credits available under the Families First Coronavirus Response Act

The Families First Coronavirus Response Act (FFCRA) requires employers with fewer than 500 employees to make payments for COVID-19 related FMLA leave and paid sick leave required by the act. To lessen this financial burden to employers, the act provides for refundable tax credits to offset payroll taxes. My colleague Victoria Hanohano-hong details the credits … Continue Reading

Financial institutions encouraged to work with borrowers affected by COVID-19

Several governmental agencies have issued a statement encouraging financial institutions to work with borrowers affected by the COVID-19 pandemic. The Board of Governors of the Federal Reserve System, Conference of State Bank Supervisors, Consumer Financial Protection Bureau, Federal Deposit Insurance Corporation,  National Credit Union Administration, and Office of the Comptroller of the Currency issued a … Continue Reading

Financial services sector classified as critical infrastructure

On March 22, 2020, Steve Mnuchin, Secretary of the Treasury, released a memorandum providing that the financial services sector is identified as Critical Infrastructure Sector by the Department of Homeland Security. This means that despite the restrictions put in place to slow the spread of COVID-19, essential workers in the financial services sector must maintain … Continue Reading

Employer disclosures of COVID-19 diagnoses

As more test kits become available for COVID-19 and an increasing number of people are tested, there will be more positive diagnoses. As our colleague Victoria Hanohano-hong writes, a combination of federal privacy laws prevent an employer from disclosing the identity of an infected employee without authorization. Read the full post on the Employee Benefits … Continue Reading

Ohio “Stay at Home” order limits business operations to slow spread of COVID-19

The director of the Ohio Department of Health signed a “Stay at Home” order on March 22, 2020, calling on all Ohioans to stay at home or at their place of residence unless conducting or participating in essential activities, essential governmental functions, or essential businesses and operations. Our colleague, Adam Bennett, lays out what this … Continue Reading

Banks, credit unions, non-depository licensees remain open in PA

On Thursday, March 19, 2020, Pennsylvania’s Governor Tom Wolf ordered all “non-life sustaining businesses” in the state to close their physical locations in an attempt to slow the spread of COVID-19. According to the Department of Banking & Securities, this order does not pertain to banks, credit unions or non-depository licensees. These institutions will remain … Continue Reading

Treasury delays April 15 tax filing and payment deadline

On April 15, 2020 we posted an update to this blog, “UPDATE: Additional information released about delayed federal tax filing and payment deadlines.” Click here to read the update. In response to the COVID-19 pandemic and the increased strain placed on individuals and business taxpayers during this time, the IRS has pushed back certain payment deadlines … Continue Reading
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