BW INSIGHTS

Main Street Lending Program

By BrownWinick | 06.25.2020
Update: On Monday July 6 the Main Street Lending Program became fully operational. This program is meant to shore up small and mid-sized American businesses that were in good financial standing prior to the pandemic. However, the program might have difficulty garnering support from the nation’s largest financial institutions—lenders like JP Morgan... Read More

Long-term Impact of COVID-19 on Contracting

By BrownWinick | 06.23.2020
The coronavirus pandemic has permanently transformed the default structure of contractual relationships between business entities. In the past few months, the use of force majeure clauses and the doctrines of impracticability/impossibility and frustration of purpose have skyrocketed as businesses attempt to terminate unfavorable agreements. This... Read More

Insurer Response to COVID Claims by Businesses

By BrownWinick | 06.22.2020
Nearly three months after COVID made its first appearance in the U.S., many businesses remain closed or operating on a limited basis, resulting in disastrous financial implications. One potential strategy to mediate the financial impact for many is business interruption insurance. However, insurance companies are weary of paying out business... Read More

SBA Reopens Economic Injury Disaster Loan Program to All Eligible Small Businesses and Non-Profits Impacted by COVID-19

By BrownWinick | 06.17.2020
The U.S. Small Business Administration (SBA) has reopened its Economic Injury Disaster Loan Program (EIDL) to eligible small businesses and non-profits in all U.S. states and territories. This program provides loans at low interest rates and other forms of assistance to eligible organizations navigating the economic impact of COVID. EIDL loans may... Read More

COVID-19 Back-to-Business Limited Liability Act Awaits Governor’s Signature

By BrownWinick | 06.16.2020
Last week, the Iowa General Assembly passed Senate File 2338. The legislation includes the COVID-19 Response and Back-to-Business Limited Liability Act. The Act, which applies retroactively to January 1, 2020, provides liability protection from civil actions relating to COVID-19 exposure to certain “premises,” including real property serving a... Read More

2020 Legislative Session - Week 10

By BrownWinick | 06.05.2020
Lawmakers returned to the Capitol Wednesday following an 11-week suspension due to the COVID-19 pandemic. Since they paused activity days prior to the second funnel deadline, most bills that did not pass the House or Senate, plus committee in the other chamber by the end of the day on Friday, June 5 are “dead” for the remainder of session. Tax,... Read More

DOL Issues Final Rule On Retail or Service Establishment Commissioned Sales Exemption

By BrownWinick | 05.28.2020
The United States Department of Labor issued a final rule to simplify application of the commissioned sales exemption from the Fair Labor Standards Act (“FLSA”). Under that exemption, an employee may be treated as exempt from the FLSA overtime requirement if: (1) the employee works in a “retail or service” establishment, (2) earns a regular rate... Read More

Coronavirus Food Assistance Program – CFAP

By BrownWinick | 05.22.2020
The United States Department of Agriculture (“USDA”) announced very high-level details regarding the Coronavirus Food Assistance Program (“CFAP”) on April 17, 2020. The CFAP is designed to provide money directly to crop and livestock producers to solidify the food chain during COVID-19. Finally, one month after the initial release, the USDA has... Read More

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