BW INSIGHTS

Business Considerations for Those Impacted by COVID-19

While businesses have patiently awaited the lifting of closure orders associated with the pandemic, the uncertainty of business recovery looms as state and local governments begin easing closure restrictions. What will business look like in the post-closure world? How long will it take for business to recover? These are amongst the most pressing... Read More

PPP Portal Opens to Small Lenders Only for 8 Hours

On Wednesday, April 29, the U.S. Treasury and Small Business Administration (“SBA”) announced that for eight hours, big banks will be prevented from accessing the Paycheck Protection Program (“PPP”) portal. During this time, small lenders will have exclusive access to submitting applications for PPP loans. A lender with under $1 billion in assets... Read More

Making a big change to your business? We can help.

COVID-19 has drastically altered market demands and in response, some companies are temporarily changing their business models to manufacture products that are desperately needed. We have ethanol plants manufacturing hand sanitizer, clothing companies making surgical gowns, and plastic molding companies making face shields. One hurdle to making... Read More

Negotiating M&A Deal Terms During the COVID-19 Outbreak

If you are in the process of negotiating the purchase or sale of a company’s assets, a large ownership stake in a company or some other merger or acquisition (“M&A”) transaction for a business, consider if and how COVID-19 could impact the terms of your deal, including those listed below. 1 - Purchase Price: Before signing up a deal, the parties... Read More

Material Adverse Effect Clauses and COVID-19

Material Adverse Effect (“MAE”) clauses are frequently found in merger and acquisition (“M&A”) agreements. Most typically, MAE clauses are incorporated as a closing condition that permits a buyer to terminate the agreement if the seller has had an MAE between the signing of the agreement and the closing of the transaction. In general, the... Read More

Discussing Layoffs or Other Cost-Saving Measures? Hit the Pause Button.

As the COVID-19 pandemic continues to evolve, employers everywhere are being forced to consider layoffs, furloughs, and other alternatives. However, if your business finds itself in a similar situation, you might consider hitting the pause button. Late Wednesday evening, the Senate passed the Coronavirus Aid, Relief, and Economic Security (CARES)... Read More

Biennial Report Deadline Extended

All entities organized under Iowa law or registered to do business in Iowa are required to file biennial reports with the Iowa Secretary of State. These reports are typically due by April 1 of the year in which they are due. Corporations file biennial reports in even-numbered years, while LLCs, partnerships, and non-profits file in odd-numbered... Read More

COVID-19 Prompts Changes to Iowa Certificate of Need Requirements

On March 17, 2020, Governor Reynolds issued a moratorium of the Iowa Certificate of Need (“CON”) requirements for institutional health care facilities. Included within the definition of institutional health care facilities are hospitals and nursing facilities. Pursuant to the Governor’s proclamation, institutional health care facilities would not... Read More

DOL Updates Effective Date and Issues Model Notice Posters

As noted in our last post, the Department of Labor announced the effective date of the new federal leave laws is April 1, and not April 2. In related news, today, the Department of Labor has issued its model notice posters for Emergency Paid Sick Leave and Expanded FMLA Leave under the FFCRA. The notice for private employers can be found here:... Read More