CLIENT ALERT By: Deniz Harrison July 10, 2020 On June 18, 2020, in a 5-4 decision written by Chief Justice Roberts, the United States Supreme Court held that the Department of Homeland Security’s (“DHS”) attempt to rescind the Deferred Action for Childhood Arrivals (“DACA”) immigration relief program was unlawful because it failed to provide an …
Alert
PPP Loan Application Deadline Extended and Conforming Updates to Previously Issued Interim Guidance
CLIENT ALERT By: Colleen Lyons July 9, 2020 On July 4th, President Trump signed legislation extending the deadline for businesses to apply for loans under the Paycheck Protection Program (“PPP”) from June 30, 2020 until August 8, 2020. This five-week extension comes after the US Small Business Administration (“SBA”) and the US Treasury Department (“Treasury …
Governor Sununu Extends Long Term Care Stabilization Program to July 31, 2020 – Original End Date of June 30 Recognized as Too Early
CLIENT ALERT By: Andrew Eills June 26, 2020 Frontline nurses, other staff, and their employers in New Hampshire’s nursing homes and other Medicaid facilities can breathe a little easier this week – frontline staff’s pay will not be reduced. On Thursday, June 25, Governor Sununu issued Emergency Order # 55, which extends to July 31 …
A Cautionary Tale: Too Much Control Over Your Contractor Could Lead to Liability
CLIENT ALERT By: John Perten June 24, 2020 A homeowner hires a general contactor to renovate her home. One of the general contractor’s employees, a carpenter, manages to cut off his thumb on a table saw. The carpenter sues the homeowner for negligence claiming that the homeowner owed him a duty of reasonable care to …
Safely Restarting Your Business: The Reopen Boston Fund
CLIENT ALERT By: Deniz Harrison June 19, 2020 Many local Boston businesses are feeling the impact of COVID-19 on their bottom line. While the Commonwealth of Massachusetts and the City of Boston are allowing businesses to reopen in a phased structure, the new safety requirements imposed by the Commonwealth and the City may impose …
COVID-19 Impacts on Opportunity Zone Investment Requirements
CLIENT ALERT By: Peter Beach June 17, 2020 The 2017 tax law created capital gains tax breaks for investors who invest profits from stocks, bonds, and other assets into funds that finance projects in any designated opportunity zone (“OZ”). On June 5, 2020, the IRS issued Notice 2020-39 (the “Notice”), granting relief to qualified opportunity …
2018 Net Operating Loss Carryback Filing Deadline – June 30, 2020
CLIENT ALERT By: Peter Beach June 17, 2020 As discussed in a previous Alert, the CARES Act provides for a carryback of any Net Operating Loss (“NOL”) arising in a tax year beginning after December 31, 2017, and before January 1, 2021, to each of the five tax years preceding the tax year in which …
Forgiveness of PPP Loans May Be Taxable in NH and MA
CLIENT ALERT By: Peter Beach June 17, 2020 Borrowers who obtained funds under the CARES Act’s Paycheck Protection Program (the “PPP”) generally anticipated that the portion of a PPP loan that was forgiven would not be subject to either federal or state tax. In the case of federal tax, tax-free forgiveness is not in question, …
Secretary Of State’s Select Committee On 2020 Emergency Election Support Issues Report
CLIENT ALERT By: Bradford E. Cook and Katherine M. Hanna June 10, 2020 On April 27, Secretary of State Bill Gardner appointed a 6-person Select Committee on 2020 Emergency Election Support to advise him on how to spend $3.2M of federal CARE Act funds to provide for safe and secure elections in the Fall of …
New Hampshire Main Street Relief Fund – Final Grant Submission Due by June 12, 2020
CLIENT ALERT By: Paul Durham June 9, 2020 On June 5, 2020, the Governor’s Office for Emergency Relief and Recovery (“GOFERR”) (www.goferr.nh.gov) and the New Hampshire Department of Revenue Administration (the “DRA”) published further details regarding the New Hampshire Main Street Relief Fund program. Eligibility Criteria Main Street Relief Fund grants will only be available …
Paycheck Protection Program Flexibility Act Becomes Law
CLIENT ALERT By: Paul Reuland and Colleen Lyons June 5, 2020 On Friday, June 5, 2020, the President signed into law the Paycheck Protection Program Flexibility Act of 2020 (H.R. 7010) (the “PPP Flexibility Act”), amending several provisions of the Paycheck Protection Program (the “PPP”) under the CARES Act. The PPP Flexibility Act is intended …
Overview of May PPP Loan Forgiveness Regulations
CLIENT ALERT By: Colleen Lyons June 5, 2020 As contemplated when the Paycheck Protection Loan Forgiveness Application was released in the middle of May, the Small Business Administration (“SBA”) released two sets of interim regulations on May 22nd – one with respect to Loan Forgiveness Requirements and the other with respect to SBA loan review …
Unreasonable Delay in Executing Settlement Agreement May Constitute a Material Breach
CLIENT ALERT By: John Perten June 5, 2020 How long can you delay in signing a contract before the agreement it memorializes is stale and unenforceable? In Dalrymple v. Town of Winthrop, the MA appeals court determined that under the facts of that case, a year is too long. The decision makes clear that the …
NH Child Care Recovery and Stabilization Program Deadlines Established: Prequalification Deadline is June 3, 2020 and Application Deadline is June 11, 2020
CLIENT ALERT By: Chris Candon May 29, 2020 Along with the establishment of several other funds (e.g., Main Street Fund, Nonprofit Fund, Healthcare Fund and Agriculture Grants), the Governor’s Office for Emergency Relief and Recovery (“GOEFRR”) has authorized the allocation and expenditure of an initial $20 million with $5 million in reserve in emergency funding …
New Hampshire COVID-19 Relief Grants Agriculture Grant Program
CLIENT ALERT By: Mark W. Dell’Orfano May 28, 2020 The New Hampshire Governor’s Office for Emergency Relief and Recovery recently announced the allocation of $10 million in emergency funding from the CARES Act Coronavirus Relief Fund to support New Hampshire farms with COVID-19 related expenses and lost revenues from March 1, 2020, to December 30, …
N.H. Attorney General Concludes Employers Will Not Be Liable to Employees for Workers’ Compensation Benefits If Employers Follow Published Guidelines
CLIENT ALERT By: J.P. Harris May 26, 2020 The Governor’s Economic Re-Opening Task Force asked the Attorney General to examine an employer’s liability to an employee who contracts COVID-19 on the job. The Attorney General reached two key conclusions. First, the existing workers’ compensation system, RSA 281-A, precludes employees from suing their employers for personal …
New Hampshire Nonprofit Emergency Relief and Recovery Fund Announced
CLIENT ALERT By: Madeline Hutchings May 22, 2020 On May 15, 2020, Governor Chris Sununu announced an array of new funding commitments for industries affected by the COVID-19 outbreak. Sixty million dollars of the funds committed are dedicated to a nonprofit relief fund. The New Hampshire Nonprofit Emergency Relief and Recovery Fund is a grant …
COVID-19 Emergency Healthcare System Relief Fund
CLIENT ALERT By: Andrew Eills May 20, 2020 Governor’s Emergency order # 44 increases total EHSRF to $100 million On March 19, 2020, Governor Sununu issued Emergency Order #9, creating the COVID-19 Emergency Healthcare System Relief Fund (EHSRF). Emergency Order #9 initially authorized the disbursement of up to $50,000,000 in loans or grants specifically for …
New Hampshire Main Street Relief Fund – Important May 29, 2020 Prequalification Deadline For Eligible Businesses
CLIENT ALERT By: Paul Durham May 20, 2020 New Hampshire Governor Chris Sununu recently announced the allocation of $595 million in CARES Act funding to several programs intended to provide relief to New Hampshire industries affected by the COVID-19 health crisis. $400 million of that total allocation has been initially allocated to the Main Street …
Application for PPP Loan Forgiveness Released
CLIENT ALERT By: Colleen Lyons May 18, 2020 On Friday, May 15th, the United States Small Business Administration (“SBA”) and the Treasury Department released an initial draft of SBA Form 3508, Paycheck Protection Program, Loan Forgiveness Application (the “Forgiveness Application”) https://home.treasury.gov/system/files/136/3245-0407-SBA-Form-3508-PPP-Forgiveness-Application.pdf. This is the form that must be completed by each PPP loan borrower and …
Will Your Commercial General Liability Insurance Policy Cover COVID-19 Claims?
CLIENT ALERT By J.P. Harris and Michael Lambert May 15, 2020 As the economy reopens and patrons return to shop at retail stores, go to hair salons and enjoy meals at restaurants, many business owners are justifiably concerned about exposure to lawsuits from patrons claiming that they have contracted COVID-19 at their place of business. …
Reopening the Workforce: Unemployment Issues Abound
CLIENT ALERT By: Brian J. Bouchard May 15, 2020 Businesses in New Hampshire are starting to reopen and employers are starting to call back furloughed or temporarily laid off employees. Some employees, however, have been reluctant to return to work, preferring instead to remain on unemployment. Employers confronted with this situation have options. Unemployment benefits have …
PPP Safe Harbor Deadline for Return of Funds Extended to May 18
CLIENT ALERT By: Christopher Candon May 14, 2020 The PPP safe harbor deadline has been the subject of posts in recent days: Treasury Department and SBA Issues Further Guidance in Advance of Safe Harbor Deadline PPP Safe Harbor for Return of Funds Set to Expire on May 14 With additional guidance from the SBA and …
Treasury Department and SBA Issues Further Guidance in Advance of Safe Harbor Deadline
CLIENT ALERT By: Christopher Candon May 13, 2020 This alert provides an update and additional information related to the recent post: PPP Safe Harbor for Return of Funds Set to Expire on May 14 As outlined in the prior post, the SBA established a May 14, 2020 safe harbor deadline for borrowers to return PPP …
Your Estate Plan During COVID-19: Essentials, Updates, and Opportunities
CLIENT ALERT By: Madeline Hutchings May 4, 2020 Amid the COVID-19 event, a common instinct is to put planning on the shelf until life “returns to normal.” And changing landscapes in the areas of finance, tax, and the law have created uncertainty over how best to plan for the future. But making sure your estate …
Update: CMS Suspends Advance Payment Program and Reevaluates Accelerated Payment Program
CLIENT ALERT By Andrew Eills April 27, 2020 If nothing else, the COVID-19 pandemic proves that change in policy is constant and rapid. On March 28, 2020 – just a month ago – CMS announced its expansion of two temporary loan programs, the Accelerated and Advance Payment Programs, for Part A and Part B suppliers, …
Enforcing the CARES Act: Court Rules That CARES Contains No Private Right of Action, But are Other Remedies Available?
CLIENT ALERT By: Michael Stanley April 27, 2020 The Coronavirus Aid, Relief, and Economic Security Act, Pub. L. 116–136 (“CARES”), and in particular the Paycheck Protection Program (“PPP”) has been viewed as a lifeline for small business struggling with cash flow during the COVID-19 pandemic. Its purpose is “to provide emergency assistance and health care response …
Attorney General Issues Opinion on Immunity for Health Care Workers
CLIENT ALERT By: Katherine Hanna April 24, 2020 New Hampshire health care facilities and their employees and volunteers who are braving the front lines to respond to the COVID-19 crisis received a major boost from NH Attorney General Gordon MacDonald on April 22nd. MacDonald issued Attorney General Opinion No. 2020-1 in response to NH DHHS …
Massachusetts Places a Moratorium on Evictions and Residential Foreclosures
CLIENT ALERT By: Michael Stanley April 22, 2020 On April 20, 2020, Governor Baker signed House Bill 4647, “An Act Providing for a Moratorium on Evictions and Foreclosures during the COVID-19 Emergency” (the “Act”). As an emergency act, its provision became effective immediately. The eviction provisions discussed below expire either in 120 days or 30 …
CARES Act Overhauls Federal Law Governing Privacy of Substance Use Disorder Treatment Information
CLIENT ALERT By: Jason Gregoire April 21, 2020 In 1975, Congress enacted a law (42 U.S.C. § 290-dd2) and corresponding regulations (42 C.F.R. Part 2) to protect the confidentiality of substance use disorder (“SUD”) treatment records known colloquially as “Part 2”. For 45 years, Part 2 has required SUD treatment programs—and anyone receiving SUD records—to …
“Alternative Care Settings” – Governor Sununu Orders In-Network Payments Rates for Procedures Conducted at Out-of-Network Sites
CLIENT ALERT By: Andrew Eills April 19, 2020 In order to be paid for acute care procedures at negotiated rates, a contract between a health insurer and a hospital requires that these procedures be conducted within the hospital. Depending upon the contractual provision, if a procedure is rendered outside of the hospital, then either the …
CARES Act Amends Bankruptcy Code To Allow More Small Businesses To Take Advantage Of New Streamlined Chapter 11 Process
CLIENT ALERT By: James LaMontagne April 19, 2020 Chapter 11 of the Bankruptcy Code allows struggling businesses to reorganize while retaining control of their assets and operations. It provides invaluable tools for a business to, among other things, restructure debt and do away with burdensome contracts. But the chapter 11 process is often slow and …
Use of PPP Loan Proceeds and Forgiveness
CLIENT ALERT By: Colleen Lyons April 19, 2020 Businesses whose Paycheck Protection Program (“PPP”) loan applications were approved by the United States Small Business Administration (“SBA”) as part of the initial $349 billion appropriation under the CARES Act have or will soon receive PPP loan proceeds from their lenders. While the SBA has not yet …
This is a Perfect Time to Review Estate Planning and to Know How the CARES Act Affects Retirement Plan Distributions
CLIENT ALERT By: Bradford E. Cook April 17, 2020 If you are like me, working from home has resulted in early garden clean-up, tidying up the garage and putting things in order, reading the rest of unfinished books, and having more time to confuse the pets by being around so much. For many of our …
SBA Issues PPP Loan Guidance for Self-Employed Individuals
CLIENT ALERT By: Colleen Lyons April 16, 2020 On April 14, 2020, the U.S. Small Business Administration (“SBA”) issued an interim final rule (“IFR”) providing guidance for individuals with self-employment income who file a Form 1040, Schedule C and who are interested in applying for assistance under the Paycheck Protection Program. This new IFR supplements …
New Emergency Order – New Hampshire Agencies Temporarily Extend Some Compliance Deadlines and Requirements, Starting with Environmental Programs
CLIENT ALERT By: Tom Burack, Lynn Preston and Robert Cheney April 10, 2020 April 15 Deadline for Filing Annual Air Emission Reports Extended to May 15! Temporary relief from some deadlines and requirements is on its way under various New Hampshire regulatory programs, starting with regulations administered by the New Hampshire Department of Environmental Services …
When Business Resumes, What Responsibilities Will Companies Have to Prevent the Spread of COVID-19?
CLIENT ALERT By: J.P. Harris April 10, 2020 For the last several weeks, most businesses have closed voluntarily or were closed as a result of an executive order. Although social distancing is clearly working to slow the spread of the COVID-19 virus, everyone is anxious to get back to normal operations as quickly as possible. …
Beware of the Courts Bearing Gifts: Is the Supreme Judicial Court’s Order Tolling Statutory Deadlines Constitutional?
CLIENT ALERT By: Michael Lambert and Michael Stanley April 10, 2020 On April 6, 2020, the Massachusetts Supreme Judicial Court’s (“SJC”) Order Regarding Court Operations Under the Exigent Circumstances Created by the COVID-19 (Coronavirus) Pandemic (the “Order”) became effective. The Order discussed access to courts, emergency matters, clerk’s office procedures, and trial deadlines. Importantly, the Order …
The Importance of Being Proactive for Tenants, Landlords and Lenders
CLIENT ALERT By: Bruce Bagdasarian April 10, 2020 The Coronavirus pandemic has caused widespread hemorrhaging in the real estate industry. While the retail and hospitality sectors have taken the brunt of the crisis, all property types are being affected. And as tenants begin to suffer, so too will their landlords and their lenders. Tenants are …
CMS Issues Waivers of Sanctions under the Stark Law During COVID-19 Emergency: Examples and Guidance
CLIENT ALERT By: Andrew B. Eills April 9, 2020 Last week, the Centers for Medicare and Medicaid Services (CMS) issued blanket waivers of sanctions under the federal physician self-referral law[1], also known as the “Stark law.” https://www.cms.gov/files/document/covid-19-blanket-waivers-section-1877g.pdf The purpose of these waivers is to support physicians and health care providers in responding to the COVID-19 …
Cares Act Protections for Borrowers and Tenants
CLIENT ALERT By: Joel G. Kinney April 6, 2020 The Coronavirus Aid, Relief and Economic Security Act, or CARES Act, was signed into law on March 27, 2020 and includes three provisions addressing emergency relief for borrowers of Federally backed mortgages and any tenants in properties that are subject to those mortgages. These protections include: …
The New FFCRA Regulations: Helpful Clarifications, a Few Surprising Answers
CLIENT ALERT By Karen A. Whitley April 6, 2020 On March 18, 2020, President Trump signed the Families First Coronavirus Response Act (FFCRA), establishing two forms of paid leave for employees who need to take time off from work related to COVID-19 between April 1 and December 31, 2020. Since March 18, the Department of …
SBA Issues Interim Final Rules and Final Form of Application for Paycheck Protection Program
CLIENT ALERT By: Colleen Lyons April 3, 2020 Yesterday afternoon, the US Small Business Administration (“SBA”) issued Interim Final Rules regarding the Paycheck Protection Program. These proposed rules contain some important new information for borrowers and in some cases, changes to the guidance provided earlier by the SBA and US Treasury Department (the “Treasury Department”). …
CARES Act Provides Benefits to Nonprofit Organizations
CLIENT ALERT By: Alexander Pyle April 2, 2020 The Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”), which was enacted on March 27, 2020, includes a number of provisions applicable to nonprofit organizations. This client alert highlights some of the most significant of these provisions. Paycheck Protection Program. This program, administered by the …
Commercial Loan Defaults Resulting from the COVID-19 Pandemic-Work it Out
CLIENT ALERT By: Margaret Probish April 2, 2020 On March 22, 2020 the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation (FDIC), the National Credit Union Administration, the Office of the Comptroller of the Currency (OCC), the Consumer Financial Protection Bureau, and the State Banking Regulators (collectively the “Agencies”) issued …
CARES Act: Expansion of the Accelerated Payment Program: A Needed Lifeline for Medicare Providers
CLIENT ALERT By Andrew Eills April 2, 2020 Medicare providers are likely feeling the financial hardships caused by lower volumes, cessation of non-elective procedures, and possible staff shortages due to the novel coronavirus (COVID-19). To increase cash flow for health care providers, the recently enacted Coronavirus Aid, Relief, and Economic Security (CARES) Act and subsequent …
Paycheck Protection Program Application Process and Guidelines Established
CLIENT ALERT By: Colleen Lyons April 1, 2020 Earlier this week we provided an Alert concerning the Paycheck Protection Program established under the CARES Act. On Tuesday, March 31, the US Treasury Department released the Application Form for the Paycheck Protection Program along with the following additional general guidance concerning the Paycheck Protection Program: An Overview …
NH Attorney General Permits Not-For-Profit Boards to Meet Remotely During State of Emergency
CLIENT ALERT By: J.P. Harris March 31, 2020 Just as for-profit leaders adapt to social distancing and conducting business remotely, so too must not-for-profit leaders find ways to persevere while minimizing face-to-face meetings. The New Hampshire Attorney General’s Office, Charitable Trusts Unit issued an advisory making it a little easier for not-for-profits to conduct board …
Do You Know Where Your Sublicenses Are? First Circuit Validates Implied Copyright Sublicense
CLIENT ALERT By: Michael Stanley and Michael Lambert March 31, 2020 The First Circuit, in an issue of first impression in the federal circuit courts, put copyright holders on notice: non-exclusive copyright licensees may sublicense copyrights by implication. Photographic Illustrators Corp. v. Orgill, Inc., No. 19-1452 (1st Cir. Mar. 13, 2020).[1] This means that a …
Delaware Giveth…But will other States Take it Away: Using Federal Forum Provisions for Shareholder Claims
CLIENT ALERT By: Michael Stanley and Michael Lambert March 31, 2020 On March 18, 2020, in Salzberg v. Sciabacucchi, No. 346, 2019 (Del. Mar. 18, 2020), the Delaware Supreme Court held that federal forum provisions in corporate charters, requiring claims under the Securities Act of 1933 (the “1933 Act”) to be litigated in federal …
CARES Act Tax Benefits for Individuals
CLIENT ALERT By: Peter Beach March 30, 2020 The Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) was enacted on March 27, 2020. This article discusses the tax relief provisions for individuals that are contained in the Act. Recovery Rebates The bill provides a $1,200 refundable tax credit for individuals ($2,400 for taxpayers filing …
CARES Act Tax Benefits for Businesses
CLIENT ALERT By: Peter Beach March 30, 2020 The Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) was enacted on March 27, 2020. This article discusses the tax relief provisions for businesses that are contained in the Act. Employee retention credit for employers The CARES Act provides a refundable payroll tax credit for …
Update on Federal and Northern New England State Tax Efforts to Reduce the Economic Impact of COVID-19
CLIENT ALERT By: Peter Beach & Mark Dell’Orfano March 30, 2020 Legal responses to the COVID-19 pandemic are evolving daily. Both federal and state tax law developments reflect efforts to respond to the growing economic impact that the pandemic is having on individuals and businesses. This Client Alert provides an overview of the tax-related responses …
The Coronavirus Aid, Relief, and Economic Security (Cares) Act and Unemployment Benefits – Summary
CLIENT ALERT By: David McGrath March 30, 2020 Introduction The Coronavirus Aid, Relief, and Economic Security (CARES) Act enhances and extends unemployment benefits for many workers in three basic ways: Increases typical unemployment insurance benefits (UIB) by $600 per week through July 31, 2020; Establishes a program to provide 13 weeks of UIB for workers …
NTV Management, Inc. v. Lightship Global Ventures, LLC
CLIENT ALERT SJC Looks Into Terms and Context of Consulting Agreement to Determine Whether it Requires a “Transaction in Securities.” By: Michael Lambert and Deniz Harrison March 30, 2020 The Supreme Judicial Court recently took a hard look into the terms of, and context surrounding, a contract for consulting and advisory services in connection with …
Paycheck Protection Program
CLIENT ALERT By: Colleen Lyons March 28, 2020 One of the most significant new programs for businesses under the CARES Act is the new Paycheck Protection Program (“PPP”). This program will be administered by the Small Business Administration (“SBA”) and is designed to help eligible businesses continue to pay operational costs like payroll, health benefits, …
Environmental Compliance and Enforcement Discretion During the COVID-19 Pandemic
CLIENT ALERT By: Tom Burack, Lynn Preston & Robert Lucic March 27, 2020 On March 26, 2020, the US Environmental Protection Agency (EPA) issued a temporary policy laying out how the agency will exercise its enforcement discretion in addressing environmental noncompliance matters that arise under federal environmental laws during the course of the COVID-19 pandemic. …
New Hampshire Orders Workplace Closures, Orders Residents to Stay Home
CLIENT ALERT By: Alexander Pyle March 27, 2020 On March 26, 2020, Governor Sununu issued an order requiring businesses and other organizations that do not provide essential services to close their physical workplaces, commencing at 11:59 p.m. on March 27, 2020 and continuing until 12:01 a.m. on May 4, 2020. The order also requires all …
The Coronavirus Aid, Relief, and Economic Security Act (The Cares Act)
CLIENT ALERT By: Peter Beach, Paul Durham, Andrew Eills, Colleen Lyons & Alexander Pyle March 27, 2020 On March 26, 2020, the Senate passed the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”), the third federal stimulus package designed to address the effects of the COVID-19 pandemic. If, as expected, the current bill …
Governor Sununu’s Emergency Order #9, issued on March 19th, 2020 regarding: Emergency Healthcare System Relief Fund
CLIENT ALERT By: Katherine M. Hanna March 26, 2020 On March 19, 2020, Governor Sununu issued Emergency Order #9, which establishes the Emergency Healthcare System Relief Fund. “The Order creates a $50M fund to provide emergency relief to hospitals and other healthcare providers that are serving an essential component of the State’s healthcare system during …
