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Christopher Yetka Featured in Business Journal Article Discussing Insurance Questions Relating to Business Damage from Recent Riots
Christopher Yetka was featured in Minneapolis/St. Paul Business commenting about how companies across the Twin Cities should be surveying damage and reach out to their policy issuers as soon as possible after a series of violent nights in the metro area. Many policies have a clause that states the policyholder must notify the insurance company in a timely manner in the event of a loss.
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Todd Freeman Explains the Favorable (along with some troubling) Updated Guidance from the SBA on the Forgiveness of PPP Loans
On May 18th, the SBA issued guidance on PPP loan forgiveness in the form of an application for such forgiveness. This podcast reviews and analyzes this guidance describing both opportunities and pitfalls. The SBA just released an application for loan forgiveness as the form of guidance on this area of issues. While some new issues were created, many areas of uncertainty have been clarified.
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Phyllis Karasov and Dan Ballintine Discuss Re-Opening A Business the Right Way: Tips to Avoid Pitfalls
Phyllis Karasov and Dan Ballintine discuss the matters employers need to consider when re-opening businesses after the Covid-19 shutdowns. Recalling only some employees, screening employees before they enter the workplace and dealing with employees who refuse to return to work are among the issues discussed.
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Small Business Reorganization – Bankruptcy Protection For Small Businesses
The Small Business Reorganization Act of 2019 (“SBRA”) has the potential to make Chapter 11 bankruptcy protections available to smaller businesses. The Federal government and State relief efforts are providing various forms of relief to businesses of many sizes and in many industries – what programs like the PPP and Main Street Lending Program do not do and cannot do is actually bring customers back to storefronts or kickstart “nonessential” businesses. Having no customers, landlords and lenders that are struggling themselves, coupled with the lack of access to capital resources will create many difficulties for small businesses that, before this crisis, had typical levels of debt and leverage. The SBRA may be well suited for small businesses that need some time to restructure and fend off creditors and avoid a liquidation scenario.
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Tom Flynn and Patrick Cole Discuss Bankruptcy and Business Contingency Planning
Could changes to Chapter 11 bankruptcy be the answer to many businesses' financial worries in our COVID-19 world? Attorneys Tom Flynn and Patrick Cole explain what your options for financial relief are under the law in the latest edition of the Larkin Hoffman COVID-19 Podcast Briefings.
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Christopher Yetka Obtains Insurance Bad Faith Award in Minnesota Federal District Court
Christopher Yetka won a significant victory on Tuesday, obtaining the first award of bad faith damages in Minnesota’s Federal District Court after an evidentiary hearing.
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Planning For Business Owner Incapacity
COVID-19 has stunned the country. At the start of 2020, who imagined the dramatic shift the virus would bring to our world, our work, and our daily lives? People find themselves in changing circumstances. Some are on the front lines, caring for those who are ill. Some are home in an effort to slow the progression of the virus. Some are operating or employed in essential businesses, some are unemployed or taking a break until business improves. No matter what the situation, it is a good time to focus on planning.
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What Happens to Minnesota’s Zoning Shot-Clock During a Peacetime Emergency?
Like many states, Minnesota has an automatic approval statute, or “shot clock,” to protect applicants for zoning and land use applications. Minnesota Statutes section 15.99 requires that local land use authorities must act within 60 days of receiving a completed zoning application. If the government fails to act within that time frame, the application is automatically approved. But what happens during a global pandemic when government employees (and everyone else) must shelter in place for two weeks, six weeks, or even longer?
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Paycheck Protection Program: Q&As For Small Businesses
On March 25, the U.S. Senate passed the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) to keep American workers paid and employed. The CARES Act authorizes the Small Business Administration (“SBA”) to provide loan guarantees for up to $349 billion in loan commitments under the SBA’s 7(a) program (the SBA’s primary program for providing financial assistance to small businesses), funding a new forgivable loan program: Paycheck Protection Program. The below information will help small and mid-sized businesses to better understand loan eligibility, benefits, and the application for the SBA loan under the Program. We will continue providing further updates as the SBA issues guidance interpreting the Program.
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What the Paycheck Protection Program Offers Nonprofit Organizations and Small Businesses
The Coronavirus Aid Relief and Economic Security Act (the “CARES Act”) provides important public funding to small businesses. The following are some of the highlights of the Paycheck Protection Program (the “Program”) which is part of the CARES Act. This Program is an expansion of the Small Business Administration (“SBA”) 7(a) loan program. The available pool for these loans is $349 billion. Loans will be made on a first-come, first-serve basis, so businesses should apply as soon as possible. The information below is based on the Interim Final Rule promulgated by the SBA on April 2, 2020.
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FAQs on Minnesota's Small Business Emergency Loans and Economic Injury Disaster Loan Programs
Both state and federal governments have taken swift action to enact quick and innovative programs to aid small businesses struggling with the fallout of the COVID-19 crisis. To understand new options available to small businesses and how the various loan programs interact with one another, the FAQs below provides a summary of Minnesota loan program and the SBA disaster loan program.
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Families First Coronavirus Response Act (“FFCRA”) Model Notice, New Effective Date and Amnesty
The U.S. Department of Labor (“DOL”) has published the model notice which employers must post as required by the Families First Coronavirus Response Act (“FFCRA”). The notice must be posted in conspicuous places on the premises of the employer where notices to employees are customarily posted. An employer can satisfy this requirement by emailing or direct mailing this notice to employees, or posting this notice on an employee information internal or external website. An employer is not required to post the notice in multiple languages, but the DOL will be publishing the notice in the near future in several additional languages. The requirements in the notice apply only to current employees. Employers can order notices free of charge from the DOL’s Wage and Hour Division, or download and print the notice here.
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Governor Walz Directs Minnesotans to Stay at Home (Effective March 27, 2020 at 11:59 p.m.)
On March 25, 2020, Governor Walz signed Executive Order 20-20, directing all individuals within the State of Minnesota to stay at home as a result of the COVID-19 peacetime emergency. Individuals are instructed to stay at their place of residence and all non-essential businesses are ordered to close or transition all operations to remote work. Exec. Order 20-20 is similar to several “shelter-in-place” orders that have been issued in other states.
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We May Soon Find Out What “Force Majeure” Means
I had been pondering a new post to my law firm’s blog, focused on a traditional real estate topic. Now, of course, we are way beyond “traditional” as governments, companies and the public at large struggle to respond in a coherent way to a relentless viral invasion.
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U.S. Small Business Administration (SBA) Disaster Loans Now Available in Minnesota
The SBA has added the Coronavirus (COVID-19) pandemic as a disaster for which small business loan assistance may be available to small businesses. The loans are limited to territories of the United States for which a disaster has been declared on the recommendation of the Governor. Currently, the states which have areas covered by the disaster relief fund include California, Connecticut, Delaware, District of Columbia, Florida, Georgia, Indiana, Maine, Massachusetts, Minnesota, Montana, Nevada, New Hampshire, New Jersey, New Mexico, North Carolina, Rhode Island, Utah and Washington.
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Molly Eichten Recognized as One of the World's Leading Trademark Professionals for the Fourth Year in a Row
For four consecutive years, Molly Eichten has been recognized by World Trademark Review in the WTR 1000 for her work in intellectual property prosecution and strategy. World Trademark Review is a news service dedicated to international trademark issues.
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Bill Griffith Recognized in Inaugural LexBlog Excellence Awards for Exemplary Writing on Legal Blogs
Bill Griffith's post, Finding the Future: Guatemalan Fishing Village Bans Plastics, was the first runner-up in the LexBlog Excellence Awards for exemplary writing on legal blogs for the category of Best News or Trend Analysis.
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John Diehl Received the 2019 Minnesota ICON Award
John Diehl received the 2019 Minnesota ICON award by Finance & Commerce and Minnesota Lawyer. This honor pays tribute to legal professionals who have proven themselves to be “titans of the boardroom and the courtroom.”
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Barb Peppersack is the First Recipient of the Minnesota Paralegal Association’s Lifetime Service Award Named in Her Honor
Barbara Peppersack was honored as the recipient of the inaugural Barbara H. Peppersack Lifetime Service Award by the Minnesota Paralegal Association in recognition of over 40 years of service to the Minnesota Paralegal Association and the paralegal profession.
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John Diehl to Receive 2019 Minnesota ICON Award
Finance & Commerce and Minnesota Lawyer have announced that John Diehl has been selected to receive a 2019 Minnesota ICON award. The magazines are paying tribute to “titans of the boardroom and the courtroom” with their second annual awards event in December. The Minnesota ICON awards recognize individuals with proven success throughout a lengthy and accomplished career. The honorees are leaders in their field who have been active in their communities and in mentoring the next generation.
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