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Melissa Bayne Receives Bob Hoffman Community Service Award
Larkin Hoffman is pleased to announce that Melissa Bayne has been honored as the firm’s recipient of the annual Bob Hoffman Community Service Award. The annual award is presented to an employee who most exemplifies the spirit of service to the community that was established as a guiding principle for the firm by our late founder Bob Hoffman. Bob built his reputation not only as a great real estate and land use attorney but also as a giant in community service. Throughout his long career, Bob helped establish and oversee many important nonprofit organizations.
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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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Paul Smith and Chris Yetka Discuss Why Covid-19 Losses May Well Be Covered under Your Business Interruption Insurance Policies
COVID-19 and the stay at home mandates have had a devastating impact on the business community. Many business owners are looking to their business interruption and other insurance to cover the losses but finding insurers are asserting various coverage issues and exclusions. Paul Smith and Chris Yetka shine a light on what to look for in your policies before you give up on financial help from insurers. This episode of Larkin Hoffman Briefings will discuss the various strategies all businesses should employ when assessing their insurance coverage.
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Phyllis Karasov and Dan Ballintine Discuss Re-opening a “Safe” Workplace: OSHA, ADA and More
Employers are legally required to make their workplaces “safe” for their employees and customers. What does “safe” mean, given that no employer can guarantee a virus-free workplace? What are the rules on screening employees, taking temperatures, and refusing to allow employees showing symptoms of COVID-19 into the workplace? This session will talk about how to make the workplace safe, OSHA guidance, how to handle employee requests for reasonable accommodation for medical conditions that place them at higher risk if they become infected with coronavirus, whether employees should be required to sign waivers and more.
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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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Christopher Yetka Moderates Bisnow Town Hall: Insurance and Liability Implications of the COVID-19 Pandemic
On Thursday, May 14, 2020, attorney Christopher Yetka moderated a panel with Tim Worke, CEO of Associated General Contractors of Minnesota, and Jason Wilsey, a Vice President and Shareholder at CSDZ, an insurance agent and broker focusing on construction clients. The panel addressed liability and insurance stemming from the COVID-19 Pandemic.
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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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Governor Walz Issues an Executive Order Allowing Reopening of Medical, Dental and Veterinary Clinics for Elective Surgeries and Procedures
On May 5, 2020, Governor Walz issued Executive Order 20-51 which, coupled with guidance from the Minnesota Department of Health, allows hospitals, ambulatory surgery centers, and clinics, including dental, veterinary, mobile and other facilities, to perform procedures that utilize PPE or ventilators, provided they comply with the conditions set forth in the Executive Order.
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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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Navigating State and Local Governments During a Pandemic: How Continuing Government Action on Major Issues Can Impact Your Investments
Peter Coyle and Jacob Steen discuss the land use, government relations and regulatory environment during the COVID-19 pandemic.
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Unemployment and a Returning Workforce: How the CARES Act Can Increase Unemployment Benefits with Phyllis Karasov and Alex Beeby
Employment attorneys Phyllis Karasov and Alex Beeby discuss changes and provide insight into the support the Minnesota Department of Employment and Economic Development is giving laid-off employees, employees whose hours or wages are reduced, and self-employed individuals and independent contractors.
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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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Phyllis Karasov and Dan Ballintine Discuss Difficult Questions Facing Employers Under the Families First Coronavirus Relief Act
Larkin Hoffman employment law specialists Phyllis Karasov and Dan Ballintine answer some of the tough questions employers face under the new Families First Coronavirus Relief Act (“FFCRA”) in our latest COVID-19 Briefing series podcast.
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Todd Freeman and Dan Kadlec Provide Guidance on Managing PPP Proceeds to Maximize Loan Forgiveness
Your business has successfully applied for a loan under the Paycheck Protection Program. You either have received the loan proceeds or are awaiting receipt of the proceeds. This podcast addresses the management of the proceeds to ensure proper use of them and maximize the amount of proceeds that may be forgiven. Given the complex interplay among the various sets of rules for use, forgiveness, reduction in forgiveness and relief from reduction in forgiveness, compiling pertinent information to develop a game plan for these proceeds will not only allow you to maximize use and forgiveness, but also provide guidance on the support that you may provide to your workforce funded by this government program.
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COVID-19 Briefing Podcast Series
Introducing a new series of podcasts discussing issues affected by the COVID-19 crisis. Our senior attorneys will address corporate, employment, real estate, construction, franchise, bankruptcy, insurance, litigation, and other matters in this series. The podcasts are 15 minutes long and can be heard at your convenience. Over the next few weeks, there will be several podcasts on developing matters.
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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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COVID-19 Unemployment Compensation Updates
The unemployment compensation landscape is constantly evolving during this COVID-19 pandemic. The United States Department of Labor (“DOL”) and Minnesota’s Department of Employment and Economic Development (“DEED”) are frequently issuing new guidance and updates as they work to implement emergency orders and legislation and to try to respond to the mass layoffs stemming from COVID-19 shutdowns. While DEED’s unemployment website provides useful information, its call center is closed to customer service calls as the office focusses on processing the flood of applications and implementing the new policies. This article seeks to distill the current unemployment compensation landscape to address the most frequently asked questions we receive from employers considering layoffs and employees facing layoff.
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Privacy and Compliance Considerations for Health Care Providers during the COVID-19 Emergency
The ongoing COVID-19 pandemic has thrown economic and health care systems into disarray across the globe. In the United States, hospital systems and departments of health have scrambled to identify ways to decrease the spread of the infection while preparing the health care system for the onslaught of patients that overwhelmed hospitals in other counties. As part of that effort, significant attention has been devoted to the ongoing role of existing privacy regulations and various adaptations that could support the remote provision of health care services.
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