Blog

COVID-19 and Force Majeure

As the COVID-19 pandemic continues, clients may need to familiarize themselves with an oft-overlooked contractual provision – the “force majeure” clause.  This update will discuss force majeure events and force majeure clauses and explain contractual parties’ obligations if a force majeure event occurs.[1] What is a force majeure event, and what is a force majeure Continue reading

Stay Home and Closure of Non-Essential Businesses Orders

Although Iowa has not enacted a “stay-home” or “closure of non-essential businesses” order, many states (including states bordering Iowa such as Illinois, Minnesota, Missouri, and Wisconsin) have issued them.  These orders may impact operations for clients who have activities or a presence in states which have issued them. This update will discuss the typical components Continue reading

Update: COVID-19 Payment Protection Program

SBA & Treasury Department Press Release In a press release dated March 31, 2020, the Small Business Administration (the “SBA”) and the Treasury Department released additional details regarding the Paycheck Protection Program (the “PPP”), the new loan program aimed to provide relief to small businesses during the current COVID-19 pandemic. Notable updates: The SBA and the Treasury Continue reading

Families First Coronavirus Response Act

The Families First Coronavirus Response Act (the “Act”), signed by President Trump on March 18, 2020, contains two significant provisions regarding leave associated with COVID-19. First, the Act provides employees with up to 80 hours of paid sick leave. Second, the Act expands the Family and Medical Leave Act (“FMLA”) to include up to 12 Continue reading

FFCRA Employer Notice

The U.S. Department of Labor recently issued a notice that must be posted by each covered employer pursuant to the Families First Coronavirus Response Act (FFCRA): FFCRA Notice

COVID-19: Payment Protection Program

On Friday, March 27th, the government passed and signed into law the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”). The CARES Act provides small businesses with economic relief in the form of the Paycheck Protection Program (“PPP”) administered by the Small Business Administration (“SBA”). The PPP offers emergency loans to small businesses Continue reading

COVID-19 Resources and Information

Guidance for Employers in Light of COVID-19 With the coronavirus (COVID-19) now declared a pandemic by the World Health Organization and confirmed cases in the United States, including Iowa, employers must develop policies and strategies to keep their workplaces safe. Below we provide guidance and resources for employers as they react to this evolving issue.  General Continue reading

U.S. Supreme Court upholds arbitration agreements that waive class and collective actions and require individualized arbitration

Epic Systems Corp. v. Lewis, Nos. 16-285, 16-300, 16-307 (US May 21, 2018). The U.S. Supreme Court recently ruled that employers and employees can agree to resolve disputes through individualized arbitration. In other words, if the employer and employee enter into an agreement to resolve disputes through individualized arbitration, the employee cannot later join with Continue reading

Impact of IRS Regulations & Federal Election on Family Business Gifting Strategy

In August, the Internal Revenue Service announced proposed regulations that would effectively increase taxes imposed on lifetime and post-death transfers of ownership interests in family businesses. These proposed regulations would impact high net worth clients who own family-controlled corporations, Limited Liability Companies (LLCs), Family Limited Partnerships (FLPs), and similar entities.  For purposes of this article, Continue reading

Proposed Update to the Antitrust Guidelines for the Licensing of Intellectual Property Is One Step Closer to Finalization

Public comments are now closed for the proposed update to the Antitrust Guidelines for the Licensing of Intellectual Property, a joint effort by the Department of Justice (DOJ) and Federal Trade Commission (FTC). These guidelines are important because they guide businesses and legal counsel in crafting licensing arrangements that do not run afoul of antitrust Continue reading