As documented through various news reports and articles, the healthcare industry has been overwhelmed by the first wave of coronavirus cases. Healthcare providers have struggled with performing necessary healthcare services as a result of several factors stemming from the lack of medical equipment (ventilators, etc.), medical supplies (including personal protective eq [...]

The Coronavirus Aid, Relief and Economic Security (CARES) Act provides employers with the opportunity to defer the employer portion of social security taxes (6.2 percent) on wages paid between March 27, 2020 and Dec. 31, 2020. The Act also provides that employers that have a Paycheck Protection Program (PPP) loan forgiven are not eligible for the deferral. Until recen [...]

COVID-19 has created uncertainty and resulted in major economic changes, which has had a chilling effect on the economy, M&A deals and capital market transactions. Deals and financings (including IPOs) that were in process at the beginning of this year are now paused. Companies and investors are looking for answers about how to prepare for the future. Before COVID-19 [...]

The $2-trillion Coronavirus Aid, Relief and Economic Security (CARES) Act, has been a saving grace during the COVID-19 era. Companies industry-wide are most aware of the CARES Act’s $350-billion apportionment to the U.S. Small Business Administration (SBA) for emergency loans. The SBA’s most popular relief package is arguably the Payroll Protection Program (PPP), whic [...]

Last evening, the Small Business Administration (SBA) released an Interim Final Rulemaking Guide for individuals that file Paycheck Protection Program (PPP) applications. The guidance clarifies several aspects of the PPP loan application amount that were previously uncertain and provides taxpayer-friendly guidance on the use of PPP funds. Background Guidance for [...]

With the race to submit Paycheck Protection Program (PPP) loan applications before the funds run out, some important questions remain unanswered. Single Audit Applicability: Will the loan proceeds under the PPP program be subject to a Single Audit? For those unfamiliar with a Single Audit, it is an organization-wide financial and compliance audit of a non-federal en [...]

On March 13, 2020, the President made an emergency declaration for the ongoing COVID-19 pandemic under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (the “Stafford Act”) for all states, tribes, territories and the District of Columbia. This declaration triggered the disaster loss provisions of IRC section 165(i), which allows a taxpayer to elect [...]

“Expo West is the Super Bowl of the natural food industry, and we have been preparing for it and investing in it since last summer,” said Jordann Windschauer, founder and chief executive officer of Base Culture, a Clearwater, Fla., baker of gluten-free foods. “Once all of the major retailers canceled, it no longer was a good place for us to spend more time or money. T [...]

In addition to the Paycheck Protection Program and other provisions of the CARES Act, many companies can potentially look to their commercial insurance policies for recovery from the damaging impacts of COVID-19. Business Interruption Insurance is often the first place a company looks to in times like these for recovery. However, as Business Interruption Coverage typi [...]

On Friday April 10, 2020, the Department of Health and Human Services (“HHS”) began funding the first $30 billion of its $100 billion Public Health and Social Services Emergency Fund, as authorized by the CARES Act. In terms of what entities will receive this initial funding, HHS has determined that all facilities and providers who received Medicare Fee-For-Service (“ [...]