Here's what you should know.
5.8.2020
5 Practical Tips for Maximizing Forgiveness of Your PPP Loan
1. Designate a PPP Point Person: Someone internal to your organization should have a good handle on the rules for forgiveness. The rules are complicated, and they could shift before you apply for forgiveness, so it’s a good idea to have a specific…
5.7.2020
PPP Loan Certification Guidance – Should I Give the Money Back?
Over the past week, many clients who have received Paycheck Protection Program (“PPP”) loans have inquired about whether (a) they satisfy the PPP loan certification requirements following provision of additional guidance from the Small Business…
5.5.2020
Earn-OUCH: Post-M&A Transaction Earn-Outs in Light of COVID-19
Often, the parties in a business sale will designate a portion of the purchase price to be paid out over time or otherwise made contingent on the performance of the business after the transaction is complete. An earn-out can be one of the most…
5.4.2020
To Be or Not to Be a Deductible – That Is the Current PPP Question
Now that Paycheck Protection Program (PPP) funds are landing in business accounts, it’s time to dig into how PPP loan forgiveness is taxed. Tonkon Torp attorneys have detailed how PPP loans work at our firm’s COVID-19 Resources page, but in short…
4.29.2020
FAQ: COVID-19 Impact & Financial Resources for Businesses
s businesses are required to remain shut down as a result of the COVID-19 pandemic, access to capital resources continues to be a pressing issue for our clients. This FAQ addresses many questions that businesses may have about governmental programs…
4.28.2020
Further DOL Guidance on Interaction Between EPSL, EFMLA, and Employer-Provided Leave
On April 20, 2020, the Department of Labor (DOL) released further Q&A guidance (questions 80-88) regarding the Families First Coronavirus Response Act (FFCRA).
4.23.2020
Trump Proclamation Suspends Entry of Immigrant Visa Applicants Into U.S. for 60 Days
On April 22, 2020, President Trump issued a Presidential Proclamation temporarily suspending entry into the United States of certain foreign nationals outside the United States seeking immigrant visas. The Proclamation has several exceptions, and…
4.22.2020
Hemp and the Pitfalls of the USDA’s Interim Final Rule
Despite regulatory uncertainty and increased competition, we continue to see explosive growth in the amount of hemp production in the United States, with the amount of total acreage increasing by approximately 550% since the passage of the 2018 Farm…
4.21.2020
Tips on Looking for Funding for Your Cannabis Company
Funding a business with startup or growth capital is a universal challenge, but cannabis businesses face at least one unique hurdle in the continuing federal illegality of the industry. Aside from the difficulty in accessing banking resources…
4.21.2020
DOL Issues Corrections to FFCRA Regulations
The Department of Labor ("DOL") issued corrections to the regulations implementing the Families First Coronavirus Response Act. While most of DOL’s corrections are technical, one of them is significant and clarifies whether employers can require…
4.21.2020
Business Interruption Insurance and COVID-19: Tender Your Claim
Now that many businesses have been shut down for weeks as a result of the COVID-19 virus, there have been a number of important developments affecting the availability of business interruption insurance to help mitigate the losses experienced as a…
4.20.2020
Pre-Employment Drug Screening Policies Are Changing for Oregon Employers
While the use of cannabis is still illegal at the federal level, 33 states now allow medical use and 11 of those states and Washington, D.C. have also legalized recreational use.
4.17.2020
OSHA Issues Guidance on COVID-19 Recordkeeping, Work-Relatedness Determinations
Recognizing the difficulty in assessing whether an employee contracted COVID-19 at work, OSHA released interim guidance on April 10, 2020 for how it will enforce its recordkeeping requirements. This guidance should be of interest to employers who are…
4.17.2020
Top 6 Ways To Protect a Cannabis Business Brand
As I previously discussed in my article and podcast published in the Portland Business Journal, U.S. federal trademark law does not currently extend to cannabis products. Because the required “use in commerce” of the cannabis plant and related…
4.17.2020
Main Street Lending Program for Small to Mid-Sized Businesses
After the enactment of the CARES Act, the federal government has been primarily focused on providing funding to small businesses through the Paycheck Protection Program. However, many U.S. businesses are still in need of liquidity as a result of the…
4.16.2020
Coronavirus Changed the World: Have You Adapted Your Negotiation Tactics?
As COVID-19 washes over the United States, the way law is practiced has, at least temporarily, changed—and negotiation strategies must adapt as well. For potential and pending litigation, now is a good time for parties to analyze their own interests…
4.15.2020
Will Oregon’s Cannabis Industry Go Up in Smoke Due to COVID-19 Fallout?
As the nation rushes to slow the COVID-19 pandemic, the cannabis industry finds itself caught in the chaos like everyone else. However, there is one additional caveat for cannabis businesses — not one penny of the $2 trillion federal stimulus package…
4.14.2020
Bankruptcy and Restructuring in the Cannabis Industry in 2020 and Beyond
While states continue to legalize cannabis, and the federal government continues to consider softening its stance, difficult questions persist at the intersection of cannabis and bankruptcy. As the cannabis industry continues to evolve in 2020 and…
4.8.2020
DOL Releases Fourth Round of Q&A Guidance
On April 3, 2020, the Department of Labor (DOL) released its fourth round of Guidance regarding the Families First Coronavirus Response Act (FFCRA) in Q&A format. The new Guidance was released on the heels of the DOL’s 125-page temporary rule, our…
4.7.2020
Supplemental FAQ for SBA Loans under the CARES Act - Paycheck Protection Program
On April 2, 2020, the U.S. Small Business Administration (“SBA”) published an Interim Final Rule (“IFR”) addressing the implementation of the Paycheck Protection Program (“PPP”) under the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act…