The federal government acted swiftly in passing the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”), including the Payroll Protection Program (“PPP”) component, to mitigate the financial impact of the COVID-19 pandemic. While the quick action by the government has put money quickly into the hands of small businesses, the government agency responsible for implementing this massive new program, the Small Business Administration (“SBA”), has had to play catch-up to issue guidance and rules to fully implement it. This Legal Update provides considerations related to the receipt of federal funds, which may be particularly useful to those borrowers…
The Coronavirus Aid, Relief, and Economic Security (CARES) Act provides some credit protections for consumers, according to a recent blog post from Ray Dall’Osto and Chris Hayden of GRGB Law in Milwaukee. In addition, amidst an uptick in fraud and scams, the authors note that “the Federal Trade Commission announced in May 2020 that an agreement has been reached with the nationwide credit reporting companies to allow for free, weekly credit reports, not just one free report per year.” Read the full blog post. See more articles and notices on the table of contents page for the Coronavirus &
(This blog is about ridiculousness so I am using a stately stock gavel as the accompanying image.) In my ethics nerd friend circles, we often discuss “those cases.” “Those cases” either involve attorney discipline or judges admonishing attorneys for allegedly bad behavior outside of the disciplinary cases; they’re not of great importance or precedential value by themselves. But they act as cautionary tales and generate extra publicity and discussion (at least in my ethics nerd friend circles) because they involve some combination of vulgarity, sex, “really, you have a law license and thought this was a good idea?” and/or general…
Are you documenting all your intercompany transactions? If your transactions with a foreign affiliate exceed $10 million, your U.S. company is in danger of an IRS transfer pricing adjustment and a penalty. There are currently more transfer pricing adjustments at stake in the U.S. Tax Court than all other tax issues combined. Suppose, for example, that ForCo sells widgets to USSub, a distribution company in the United States. USSub has the use of ForCo’s unique distribution software. If USSub has difficulty collecting from customers, USSub has the use of ForCo’s collection staff. Such a simple scenario for conducting business in…
Jake has the 2019 gold standard numbers, and they are just terrible. Wisconsin’s rate of job growth started to decline in mid-2016, and has pretty much gone down since then, with the except of a Bubbly 6 months after the GOP Tax Scam was signed into law. But last year was a new depth, with barely more than 5,000 jobs added from December 2018 to December 2019, and we even slipped below 0 in November before a small rebound in the last month of 2019. Jake compares the jobs picture in Wisconsin with Minnesota, and the comparison does not…
By Attorney Jennifer Hayden of Petrie + Pettit S.C. The Division of Energy, Housing, and Community Resources has partnered with the Wisconsin Community Action Program Association to provide “direct assistance” for struggling Wisconsin tenants by way of 25 million dollars allocated to agencies across the state. Tenants who meet certain income and need eligibility can apply for the funds through the Wisconsin Community Action Program Association which will then issue payment directly to the Landlord on behalf of the Tenant.  Since this program will require the tenant to apply directly for the monies, if you have not already done so,…
Coronavirus & the Law Blog What About Evictions After the Supreme Court’s Decision to Block Safer at Home? It’s a question attorneys and their landlord clients have been asking, recently. Jennifer Hayden of Petrie + Petrie S.C. in Milwaukee provides an answer in a recent blog post. Short answer: The Wisconsin Supreme Court decision to block a statewide safer at home extension was “narrowly tailored” to that specific order and did not lift enforceability of an emergency order that blocked evictions until May 27. Read the full blog post. See more articles and notices on the table of contents…
DEBUNKING THE VOTER FRAUD MYTH “Sensationalist claims have circulated this election season about the extent of voter fraud, with some politicians going so far as to tell voters to fear that this November’s election will be “rigged.” Because electoral integrity is one of the elements necessary to making America the greatest democracy in the world, claims like this garner media attention, and frighten and concern voters.But putting rhetoric aside to look at the facts makes clear that fraud by voters at the polls is vanishingly rare, and does not happen on a scale even close to that necessary to “rig”…
As you likely know, the Wisconsin Supreme Court struck down the statewide Safer at Home orders as invalid and unenforceable. That means that any further statewide rules will need legislature’s actions. Many counties and municipalities then implemented their own orders, but many did not. Some municipalities that originally said they were going to have such orders have now taken them back. Dane County, however, released a detailed, phased plan on Monday. We are not going to discuss the opinion. There are lots of attorneys who want to do that more than we do. Dissecting the opinion won’t help…
Coronavirus & the Law Blog Silver Linings in a Dark Cloud Gregg M. Herman Court appearances via Zoom, live U.S. Supreme Court hearings, and improvements in court procedures. Gregg Herman discusses a few of the good things to come out of the coronavirus pandemic. While they certainly don’t outweigh the tremendous harm this awful virus is causing to our legal system and society, a few good things may come out of the coronavirus pandemic. Gregg Herman of Loeb & Herman S.C., Milwaukee, says that, given all the bad things, the legal system should take advantage of any good thing, no…
Late on May 15, 2020, the U.S. Small Business Administration (SBA) released its PPP loan Forgiveness Application (Forgiveness Application) for borrowers (Borrowers) under the Paycheck Protection Program (PPP). While the SBA has still not yet released interim final rules and regulations relating to PPP loan forgiveness, the Forgiveness Application provides more details on several critical questions which have been plaguing Borrowers. Although the SBA has still not provided final rules and regulation relating to PPP loan forgiveness, the new PPP Forgiveness Application provides several key clarifications regarding how PPP loan forgiveness will be calculated. Below is a summary of key clarifications…
On Friday, the SBA published its Paycheck Protection Program Loan Forgiveness Application, which includes instructions for completing the application.  The application can be found here.  Of note, the application contains further information with respect to the timing of paying and incurring payroll costs as that relates to calculating the amount eligible for forgiveness.  Additionally, the application provides certain borrowers (those with biweekly or more frequent payroll periods) flexibility in terms of when the eight-week “covered period” begins. O’Neil, Cannon, Hollman, DeJong & Laing remains open and ready to help you. For questions or further information relating to the Paycheck…
Gov. Evers announced a new $75 million grant program for small businesses that will provide $2,500 grants to assist with the costs of business interruption, health and safety improvements, salaries, rent, mortgages, or inventory. The grants will be available to businesses impacted by COVID-19 with 20 or fewer full-time employees who have not already received COVID-19 assistance from the Wisconsin Economic Development Corporation (WEDC). The grant program will be administered by the WEDC as part of its its “We’re All In” initiative, and will begin taking applications in June. Grant recipients will also commit to using safety protocols for their…
Author: Attorney David E. SapersteinPhone: 608-257-0945Email: dsaperstein@hurleyburish.com This practical series, “Nuts and Bolts,” is intended to demystify the process of being charged with a crime in Wisconsin state (circuit) courts. The court process can be overwhelming. Knowing what to expect from the process may make it less confusing and unpredictable, and hopefully less stressful. Will I Be in Jail During My Case? — Bail and Pretrial Release Most accused persons are released from custody during the pendency of their cases, either by posting cash and/or by signing a court order promising to abide by certain conditions while the case is…