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Waller | April 2020

The Internal Revenue Service (IRS) continues to generously interpret theFamilies First Coronavirus Response Act(FFCRA), deploying the “qualified leave tax credit” to maximize the benefit for employers and provide speedy aid, while adding new conditions to the “qualified family leave” mandate ...

Waller | April 2021

Bankruptcy courts are granted, under Section 105(a) of the Bankruptcy Code, the equitable power to “issue any order, process, or judgment that is necessary or appropriate to carry out the provisions of this title.” The reality of chapter 11 is that complex issues inevitably arise, and these issues will occasionally challenge the traditional methods and tools utilized by debtor’s counsel to craft an appropriate solution ...

Waller | May 2020

While the SEC’s amendments described in our prior blog post (locatedhere) provide relief to companies in a number of industries – including oil and gas, foreign private issuers, business development companies, and investment funds – we’re taking a closer look at the impact the amendments will have REITs and other real estate companies ...

Waller | January 2019

While buzzwords like consolidation and price transparency continue to dominate headlines, major players throughout the healthcare ecosystem are working tirelessly behind the scenes to deploy creative and complex service methods that leverage a smarter, more holistic approach to care. The goal? Control escalating costs and deliver tangible value to patients – all while maintaining a healthy balance sheet ...

Waller | August 2020

Executive summary The COVID-19 pandemic has created significant challenges for smaller hospitals and health systems. It has presented significant challenges to smaller, less capitalized and otherwise distressed healthcare providers. In terms of operating performance, half of our country’s hospitals reported negative margins as Q1 of 2020 ...

Waller | December 2020

The Paycheck Protection Program (the “PPP”) was passed into law by Congress as part of the CARES Act earlier this year in response to the COVID-19 pandemic. While considered a relative success at its intended goal of temporarily preserving jobs during the pendency of the pandemic, the PPP ended its initial run with tens of billions of dollars left on the table and frustrated borrowers and lenders because of opaque and frequently changing rules and regulations ...

Waller | December 2017

The federal agency now well-known as the Consumer Financial Protection Bureau was established by Congress in the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010. The CFPB is a uniquely independent agency, shielded from the executive branch in a way that other agencies are not. Doing away with that independence has the potential to significantly alter the CFPB and its regulatory work ...

Waller | September 2020

Historically, telehealth services were limited both in reimbursement and location. Most encounters took place for purposes of rural health treatment and in underserved areas as a way to get specialized treatment to patients in geographic locations where they would not otherwise have treatment options. The use of telehealth services has increased in recent years ...

Waller | May 2020

Restaurants and other establishments that serve a menu of food were allowed to open in Tennessee beginning April 27. Memphis and Nashville remain closed. We have been fielding questions about what else customers are allowed to do besides eat, including playing cornhole or ping-pong or being entertained by a live comedian ...

Waller | April 2020

The Governor’s Economic Recovery Group issued Tennessee Pledge, "a plan to help Tennesseans return to work in a safe environment, restore their livelihoods and reboot our state’s economy." Restaurants are expected to follow the guidelines in the pledge. The pledge is mandatory for limited service restaurants, as specified in Executive Order 30. Here is a copy of the Tennessee Pledge Guidelines for Restaurants This is our summary of the guidelines for re-opening: 1 ...

Waller | November 2021

After convening for a special legislative session to address COVID-19 countermeasures, the Tennessee General Assembly passed sweeping legislation in the early hours of Saturday morning that limits the authority of public schools, local health departments, government entities, and private businesses to implement COVID-19 related restrictions ...

Waller | March 2019

Earlier this week, Tennessee Governor Bill Lee delivered his first State of the State, which included a number of proposals that could impact healthcare in Tennessee: Healthcare Modernization Task Force–Gov ...

Waller | March 2020

On March 30, 2020, Tennessee Governor Bill Lee issued Executive Order No. 21, an order amending Executive Order No. 17 to further mitigate the spread of COVID-19 by limiting non-essential services and gatherings. The order expands the list of businesses and venues that perform close-contact personal services that are required to close to the public. The Order also amends the effective date in Executive Order No ...

Waller | April 2020

Tennessee Gov. Bill Lee extended the executive order allowing drive-through, carryout and delivery of beer, wine and spirits for restaurants. Read Executive Order 30 here. Restaurants, limited-service restaurants and wine-only restaurants can continue to sell carryout and deliver alcoholic beverages and beer. There is no additional license or permission needed to deliver. We urge folks to keep hustling during these difficult times and checkLast Callfor updates ...

Waller | December 2020

Tennessee Gov. Bill Lee has extended the executive order allowing carryout and delivery of beer, wine and spirits for restaurants. Restaurants, limited-service restaurants and wine-only restaurants can continue to sell carryout and deliver alcoholic beverages and beer. There is no additional license or permission needed to deliver. Lee extended the privilege through to 11:59 pm February 27, which brings welcome certainty to an industry battered by the pandemic ...

Waller | June 2020

Tennessee Gov. Bill Lee has extended the executive order allowing drive-through, carryout and delivery of beer, wine and spirits for restaurants. Read Executive Order 50 here. Restaurants, limited-service restaurants and wine-only restaurants can continue to sell carryout and deliver alcoholic beverages and beer. There is no additional license or permission needed to deliver ...

Waller | August 2020

Tennessee Governor Bill Lee has signed into law the Tennessee COVID-19 Recovery Act which provides liability protection from claims related to the COVID-19 pandemic. The Waller Government Relations team worked closely with the Tennessee Chamber of Commerce and Industry and various stakeholders in recent months to achieve passage of the Tennessee COVID-19 Recovery Act ...

Waller | March 2018

Tennessee has become one of the first states in the country to approve the use of “smart contracts,” which are made through the use of blockchain technology. In essence, the law gives blockchain contracts and electronic signatures submitted through blockchain as having equal standing to more traditional forms of contracts ...

Waller | January 2021

As part of the new omnibus stimulus bill, Congress passed, and President Trump signed into law, the “Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act” (the “Act”) which makes substantial changes to the popular Paycheck Protection Program ...

Waller | January 2022

Today, the Supreme Court issued decisions in the COVID mandate cases that have had employers across the country on the edge of their seats. In aper curiam6-3 decision, the Court stayed the OSHA Emergency Temporary Standard that required all employers with 100 or more employees to require COVID vaccination or weekly testing ...

Waller | November 2017

Strategic partnerships between investor-owned companies and nonprofit hospitals or health systems are an unmistakable trend in the health care industry today. Such strategic partnerships can consist of a myriad of structures and variations thereof. The most common transaction structures include affiliations, management arrangements, joint operating arrangements, joint ventures, asset leases, and asset sales/acquisitions ...

Waller | June 2018

It goes without saying that a lender must work to maximize its recovery when a borrower is in default and has no reasonably realistic or meaningful way to cure the default. This scenario far too often forces a lender to determine the most efficient and effective method to sell its collateral ...

Waller | April 2016

On April 27, 2016, Waller hosted the Middle Tennessee InfraGard Members Alliance’s Incident Response Briefing. The presenters highlighted increasing cybersecurity risks and the need for a proactive, coordinated approach to limit the impact of cybersecurity compromises. InfraGard is a partnership between the FBI and the private sector dedicated to sharing information and intelligence to prevent hostile acts against the United States ...

Waller | March 2020

More and more states, counties and municipalities are issuing “stay-at-home” orders or directives recommending, and sometimes requiring: non-essential travel be limited; non-essential businesses temporarily close; or people generally remain at home ...

Waller | August 2017

Bunge argues that the section 7805(b) limitation on retroactive regulations was meant to apply to all regulations issued after July 30, 1996, regardless of when the underlying statute was enacted. A. Retroactive Treasury Regulations Generally Many legal systems discourage or disallow retroactive laws in various contexts.1 The U.S ...

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