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Waller | April 2020

Metro Nashville Mayor John Cooper announced a detailed plan for the staged reopening of restaurants, bars and music venues, as soon as May 1. The real question is: will anyone reopen their dining room on May 1st? You can read the entire Roadmap here. Initial reactions do not look good if you are in the market for a sitdown meal on May 1 ...

Waller | April 2020

With Governor Lee’s order allowing curbside and delivery of alcohol set to expire at midnight April 30, we were expecting to see an extension of these privileges in connection with new guidelines for re-opening restaurants. We have the guidelines, but no mention of alcohol delivery and curbside service. The governor could still extend these privileges, but so far, he has not. Governor Lee said the state is releasing additional guidelines next week ...

Waller | April 2020

As discussed on this blog, the Securities and Exchange Commission (SEC) has issued a number of orders providing conditional regulatory relief for certain publicly traded company filing obligations as a result of the challenges created by the spread of the coronavirus (COVID-19) ...

Waller | April 2020

On April 22, 2020, President Trump signed an Executive Order temporarily suspending the entry of certain immigrants into the United States. The Executive Order only affects foreign nationals who are currently outside the United States applying for permanent residence through the immigrant visa process at a U.S. consular post. Initially, the Executive Order will be in effect for 60 days, unless the administration determines that it should be extended ...

Waller | April 2020

Mayor Cooper has ordered Phase 1 of Metro Nashville’s Roadmap for Reopening to begin May 11. Restaurants and stores can open at half capacity starting Monday. The Roadmap is a four-phase plan to restart the city’s economy ...

Waller | April 2020

The Federal Alcohol and Tobacco Tax and Trade Bureau, fondly known as TTB, issued final rules that contain a few game-changers for the alcoholic beverage manufacturing industry. We are particularly fond of the greater flexibility offered to distilleries. Distilleries can now count the years bourbon or whisky are aged in used barrels. Previously, a whisky or bourbon could only list the number of years aged in new oak barrels ...

Waller | April 2020

The Department of Health and Human Services (HHS) has opened up another $20 billion in funds to help hospitals and healthcare providers deal with the financial impacts of treating COVID-19 patients. The new funding round was opened on April 25 and is intended to compensate providers without regard to payer mix and to provide assistance based on March and April 2020 lost revenues ...

Waller | April 2020

City officials in Shelby County, Knox County, Hamilton County, Sullivan County, and Madison County have announced their respective plans to begin a phased reopening of non-essential businesses. Davidson County previously released its Roadmap to Reopening plan on April 24. Pursuant to Governor Lee’s Executive Order 29, the remaining 89 counties in Tennessee are required to follow statewide guidelines outlined in the Tennessee Pledge ...

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 | 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 | May 2020

On April 17th, the IRS released Revenue Procedure 2020-25 to provide taxpayers guidance on implementing the changes to depreciation of qualified improvement property (QIP). As discussed in Waller’s prior blog post, the CARES Act provided a technical correction for the Tax Cuts and Jobs Act of 2017, which precluded QIP from receiving 100% bonus depreciation under even though it was previously eligible for 50% bonus depreciation ...

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 | May 2020

On May 4, 2020, the U.S. Securities and Exchange Commission (SEC) announced a temporary final rule amending certain rules that apply to securities offerings initiated under Regulation Crowdfunding between May 4, 2020 and August 31, 2020 ...

Waller | May 2020

The United States Department of Agriculture’s (USDA) Farm Service Agency (FSA) issued revised guidance to its state and county offices on making and processing loans to hemp producers. Because hemp was federally legalized under the 2018 Farm Bill, the revised guidance is part of the USDA’s overall efforts to treat hemp as it would any other agricultural commodity with respect to available programs and services typically afforded to such commodities ...

Waller | May 2020

The United States Patent and Trademark Office (USPTO) issued a news brief in connection with a further extension of the relief provided under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). The USPTO has offered patent and trademark applicants and owners an additional thirty (30) days in which to file certain documents and pay certain fees, extending the deadline set by the original notices to June 1st ...

Waller | May 2020

In light of the COVID-19 National Health Emergency, U.S. Citizenship and Immigration Services (USCIS) introduced temporary policies related to H-1B-sponsored physicians who are completing their three-year J-1 waiver service commitment requirements. The temporary policies relate to full-time work requirements and the ability of J-1 waiver-approved physicians to provide telehealth services ...

Waller | May 2020

With pandemic-related legal filings on the rise across the country, the Waller Government Relations team has worked closely with the Tennessee Chamber of Commerce and Industry to draft the Tennessee Business Recovery and Safe Harbor Act ...

Waller | May 2020

Waller has created this FAQ to assist employers prepare to reopen their doors and return to “normal” operations. It is critical that businesses develop a reopening plan and communicate new expectations before employees return. There are many issues for businesses to consider when making a plan to reopen. Included below in FAQ format are questions/recommendations to consider in formulating a reopening plan that makes sense for your business ...

Waller | May 2020

According to several sources, we understand that the SEC is reportedly investigating public companies that received funds under the Paycheck Protection Program (PPP). Established under the CARES Act in response to the coronavirus (COVID-19) pandemic, the PPP provided funding to eligible companies for payroll and other eligible costs, but the SEC is now reportedly investigating some of those very recipients and using their public disclosures to assess eligibility and need ...

Waller | May 2020

As the nation’s healthcare industry grapples with the impact of the first wave of COVID-19, many hospitals are facing fiscal pressure. This is particularly true for providers who fall into the following categories: Providers who are or were partially overwhelmed with COVID-19 patients, experienced shortages of PPE and significant staff stress, all of which tested systems and leadership like never before ...

Waller | May 2020

Hospitals and health systems are on the frontlines fighting the COVID-19 pandemic. But, behind the scenes, they are grappling to sustain operations and finances significantly impacted by the state of the economy. In the latest version of our PointbyPoint podcast, Waller’s Ken Marlow and Eb LeMaster, managing director at Ponder, discuss the various factors impacting hospitals and health systems today ...

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 | June 2020

On June 5, President Trump signed the Paycheck Protection Program Flexibility Act of 2020 (the “Act”) into law, providing several important modifications to the Paycheck Protection Program (“PPP”) that PPP borrowers should know about ...

Waller | June 2020

On the heels of growing pressure and mounting criticism from Congress and labor unions that the Occupational Safety and Health Administration (OSHA) was not doing enough to protect workers, OSHA issued new guidance expanding employers’ reporting requirements related to COVID illnesses ...

Waller | June 2020

The US Department of Health and Human Services (HHS) has announced how dentists who bill Medicaid can now access a $15 billion Provider Relief Fund allocated by the CARES Act to cover COVID-related expenses and losses ...

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