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June 5, 2020 On June 3, 2020, Congress passed the Paycheck Protection Program Flexibility Act of 2020 (the “PPP Flexibility Act”) which modifies certain provisions of the Paycheck Protection Program implemented by the Coronavirus Aid Relief and Economic Security Act. The President signed the Paycheck Protection Program Flexibility Act of 2020 into law on June 5, 2020. The amendments include:  Extension of Maturity Date  Paycheck Protection Program Loans (a “PPP Loan”) made on or after the dat ...

Connecticut Federal Court rules in favor of Governor Lamont and the City of New Haven in lawsuit seeking to enjoin COVID-19 related Executive Orders On May 19, 2020, U.S. District Court Judge Michael Shea denied the plaintiffs’, Michael Amato and Joy Monsanto, temporary injunction seeking to stay “the enforcement of: (1) Mayor Elicker’s ten-person order, (2) all of Governor Ned Lamont’s executive orders banning non-essential gatherings of people, and (3) Governor Lamont’s executive order comman ...

On May 13, 2020, Governor Ned Lamont entered Executive Order 7NN related to various matters, including the manner in which nonstock corporations may hold regular or annual meetings of their members.  A nonstock corporation is one that does not issue capital stock or shares and is nonprofit, meaning that it cannot make distributions to its members, directors, or officers.  Executive Order 7NN adds a new subsection (e) to Connecticut General Statutes § 33-1061, which previously required nonstock ...

Christopher L. Brigham has been elected to serve a three-year term as a member of the Board of Directors of MERITAS™.  MERITAS™ is a business alliance of more than 7,000 lawyers in 175 independent member firms in 80 countries around the globe that are dedicated to providing business clients access to sophisticated legal advice and exceptional service.  Its purpose is to create closer integration among its members to better serve business clients with worldwide legal needs. Each independent membe ...

May 26, 2020  On May 22, 2020, the Department of Treasury and SBA issued Interim Final Rules describing the loan forgiveness process and lenders’ and borrowers’ responsibilities. The forgiveness feature of the Paycheck Protection Program permits borrowers that meet certain requirements to have up to one hundred percent of their Paycheck Protection Program Loan forgiven tax free. This Interim Final Rule provides additional guidance on several key areas of the Paycheck Protection Program and mirr ...

The potential for COVID-19 exposure in the workplace or elsewhere may yield litigation risks for businesses. In response, many businesses are hoping that liability waivers, hold harmless agreements and indemnification provisions will protect them from potential COVID-19 related liability claims. The question everyone wants to know is: are these agreements enforceable? Will they protect my business? As you may have guessed, the answer is - it depends.     Given the unprecedented nature of the CO ...

 Thursday - May 28, 2020 | 11:30 a.m  Please join us to discuss employee labor issues related to reopening your business. Everyone who is open for business NEEDS to listen to this information if you have even one employee. Following guidelines is NOT enough, you need to have good policies and procedures. The Program will feature discussions and an opportunity for questions and answers with Updike Kelly & Spellacy attorneys Christopher L. Brigham, Valerie M. Ferdon, Richard M. Dighello, and ...

The U.S. Department of Health and Human Services Office for Civil Rights (“OCR”) has issued several Notifications of Enforcement Discretion (“Notifications”) stating its intent not to enforce certain regulatory requirements under the Health Insurance Portability and Accountability Act, as amended by the Health Information for Economic and Clinical Health Act (“HIPAA Rules”), for the duration of the public health emergency resulting from the COVID-19 pandemic.  OCR has also issued guidance regard ...

On May 14th, the Centers for Disease Control (“CDC”) released guidance in the form of flow charts for schools, workplaces, restaurants and bars, youth programs and camps, child care programs, and mass transit systems.  These flow charts consist of basis checklists for businesses that are considering reopening during the COVID-19 pandemic.  In each of the flow charts, the CDC lists certain conditions that should be in place before the business should consider reopening.   Much of the guidance is ...

Pending Property Tax Appeals are Placed At Risk in Tax Deferral Program This UKS CLIENT ALERT identifies a significant risk for taxpayers that apply for the tax deferral program that many municipalities have implemented using a State created application form under COVID19 Executive Order 7S.  The risk is created by a WAIVER of pending tax appeals included in that form.  On April 1, 2020, Governor Lamont signed Executive Order (“EO”) No. 7S.  In addition to a number of other directives, paragra ...