Latest News

1 Apr, 2020

DOL published regulations providing guidance on paid leave under the Families First Coronavirus Response Act

2020-04-01T16:30:34-05:00April 1st, 2020|COVID Business, COVID-19|

The DOL published regulations providing guidance on paid leave under the Families First Coronavirus Response Act.  This temporary rules provides critical guidance on a number of topics related the FFCRA including conditions that a business under 50 may be excluded from the provisions of the law. Link to rules: https://www.dol.gov/sites/dolgov/files/WHD/Pandemic/FFCRA.pdf If you have questions about DOL regulations, please give Senior Counsel Attorney, Eric Tiritilli a call at 402-397-7300.

1 Apr, 2020

Judicial Response to COVID-19 – UPDATES

2020-04-01T16:24:27-05:00April 1st, 2020|COVID Court, COVID-19|

Due to the global pandemic of COVID-19, a public health emergency has been declared in the United States.  Experts say that one of the most effective ways to protect against this disease is to limit the risk of exposure.  This has prompted the “Stay at Home” movement for many Americans, but many judicial matters still need prompt attention during this time.  Varying regulations have been put into place for the [...]

1 Apr, 2020

COVID-19-Related Tax Credits for Required Paid Leave Provided by Small and Midsize Businesses FAQs

2020-04-01T16:05:56-05:00April 1st, 2020|COVID Business, COVID-19|

The IRS has issued important guidance for employers answering many questions regarding tax credits for payments made under the Families First Coronavirus Response Act.  Included in the questions and answers is specific guidance on documents employers will need to substantiate their eligibility for the credits. Link: https://www.irs.gov/newsroom/covid-19-related-tax-credits-for-required-paid-leave-provided-by-small-and-midsize-businesses-faqs If you have questions about the Families First Coronavirus Response Act, please give Senior Counsel Attorney, Eric Tiritilli a call at 402-397-7300.

1 Apr, 2020

Paycheck Protection Program Application Form

2020-04-01T14:27:10-05:00April 1st, 2020|COVID Business, COVID-19|

Click the link for the Paycheck Protection Program Application Form: https://www.sba.gov/sites/default/files/2020-03/Borrower%20Paycheck%20Protection%20Program%20Application.pdf If you have questions about the Small Business Paycheck Protection Program, please give Senior Counsel Attorney, Eric Tiritilli a call at 402-397-7300.  

1 Apr, 2020

PAYCHECK PROTECTION PROGRAM (PPP) INFORMATION SHEET: BORROWERS

2020-04-01T14:24:15-05:00April 1st, 2020|COVID Business, COVID-19|

The Paycheck Protection Program (“PPP”) authorizes up to $349 billion in forgivable loans to small businesses to pay their employees during the COVID-19 crisis. All loan terms will be the same for everyone.    The loan amounts will be forgiven as long as: The loan proceeds are used to cover payroll costs, and most mortgage interest, rent, and utility costs over the 8 week period after the loan is made; and Employee [...]

1 Apr, 2020

SMALL BUSINESS PAYCHECK PROTECTION PROGRAM

2020-04-01T13:49:10-05:00April 1st, 2020|COVID Business, COVID-19|

The Paycheck Protection Program provides small businesses with funds to pay up to 8 weeks of payroll costs including benefits. Funds can also be used to pay interest on mortgages, rent, and utilities. Fully Forgiven Funds are provided in the form of loans that will be fully forgiven when used for payroll costs, interest on mortgages, rent, and utilities (due to likely high subscription, at least 75% of the forgiven [...]

1 Apr, 2020

Gov. Ricketts Announces 11 Counties in South-Central Nebraska Now Included in State’s Directed Health Measure

2020-04-01T13:03:48-05:00April 1st, 2020|COVID Health Care, COVID-19|

LINCOLN – Today, Governor Pete Ricketts announced that the State’s sixth and seventh COVID-19 related Directed Health Measures (DHMs) include Adams, Buffalo, Clay, Dawson, Franklin, Gosper, Harlan, Kearney, Nuckolls, Phelps, and Webster counties.  They will be in effect beginning today at 10:00pm and will last until May 11th unless renewed. The quarantine measures are for individuals who are COVID-19 positive or develop fever, sudden onset of a dry cough, or sudden onset [...]

1 Apr, 2020

Gov. Ricketts Signs Executive Order Giving Flexibility to Healthcare Facilities, Announces Safety Guidelines for Nursing Homes

2020-04-01T13:01:00-05:00April 1st, 2020|COVID Health Care, COVID-19|

LINCOLN – Today, Governor Pete Ricketts announced a new executive order to give healthcare facilities greater flexibility to respond to coronavirus 2019 (COVID-19). The purpose of the order is to enable healthcare facilities to expand capacity as the need arises.  Among other changes, the Governor’s order accomplishes the following: Waives time limits for how long Critical Access Hospitals and Ambulatory Surgical Centers may keep patients. Waives the time limit on complex [...]

31 Mar, 2020

U.S. Department of Health and Human Services Guidance on applicability of HIPAA during the Coronavirus Pandemic

2020-03-31T16:08:52-05:00March 31st, 2020|COVID Health Care, COVID-19|

February 2020 Office for Civil Rights, U.S. Department of Health and Human Services BULLETIN: HIPAA Privacy and Novel Coronavirus In light of the Novel Coronavirus (2019-nCoV) outbreak, the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services (HHS) is providing this bulletin to ensure that HIPAA covered entities and their business associates are aware of the ways that patient information may be shared under the [...]

31 Mar, 2020

An Overview of the CARES Act Tax Implications

2020-03-31T10:52:27-05:00March 31st, 2020|COVID Tax, COVID-19|

The CARES Act revised, relaxed and created a number of new tax policies for businesses. While a number of these are still being clarified with respect to interpretation and implementation, they are worth looking at and being aware of. The primary focus for a number of business is the Paycheck Protection Program, but there are several others worth noting as well. There are a number of options under the Act [...]

30 Mar, 2020

CORONAVIRUS EMERGENCY LOANS – Small Business Guide and Checklist

2020-03-30T16:35:41-05:00March 30th, 2020|COVID Business, COVID-19|

The Coronavirus Aid, Relief, and Economic Security (CARES) Act allocated $350 billion to help small businesses keep workers employed amid the pandemic and economic downturn. Known as the Paycheck Protection Program, the initiative provides 100% federally guaranteed loans to small businesses. Importantly, these loans may be forgiven if borrowers maintain their payrolls during the crisis or restore their payrolls afterward. The administration soon will release more details including the list [...]

30 Mar, 2020

All Chapter 7, 11, 12, and 13 meetings of creditors scheduled after April 1, 2020 for all locations in Nebraska will be conducted by telephone until further notice

2020-03-30T16:30:32-05:00March 30th, 2020|COVID Bankruptcy, COVID-19|

In an effort to reduce the spread of Covid-19, all Chapter 7, 11, 12, and 13 meetings of creditors scheduled after April 1, 2020 for all locations in Nebraska will be conducted by telephone until further notice.  Debtors, attorneys, creditors, and others may not appear in person. Debtors, their counsel, and any creditors who wish to participate in any 341 meetings scheduled after April 1, 2020 must call the toll-free [...]

27 Mar, 2020

Families First Coronavirus Response Act COVID-19 Poster & FAQ’s

2020-03-27T13:25:10-05:00March 27th, 2020|COVID Employment, COVID-19|

Family First Coronavirus Response ACT COVID-19 Poster and Frequently Asked Questions links below. Link: https://www.dol.gov/sites/dolgov/files/WHD/posters/FFCRA_Poster_WH1422_Non-Federal.pdf FAQ's: https://www.dol.gov/agencies/whd/pandemic/ffcra-poster-questions If you have questions about the First Coronavirus Response Act, please give Senior Counsel Attorney, Eric Tiritilli a call at 402-397-7300.          

27 Mar, 2020

DOL Publishes Initial Guidance & Employee Notice Regarding Family First Coronavirus Response Act

2020-03-27T13:27:37-05:00March 27th, 2020|COVID Employment, COVID-19|

The DOL has provided a comprehensive Q&A document explaining and outlining some of the most common questions related to the Families First Coronavirus Response Act including guidance on counting employees to determine if your company meets the 500 employee threshold and the circumstances that intermittent leave under the law is available. Link: https://www.dol.gov/agencies/whd/pandemic/ffcra-questions If you have questions about the First Coronavirus Response Act, please give Senior Counsel Attorney, Eric Tiritilli [...]

26 Mar, 2020

Why Your COVID-19 Planning Should Include Durable Powers of Attorney for Health Care and Finances

2020-03-27T13:28:50-05:00March 26th, 2020|Best Practices, COVID Estate Planning, COVID-19, Farm Management, Midwest Agricultural Law|

  At LDM, we share all the concerns of every family and business as our country faces this unprecedented time in our lives. We echo the reassurance of health care experts that we can all get through this together. We add to that our commitment to continue addressing the legal concerns of existing and new clients as steadfastly as always. In the realm of legal matters, there is an important [...]

26 Mar, 2020

Hospitals turn to remote monitoring tools to free up beds – STAT

2020-03-27T13:29:50-05:00March 26th, 2020|COVID Health Care, COVID-19|

Desperate to free up beds for only the sickest Covid-19 patients, hospitals nationwide are weighing the use of new technologies to monitor patients from their homes. See the full article here: https://www.statnews.com/2020/03/25/coronavirus-hospitals-weigh-remote-patient-monitoring-tools/ If you have questions about this article, please give Partner Attorney, Denise Destache a call at 402-397-7300.

26 Mar, 2020

Judicial Response to COVID-19

2020-03-27T13:39:55-05:00March 26th, 2020|COVID Court, COVID-19|

Due to the global pandemic of COVID-19, a public health emergency has been declared in the United States.  Experts say that one of the most effective ways to protect against this disease is to limit the risk of exposure.  This has prompted the “Stay at Home” movement for many Americans, but many judicial matters still need prompt attention during this time.  Varying regulations have been put into place for the [...]

26 Mar, 2020

Preparing to Provide Paid Sick and FMLA Leave

2020-03-27T13:45:37-05:00March 26th, 2020|COVID Employment, COVID-19|

The Families First Coronavirus Response Act (“FFCRA”) has passed the Senate and signed into law by the President.  It will go into effect on April 1, 2020.  Among the measures included as part of the FFCRA are the Emergency Paid Sick Leave Act and the Emergency Family and Medical Leave Expansion Act, which are aimed at: expanding paid employee leave in connection with the coronavirus emergency; and providing employers with [...]

26 Mar, 2020

Families First Coronavirus Response Act Notice – Frequently Asked Questions

2020-03-27T16:43:59-05:00March 26th, 2020|COVID Employment, COVID-19|

Here is a link to frequently asked questions about the Families First Coronavirus Response Act Notice https://www.dol.gov/agencies/whd/pandemic/ffcra-poster-questions If you have questions about how the Families First Coronavirus Response Act will impact your business, please give Senior Counsel Attorney, Eric Tiritilli a call at 402-397-7300.

26 Mar, 2020

Gov. Ricketts Issued an Executive Order to Prevent Evictions of Nebraskans Significantly Impacted by COVID-19

2020-03-27T14:00:38-05:00March 26th, 2020|COVID Legislative, COVID-19|

Gov. Ricketts issued an executive order to prevent evictions of Nebraskans significantly impacted by COVID-19.  The order prevents the eviction of renters unable to pay rent due on or after March 13th because of the COVID-19 pandemic.  The Governor indicated that the relief is intended for those who have become ill, lost income due to job loss or wage reductions, or missed work to care for a loved one (e.g., [...]

25 Mar, 2020

COVID-19 Employers Best Practices

2020-03-27T14:01:51-05:00March 25th, 2020|COVID Employment, COVID-19|

The COVID-19 (coronavirus) has changed all our lives. Employers and employees are rightfully concerned about the COVID-19 virus and how it will affect each one of us. Employers, like you, are concerned with how to address the challenges presented by COVID-19. Meanwhile, employees are concerned with what it will mean for them. We have been carefully monitoring events and are prepared to help you navigate this unchartered territory.  We wanted [...]

25 Mar, 2020

Why Your Coronavirus (COVID-19) Planning Should Include Durable Powers of Attorney for Health Care and Finances

2020-03-27T14:02:42-05:00March 25th, 2020|COVID Estate Planning, COVID-19|

At LDM, we share all the concerns of every family and business as our country faces this unprecedented time in our lives. We echo the reassurance of health care experts that we can all get through this together. We add to that our commitment to continue addressing the legal concerns of existing and new clients as steadfastly as always. In the realm of legal matters, there is an important step [...]

25 Mar, 2020

Is it Time to Send your COVID-19 Notice? YES

2020-03-27T14:15:50-05:00March 25th, 2020|Construction Claims, Construction Contractor Advisor, Construction Delays, COVID Construction, COVID-19|

COVID-19 is hampering all aspects of our lives, and the construction industry is no exception.  As you continue to assess your construction projects, don’t forget that you likely have notice obligations to upstream contractors or the owner to let them know of potential delay and cost increase claims. Review Your Contract Your contract probably requires you to provide notice of delays to upstream contractors or the owner.  And, it likely [...]

18 Mar, 2020

Is the Coronavirus Infecting Your Construction Schedule?

2020-03-27T14:16:40-05:00March 18th, 2020|Construction Claims, Construction Contractor Advisor, Construction Contracts, Construction Damages, Construction Delays, COVID Construction, COVID-19, Delay Damages|

We are all feeling the impact of the Corona virus, either because we or someone we know has been exposed or it is causing changes to our schedules.  Have you given any thought about how the schedule on your project will be impacted? This could come in the way of a reduced labor force or scarcity of building materials.  Perhaps it’s time to look at your contract to see how [...]