Invoking or Defending Against Force Majeure: How Long Will COVID Excuse Non-performance?

By: BrownWinick | 06.18.2020

  Though COVID-19 remains an active threat across the nation, many communities have confronted the delicate task of reopening amidst the health crisis. As the nation emerges from hibernation, businesses have asked—how much longer can parties to a contract invoke force majeure as a result of the pandemic to excuse its performance of the contract? Read…

SBA Reopens Economic Injury Disaster Loan Program to All Eligible Small Businesses and Non-Profits Impacted by COVID-19

By: BrownWinick | 06.17.2020

  The U.S. Small Business Administration (SBA) has reopened its Economic Injury Disaster Loan Program (EIDL) to eligible small businesses and non-profits in all U.S. states and territories. This program provides loans at low interest rates and other forms of assistance to eligible organizations navigating the economic impact of COVID. EIDL loans may be used Read…

USPTO Announces COVID-19 Prioritized Examination Program for Certain Trademark/Service Mark Applications

By: David Breiner | 06.16.2020

  The United States Patent and Trademark Office (USPTO) recently announced a new COVID-19 prioritized examination program for certain trademark and/or service mark applications.  To qualify, the applications must cover a product that is subject to U.S. Food and Drug Administration (FDA) approval for use in the prevention and/or treatment of COVID-19 or a medical Read…

IRS Expands Relief for Qualified Opportunity Zones Due to COVID-19

By: Maggie Simonson |

  Qualified Opportunity Funds (“QOF”) were created in 2018 as a new investment vehicle to provide preferential income tax treatment for private investment in certain distressed communities designated as Qualified Opportunity Zones (“QOZ”). Provided the requirements are met, reinvesting proceeds from certain capital gains into QOFs and QOZ businesses offers taxpayers the following tax incentives: Read…

COVID-19 Back-to-Business Limited Liability Act Awaits Governor’s Signature

By: Tess Pocock |

  Last week, the Iowa General Assembly passed Senate File 2338. The legislation includes the COVID-19 Response and Back-to-Business Limited Liability Act. The Act, which applies retroactively to January 1, 2020, provides liability protection from civil actions relating to COVID-19 exposure to certain “premises,” including real property serving a commercial, residential, educational, religious, governmental, cultural, Read…

Updated Guidance and FAQs for Phased Easing of Restrictions for Iowa Long-Term Care Facilities Released

By: Amy Howells | 06.15.2020

  The Iowa Department of Public Health (IDPH) and Iowa Department of Inspections and Appeals (DIA) has updated the Iowa Guidance on Phased Easing of Restrictions for Long-Term Care Facilities (Guidelines). They have also issued an accompanying FAQ document which clarifies the guidance as it applies to long-term care facilities, and answers some questions related Read…

Guidelines Issued for the Phased Easing of Restrictions for Iowa’s Long-Term Care Facilities

By: Amy Howells | 06.10.2020

  The Iowa Department of Public Health (IDPH) and the Iowa Department of Inspections and Appeals (DIA) began implementing guidance from the Centers for Medicare and Medicaid Services (CMS) for the phased reopening of Iowa’s long-term care facilities on March 13, 2020. On June 4, 2020, IDPH and IDA issued the Iowa Guidance on Phased Read…

Paycheck Protection Program Flexibility Act of 2020 Becomes Law, Easing Restrictions on Loan Forgiveness

By: Tess Pocock | 06.05.2020

  Today, President Trump signed H.R. 7010, the Paycheck Protection Program Flexibility Act of 2020 (“PPPFA”). The new law amends provisions of the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) specifically related to forgiveness of the loans under the Paycheck Protection Program (“PPP”). The legislation saw overwhelming bipartisan support, passing by a vote Read…

Revenue Estimating Conference Summary – May 29, 2020

By: Matthew McKinney | 06.04.2020

  The REC (a three member panel comprised of Dave Roederer, Holly Lyons, and David Underwood) met yesterday afternoon (5/29/20) at the request of legislative leadership and Governor Reynolds to reconsider the REC’s March 2020 revenue estimate given the impact of COVID-19 on state revenues.  A short summary of the information discussed during the meeting Read…

Paycheck Protection Program Flexibility Act

By: Amy Johnson | 05.28.2020

  The House passed a bill this afternoon that would provide businesses with greater flexibility with regard to their uses of Paycheck Protection Program (PPP) funds. The legislation — titled the Paycheck Protection Program Flexibility Act — was introduced by Republican Rep. Chip Roy of Texas and Democratic Rep. Dean Phillips of Minnesota. It is Read…