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How does a PPP loan that has not yet been forgiven get handled in a mergers and acquisitions (M&A) deal? “It depends.” Most clients are familiar with this phrase from their lawyer. In most cases the vague or uncommitted response is necessitated by the uncertainty of how the facts might be judged or interpreted in a given situation. …

Yesterday, Governor DeWine signed H.B. 606 which provides civil immunity against actions for injury, death or loss stemming from exposure to COVID-19. Under this new legislation, which is retroactive to March 9, 2020 and expires of September 30, 2021, businesses are provided some immunity from actions relating to COVID-19, provided the exposure complained of was not the result of reckless, intentional, willful or wanton conduct. …

A Federal Court in Missouri refused to dismiss a class-action lawsuit brought by Missouri and Kansas businesses seeking to invoke Business Interruption coverage from their insurance carrier. Class Representative Plaintiffs, Studio 417, a hair salon, and several named restaurants filed their Complaint against …

Wickens Herzer Panza is pleased to announce that five attorneys have been named in the 27th Edition of The Best Lawyers in America©. This recognition is earned through peer nominations and reviews and is intended to capture “the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area”…

At Wickens Herzer Panza we administer a group rating program (through Trident, sponsored by NEOSC) to assist our client group members in reducing their workers’ compensation premiums.…

In the ever-changing world of Paycheck Protection Program (“PPP”) and the parameters for forgiveness, the President signed the Paycheck Protection Program Flexibility Act (“PPPFA”) June 6, 2020. The key takeaways are as follows…

Forgiveness has been one of the primary topics of discussion surrounding the Paycheck Protection Program (PPP) for weeks (especially for small businesses receiving less than $2 million in PPP funds). …

Late in the morning on Tuesday, May 13, 2020, the Small Business Administration (“SBA”) released additional guidance regarding loan forgiveness under the Paycheck Protection Program (“PPP”) that many borrowers have been waiting for. This additional guidance clarifies only one issue: good faith economic necessity and the certification each borrower executed regarding this necessity.…

There have been multiple recent efforts by various interested actors to provide potential backstops that may cover COVID-19 business interruption losses, which would affect Ohio businesses.…

In light of the COVID-19 crisis, the State of Ohio expanded employees’ opportunities to receive unemployment benefits. This, along with the additional unemployment benefits provided under recently passed federal legislation, makes unemployment a lucrative and appealing option for many employees. With the potential for businesses to reopen and/or expand services on the horizon, many employers are wondering what they should do if employees refuse to return to their positions.…