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Search OptionsInsightsIndiana Announces the Small Business Restart Fund
On May 29, 2020, Governor Holcomb announced the Small Business Restart Fund (“Grant”) which takes $30,000,000 in federal funding made available through the CARES Act and creates grants for Indiana small businesses. In order to qualify for the Grant,… 
DOL Finalizes Rule Providing Alternative Safe Harbor Method for Electronic Disclosure by ERISA Retirement Plans
On May 21, 2020, the Department of Labor (DOL) published its final rule establishing an alternative safe harbor method of delivery of electronic disclosures by retirement plan administrators. The Alternative Safe Harbor allows employers to post… New Interim Final Rules Provide Further Guidance on PPP Forgiveness
Late in the evening on May 22, 2020, the SBA and Treasury released two new interim final rules (“New IFRs”) for the Paycheck Protection Program (“PPP”) that provide clarity on loan forgiveness and the loan review process and responsibilities. In… 
OSHA's Revised Enforcement Guidance When a Work-Relatedness Determination is Required
The Department of Labor (DOL) is continuously updating its guidance for handling COVID-19. One of the most recent updates came from the DOL’s Occupational Safety and Health Administration (OSHA), which recently revised its enforcement policies for… 
Exceptions to Indiana's Open Door Law and Access to Public Records Act Extended Until June 13, 2020
On March 23, 2020, Governor Holcomb issued Executive Order 20-09 (“Order 20-09”), further easing statutory requirements concerning Indiana’s Open Door Law (“ODL”) and Access to Public Records Act (“APRA”) in response to the COVID-19 pandemic. For… 
Protect Yourself from Anti-Kickback Statute Liability When Donating PPE
The HHS Office of Inspector General (“OIG”) recently updated its COVID-19 FAQ page to clarify its view of donated Personal Protective Equipment (“PPE”) during the COVID-19 public health emergency. Specifically, the OIG clarified that donations to… 
COVID-19 and ESOP Distribution Policies: Dealing with Down Times in an ESOP Company
When preparing this Alert, I recalled a presentation I did in 2008 called “Dealing with Down Times in an ESOP Company.” Well, here we are 12 years later, but the impact of the COVID-19 pandemic on many ESOP companies is even worse than the 2008… 
Thomas N. Hutchinson Named to Meritas US Leadership Committee
Krieg DeVault is pleased to announce that Thomas N. Hutchinson was recently named to the Meritas US Leadership Committee. The US Leadership Committee, working in conjunction with Meritas' US Regional Director, is charged with developing an… 
SBA Forgiveness Application
On Friday, May 15, 2020, the SBA published the Paycheck Protection Program Loan Forgiveness Application (“Application”) and Instructions. To access the Application and instructions please click here. The Application provides much needed guidance on… 
CFPB Provides Flexibility to Financial Institutions When Dealing with Billing Errors, Payment Rules and Deposit Accounts Terms Related to the COVID-19 Pandemic
On May 13, 2020 the Consumer Financial Protection Bureau (the “Bureau”) released a Statement on Supervisory Practices Regarding Regulation Z (the “Statement”) and two FAQs regarding the Bureau’s Payment and Deposits Rule (the “Payments and Deposits… 
Indiana Imposes Requirements on Physician Noncompete Provisions
The Indiana Legislature passed House Bill 1004 which Indiana’s Governor signed into law on March 18, 2020. Section 8 of the Bill creates new law affecting physician noncompete agreements and physician separations and goes into effect on July 1,… 
Force Majeure Considerations for Commercial Leases in Indiana
The concept of force majeure has garnered significant attention due to the social and economic impact of the novel Coronavirus (“COVID-19”) resulting in a reduction of operations or closure of businesses, factories, stores and restaurants across the… 
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