Coronavirus (COVID-19) Resource Center: Pandemic and Beyond

The Ice Miller COVID-19 Task Force is a cross-practice team organized to address the constantly evolving issues of the COVID-19 pandemic and beyond. Our focus is to provide timely and relevant information about the pandemic to help educate our clients about their risks due to COVID-19 and to assist with post-pandemic planning and rebuilding.

This Week's New Content

 
Additional resources from international, federal, state and local entities are available here. 

Ice Miller Resources

Click a topic of interest to jump to the content below.
 

• Business
• CARES Act
• Contract, Risk Management and General Litigation
• Data Security and Privacy
• Employee Benefits
• Employment
• Families First Coronavirus Response Act (FFCRA)
• Federal, State and Local Government Response
• Health Care
• Insurance
• Real Estate
• Return to Work
• Solvency and Restructuring
• Tax
• Tax Exempt / Nonprofits
• Trusts, Estates and Private Wealth

 

Business

• CDC Issues New Eviction Moratorium
• COVID-19 Property Tax Relief for Eligible Ohio Owners and Tenants
• CFPB Issues Interim Final Rule Targeting Eviction-Related Debt Collectors
• President Biden Signs New COVID Relief into Law
• The FCC’s Emergency Broadband Benefit (“EBB”) Program
• PPP Round 2 Goes Live
• PPP 2.0: What You Need to Know
• New CDC Guidance Shortens Quarantine Period
• CDC Broadens Definition of "Close Contact" for Purposes of COVID-19 Contact Tracing
• SBA Issues Guidance to Paycheck Protection Program Lenders with Procedures for Changes of Entity Ownership Transactions Involving PPP Borrowers​

For questions regarding issues surrounding the effect on your business and strategies that can help mitigate negative impacts, including the development of response plans and other business continuity considerations, contact Josh Christie.

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CARES Act

• Additional IRS Guidance for CARES Act Loans, Coronavirus-Related Distributions and Required Minimum Distributions
• IRS Releases Important Guidance Regarding Coronavirus-Related Distributions, Loans and RMD Waivers under the CARES Act
• Mortgage Servicing: CFPB Issues Guidance to Mortgage Servicers on “Right to Forbearance” Provision of CARES Act
• Paycheck Protection Program Flexibility Act of 2020
• Economic Development Administration (EDA) Recovery Assistance Through the CARES Act
• UPDATE: The USPTO Revises Its CARES Act Extension of Patent and Trademark Related Timing Deadlines
• Are You Covered Under the USPTO CARES Act Wavier For Patent and Trademark Related Timing Deadlines?
• Department of Labor Provides Further Guidance Regarding Unemployment Under the CARES Act
• FAQs Clarify Health Plan Requirements of FFCRA and CARES Act
• Understanding the CARES Act

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Contract, Risk Management and General Litigation

• Holcomb Signs COVID-19 Civil Liability Immunity into Law
• Indiana Senate Passes COVID-19 Civil Liability Immunity Bill
• Early Cases Find PREP Act May Not Shield Employers from Claims They Failed to Provide PPE and Other Precautions, But Recent HHS Advisory Opinion Suggests Otherwise
• COVID-19 Litigation Update: Contractual Defenses
• Mortgage Servicing: CFPB Issues Guidance to Mortgage Servicers on “Right to Forbearance” Provision of CARES Act
• Send Lawyers, Guns and Money—COVID-19 Related Class Actions are Hitting the Fan
• COVID-19 and Public Assistance under the Stafford Act
• CFPB: COVID-19 Leads to Flexibility from Lenders and from Regulators
• CFPB Issues Guidance to Consumers Regarding Resources to Protect Their Finances During the COVID-19 Crisis
• Does My Construction Contract's Force Majeure Clause Cover Pandemics and Quarantines

For questions regarding supply chain issues, customer disputes, force majeure clauses and general risk management issues, contact Christina Fugate, Audrey Howard, Drew Miroff and Meghann Supino.

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Data Security and Privacy

• Hackers Well-Schooled in Attacking K-12 Systems
• Unemployment Fraud Spikes with COVID-19
• Cyberattacks Against K-12 Schools On the Rise​
• Cyber-Criminals Revive W-2 Scams Ahead of Extended Tax Deadline
• New York Tightens Data Security Laws Amidst Increased Cyber-Crime Risks
• Data Security and Privacy Best Practices for Ohio Political Subdivisions
• COVID-19 and Virtual Meeting Best Practices
• Hackers at the Gates: Is Your Local Government Prepared for a Cyber-Attack?
• Be Wary of Coronavirus Scams
• Protect Your Health (And Your Data): 6 Tips for Remote Working as COVID-19 Spreads

For questions regarding data security and privacy, contact Nick Merker.

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Employee Benefits

• New Stimulus Act Provides Full COBRA Subsidies to Involuntarily Terminated Employees
• Departments Issue New Guidance on COVID-19 Coverage Rules
• Year-End Legislation Brings More Than Just COVID-19 Relief: New Changes for FSAs and Employer-Based Health Plans
• Consolidated Appropriations Act of 2021
• EEOC Issues New Guidance Addressing COVID-19 Vaccines for Employers
• IRS Modifies Language in the Safe Harbor Special Tax Notice​
• Protecting Retirement Plan Participants and Your Company’s Bottom Line When Employees Return to Work
• Additional IRS Guidance for CARES Act Loans, Coronavirus-Related Distributions and Required Minimum Distributions
• IRS Releases Important Guidance Regarding Coronavirus-Related Distributions, Loans and RMD Waivers under the CARES Act
• COVID-19 Extensions Are Not Mandatory for Governmental Plans

For questions regarding employee benefits, contact Chris Sears.

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Employment

• Telehealth and Workers’ Compensation
• Limitations on COVID-19 Vaccine Mandates in Indiana
• Stay Lifted on OSHA’s Vax/Test + Mask ETS
• Employer Considerations for Monitoring a Remote Workforce
• OSHA Issues Vax/Test+Mask ETS for Employers with 100 or more Employees
• Additional EEOC Guidance on Navigating Religious Exemption Requests
• Hit Me with Your Best Shot - Federal Contractor Vaccine Mandates
• Handling Medical and Religious Exemptions to the COVID-19 Vaccines: Employers Need to Know the Difference
• Travel Restrictions to be Lifted Against Fully Vaccinated Foreign Nationals
• The Original Anti-Vaxxer and President Biden's Vaccine Mandate
• What We Know: The Biden Administration’s Federal Vaccination Requirements
• Illinois Employers Have Limited Time To Prepare for the New Restrictive Covenant Law - It Takes Effect on 1/1/2022
• Approaching the “New Normal” in the Workplace with the Same Ol’ ADA
• OSHA Revises COVID-19 Guidance As Pandemic Rages On
• OSHA Issues Emergency Temporary Standard for Healthcare Services
• UPDATED: OSHA Issues Emergency Temporary Standard for Healthcare Services
• EEOC Issues New FAQs on COVID-19 Vaccine Incentives
• Mandatory Vaccination: Is It Worth a Shot?
• Employment-Related Impacts of the New Federal COVID-19 Relief Legislation
• EEOC Issues New Guidance Addressing COVID-19 Vaccines for Employers

For questions regarding leave and travel policies, employee communications and other employment issues, contact Tami Earnhart.

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Families First Coronavirus Response Act (FFCRA)

• FFCRA Toothache Becomes Litigation Root Canal
• Employment-Related Impacts of the New Federal COVID-19 Relief Legislation
• Revised (and Clarified) FFCRA Regulations Issued by DOL
• Federal District Court Vacates Important Provisions of DOL’s Final Rule Interpreting the FFCRA
• FAQs Clarify Health Plan Requirements of FFCRA and CARES Act
• FFCRA Small Business Exemption Creates Opportunity and Confusion for Employers
• FFCRA Documentation and Record Keeping: What Employers Need to Know
• How Does Teleworking Work Under the FFCRA?
• DOL Rolls Out FFCRA Regulations as New Leave Requirements Go Into Effect
• New Guidance from the DOL on FFCRA Leave, Including Exemptions for Small Businesses and Exclusions for Health Care Providers

For questions regarding the FFCRA, contact Tami Earnhart.

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Federal, State and Local Government Response

• Federal Court Issues Nationwide Injunction Against Contractor Vaccine Mandate
• UPDATED: Fifty-State Summary on Status of Business Reopening
• SEC Forms COVID-19 Market Monitoring Group
• General Assembly Provides Temporary and Limited Authority for Public Bodies to Hold Open Meetings Remotely
• Data Security and Privacy Best Practices for Ohio Political Subdivisions
• Short-Term Financing Options for Illinois Units of Local Government
• The Impact of COVID-19 on Environmental Enforcement
• SEC Monitoring Insider Trading and Disclosure Issues in Light of COVID-19
• To Speak or Not to Speak? Public Statements Regarding COVID-19 & Antifraud Provisions
• Broadband Considerations for Schools and Libraries Impacted by COVID-19

For questions regarding how governmental entities are responding and how your company and/or services could be utilized to assist, contact Lawren Mills.

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Health Care

• Update on CMS Vaccine Mandate
• Supreme Court Lifts Injunctions on CMS Vaccine Mandates
• Federal Agencies Issue New Guidance on Health Plan Coverage Requirements For At-Home COVID-19 Tests
• CMS Issues Vax Mandate for Health Care Employers
• OSHA Issues Emergency Temporary Standard for Healthcare Services
• IRS Issues Guidance on COBRA Subsidies Just In Time
• Round 2 of Funding Announced for COVID-19 Telehealth Program to Support Health Care Providers and Patients
• Provisions Affecting Health Care Providers in the American Rescue Plan Act of 2021
• COVID-19 Vaccine Distribution and Allocation Plans—Who, Where and How Indiana Plans to Get Hoosiers Vaccinated
• Early Cases Find PREP Act May Not Shield Employers from Claims They Failed to Provide PPE and Other Precautions, But Recent HHS Advisory Opinion Suggests Otherwise
• Who Are “Covered Persons” Under the PREP Act – Q&A
• The Public Readiness and Emergency Preparedness Act (PREP Act) (codified at 42 U.S.C. § 247d-6d)
• New Connectivity Programs Support Health Care Providers and Patients
• CMS Expands Accelerated and Advance Payments Program during COVID-19 Emergency

For questions regarding the impact to health care, contact Taryn Stone.

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Insurance

• A Glimmer of Hope in Ohio: COVID-19 and Insurance Recovery for Business Income Losses
• Why Everyone Should Tender a COVID-19 Business Interruption Claim to Their Insurers
• COVID-19 and Business Interruption Insurance

For questions regarding insurance issues, including potential business interruption coverage, contact Nick Reuhs.

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Real Estate

• IRS Again Extends Key Opportunity Zone Deadlines
• Loan Purchases: A Practical Guide to Distressed Debt Acquisition in Illinois
• Real Estate for Breakfast Podcast - Capital Markets During COVID-19
• Landlords Beware: Pandemic Alters Post-Petition Rent in Bankruptcy
• Commercial Landlords' Guide to Navigating a Tenant in Bankruptcy
• Real Estate for Breakfast Podcast - Raising Equity in a COVID-19 World
• Real Estate for Breakfast Podcast - Tenant Needs in a Post-Pandemic World
• Real Estate for Breakfast Podcast - The Return to Work During COVID-19
• Real Estate for Breakfast Podcast - COVID-19 Stimulus and Relief Packages
• Commercial Landlord-Tenant Relations in the Time of COVID-19

For questions regarding real estate, contact Matt DeLaruelle.

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Return to Work

• Employer Considerations for Monitoring a Remote Workforce
• Return to Work – Worker’s Compensation Considerations
• Protecting Retirement Plan Participants and Your Company’s Bottom Line When Employees Return to Work
• We’ve Got You Covered: Five Things Every Employer Needs to Know About Mask Policies
• Returning to Campus: Considerations for Reopening Chapter Facilities
• Unionized or Not—Don’t Overlook the NLRA When Addressing Workers Who Refuse to Work Based on COVID-19 Safety Concerns
• Responding to Employees Refusing to Return to Work​
• Guidance on Reopening
• Return to Work Guidance for Commercial Landlords
• UPDATED: Returning to Work - What Liability Do Businesses Have?
• Waivers When Employees Return to Work

Additional resources from international, federal, state and local entities regarding returning to work are available here.

For questions regarding labor and employment, contact Tami Earnhart. For questions regarding employee benefits Issues, please contact Gary Blachman. For questions regarding landlord tenant Issues, please contact Matt DeLaruelle or Steve Forry. For questions regarding third-party waivers and liability issues, please contact Christina Fugate or Drew Miroff. 

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Solvency and Restructuring

     

• COVID-19 Bankruptcy Relief Extension Act Passed, Signed
• Expanded Eligibility for Small Business Bankruptcy Relief Set to Expire This Week
• UPDATED: Bankruptcy Implications of New COVID-19 Legislation​
• Bankruptcy Implications of New COVID-19 Legislation
• Guidance for Purchasing Distressed Assets
• Landlords Beware: Pandemic Alters Post-Petition Rent in Bankruptcy
• Commercial Landlords' Guide to Navigating a Tenant in Bankruptcy
• Bankruptcy Courts Reach Conflicting Results Regarding Legality of Bankruptcy Exclusion in SBA Rules Implementing Paycheck Protection Program
• Fiduciary Duty to Insolvent / Near Insolvent Corporation
• Bankruptcy and Credits’ Rights Issues for Employers Terminating Employees

For questions regarding financial distress issues and restructuring solutions, contact Alyson Fiedler, Louis DeLucia and Dan Swetnam.

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Tax

• Important 2020 Tax Legislation That May Have Been Forgotten

For questions regarding tax implications, contact Matt Ehinger.

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Tax Exempt / Nonprofits

• UPDATED: We Take Care of Our Own: How to Provide Tax-Free Financial Assistance to Employees during COVID-19

For questions regarding the impact to tax-exempt organizations or information on creating a tax-exempt charitable Relief Fund for employees or members, contact Gina Giacone or Ryan Waggoner.

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Trusts, Estates and Private Wealth

• Advance Directives – Taking Control of Your Health During a Pandemic
• UPDATED: Advanced Estate Planning Considerations in the Time of COVID-19
• Estate Planning Fundamentals in the Time of COVID-19

For questions regarding trust and estate planning, contact Steve Latterell.

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Task Force

Joshua L. Christie, Partner joshua.christie@icemiller.com

Tami A. Earnhart, Partner tami.earnhart@icemiller.com

Christina Fugate, Partner christina.fugate@icemiller.com

If you have questions or need any other information or if a situation arises and you need advice, please contact:
 

• Business / Finance Considerations Issues
  • For questions regarding issues surrounding the effect on your business and strategies that can help mitigate negative impacts, including the development of response plans and other business continuity considerations, contact Josh Christie.
• Contract, Risk Management and General Litigation Issues
  • For questions regarding supply chain issues, customer disputes, force majeure clauses and general risk management issues, contact Christina Fugate, Audrey Howard, Drew Miroff and Meghann Supino.
• Data Security and Privacy Issues
  • For questions regarding data security and privacy, contact Nick Merker.
• Employee Benefits Issues
  • For questions regarding employee benefits, contact Chris Sears.
• Employment Issues
  • For questions regarding leave and travel policies, employee communications and other employment issues, contact Tami Earnhart.
• Federal, State and Local Government Response Issues
  • For questions regarding how governmental entities are responding and how your company and/or services could be utilized to assist, contact Lawren Mills.
• Health Care Issues
  • For questions regarding the impact to health care, contact Taryn Stone.
• Insurance Issues
  • For questions regarding insurance issues, including potential business interruption coverage, contact Nick Reuhs.
• Real Estate Issues
  • For questions regarding real estate, contact Matt DeLaruelle.
• Solvency and Restructuring Issues
  • For questions regarding financial distress issues and restructuring solutions, contact Alyson Fiedler, Louis DeLucia and Dan Swetnam.
• Tax
  • For questions regarding tax implications, contact Matt Ehinger.
• Tax Exempt / Nonprofits
  • For questions regarding the impact to tax-exempt organizations or information on creating a tax-exempt charitable Relief Fund for employees or members, contact Gina Giacone or Ryan Waggoner.

Disclaimer: Our website provides general information and should not be construed as legal advice to anyone under any circumstances.