Journal

On May 21, the Georgia Supreme Court will begin issuing orders to reinstate filing deadlines that were previously tolled by Chief Justice Melton’s March 14th Order.  If you have a case in front of the Georgia Supreme Court, you will want to read the notice and the forthcoming orders very carefully to ensure compliance.  If you have questions or need guidance on your appeal, please contact Elissa Haynes (link to email with GA Supreme Court Deadlines as the subject). ... Continue Reading

On April 29, 2020, the SBA and the Department of Treasury (DOT) published the additional guidance regarding the certification of “necessity” a company makes on its application for a loan under the Paycheck Protection Program (PPP) of the Cares Act. On its application, borrowers must certify in good faith that: “Current economic uncertainty makes this loan request necessary to support the ongoing operations of the Applicant.”[1] After Congress passed the Paycheck Protection Program and Health Care Enhancement Act, which, among other things, increased PPP funding by $310 billion, and following public backlash in response to certain public companies receiving large PPP loans, the SBA and ... Continue Reading

Even before the COVID-19 crisis, businesses were warming up to the benefits of remote working, or “telecommuting.” Allowing employees to telecommute can benefit the employer and the employee alike. Some of the benefits include: Lower rent and other overhead and operational costs.Broaden the geographic scope of hiring.Better work/life balance.Reduce commuting time and expense.Increase employee loyalty and morale. Many states offer incentives for employers to allow remote working. For example, Georgia employers can claim a state income tax credit of up to $1,200 per employee for eligible telework expenses, including costs for computers, computer related hardware and software, modems, ... Continue Reading

Attorneys Dan Kniffen, Megan Noble, Meredith Guerrero, and Neil Brunetz are hosting a live webinar with Qualified Staffing regarding Coronavirus and the New Workplace on April 16, 2020 from 2:00-3:00pm EDT. Topics will include: Illness & Prevention in the WorkplaceHiring and Return to Work Issues During COVID-19Paid Sick Leave under FFCRA/FMLA BenefitsWage & Hour Issues—especially in a work-from-home environmentPredictions on how the workplace will look as we come out of the pandemic Register for the webinar here. ... Continue Reading

In the first of a series of online Shell Talks, Juliana Neelbauer will be discussing her experiences managing her business through a recession and beyond.  Juliana Neelbauer is a shell alumni, and currently a senior associate attorney at Drew Eckl & Farnham. She has over 10 years of experience in industry and experience with working on startups. Join this call by clicking the link below on April 13th, at 7pm EST.  Join Zoom Call ... Continue Reading

Since the April 1, 2020 enactment of the Families First Coronavirus Response Act (“FFCRA”), employers have been awaiting guidance from the U.S. Department of Labor’s Wage and Hour Division. On April 6, 2020, the DOL issued final regulations implementing the Emergency Paid Sick Leave Act (“EPSLA”) and the Emergency Family and Medical Leave Expansion Act (“EFMLA”), which provide paid leave for qualifying reasons having to do with the COVID-19 pandemic. Highlights of the new DOL guidance include: Small Business Exemption In the new regulations, the DOL has set forth specific criterial for determining when an employer with fewer than 50 employees can deny an employee paid sick leave under ... Continue Reading

Partner Barbara Marschalk, along with an attorney from Steward Trial Lawyers and the Butler Law Firm, have developed The People vs. Coivd19, a website centered around uniting defense and plaintiffs attorneys, to gather donations from the legal community to provide meals for healthcare workers and support local businesses. The People vs. Covid19 is linked to a GoFundMe page where website visitors can make donations. Once a donation has been made, their name will be included in the list of donors scrolling at the bottom of the page. The platform has proven to be successful, as it has reached $12,000 in donations as of Wednesday, April 8th. The use of #thePeoplevsCovid19 has been encouraged to ... Continue Reading

On April 2, 2020, the Small Business Administration (SBA) issued an interim final rule (Rule) applicable to sections 1102 and 1106 of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act or the Act). As addressed in a prior Drew, Eckl & Farnham memorandum, Section 1102 of the Act temporarily adds the Paycheck Protection Program (PPP) to the U.S. Small Business Administration’s (SBA’s) 7(a) Loan Program, and Section 1106 of the Act provides for forgiveness of up to the full principal amount of loans guaranteed under the Paycheck Protection Program. The Rule outlines key provisions of SBA’s implementation of sections 1102 and 1106 of the Act and provides additional guidance ... Continue Reading

With the spread of COVID-19 to the U.S., many insurers are preparing for possible COVID-19 related first party property claims by reviewing what coverages and exclusions might be applicable to such claims.  While any claim is dependent on the specific terms of the policy issued to each insured, insurance companies should consider certain coverages and exclusions as a checklist. Partners Karen Karabinos and Eric Mull will address a coverage provision or exclusion each edition of this series. Today, we focus on a general discussion of suit limitation clauses, their treatment under Georgia law, and the impact COVID-19 will have on suit limitation clauses Under Georgia law, suit ... Continue Reading