COVID-19 Insight Center

We know that you are struggling daily and trying to manage your personal lives and businesses in light of recent challenges posed by the COVID-19 pandemic. The full impact of the virus on our collective health, safety, and economic well-being are yet to be seen. We remain hopeful that our collective efforts to blunt the impact quickly prove successful.

But during all this uncertainty, we want our clients, friends, and the community to know they can count on the fiercely loyal service of Chambliss. Our commitment is that we are and will remain available to help work through any legal issues and challenges encountered.

In addition, we provide below a resource list for our clients, friends, and community. We hope these links to our client alerts, articles, and resources relating to COVID-19 legal issues will assist you as you navigate these difficult times.

We hope you remain safe and know that we are here if you need us.

If you have any specific questions or concerns, please reach out to Jim Catanzaro, Justin Furrow, or your relationship attorney.

The COVID-19 Insight Center has been reorganized by industry/topic group. Click the links below or scroll down to view:

Legal Updates/Articles

CARES Act
Paycheck Protection Program Under CARES Act
Main Street Lending Program
Employer Guidance/Paid and Sick Leave
General Business
Financial Services
Construction and Real Estate
Health Care
Intellectual Property
Nonprofits/Charitable Organizations
Tax
Estate Planning

Additional Resources

Chambliss Operations
Small Business Resources
Mental and Social Resources
Vaccine Updates
Chattanooga/Hamilton County Resources
Handwashing and Other Preventative Measures

CARES ACT – ESSENTIALS

04.10.20 CARES Act Essentials: What You Need to Know by Topic

In response to unprecedented health care demands and economic conditions caused by the COVID-19 pandemic, the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) was enacted on Friday, March 27, 2020. The Act provides more than $2 trillion in economic relief to small businesses, distressed industries, health care providers, workers, and others…

4.10.20 CARES Financial Relief for Larger and Distressed Companies

Subtitle A of Title IV of the CARES Act authorizes the Secretary of the Treasury (Secretary) to provide up to approximately $500 billion in aid to eligible businesses, states, and municipalities that suffer losses or are likely to suffer losses as a result of COVID-19...

04.10.20 CARES Financial Relief for Government Contractors

Section 3610 of the CARES Act provides broad authority to agencies to reimburse government contractors for paid leave and sick leave expended to keep their employees on staff and ready to perform during the COVID-19 pandemic...

04.10.20 CARES Relief for State and Local Governments

The CARES Act establishes a $500 billion loan program accessible by cities, states, and businesses, while also providing for more than $250 billion in direct funding to state and local governments…

04.03.20 Small Business Administration Clarifies Many CARES Act Questions

As many are preparing to submit applications for Small Business Administration (SBA) loans under the Paycheck Protection Program in the CARES Act (the “Program”), the SBA has released guidance in the form of an “Interim Final Rule.” While our analysis of the rule is continuing and will be further refined, we believe that the below important points are time-sensitive, as the application process goes live today…

03.25.20 Proposed Stimulus Bill Would Provide Critical Small Business Assistance

Early on March 25, 2020, the Administration and Senate Republican and Democrat leaders reached agreement on key terms of the proposed Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”). Senate passage is expected later today, followed later by anticipated passage by the House and then signature by the president…

07.30.21 SBA Discontinues Reliance on Loan Necessity Questionnaires

On July 29, 2021, the Department of the Treasury published updates to its Paycheck Protection Program FAQs. The updates come in response to the Small Business Administration’s (SBA) decision to discontinue the use of its Loan Necessity Questionnaires (SBA Forms 3509 and 3510)...

04.14.21 Developing Your Strategic Response to COVID-related Government Audits

If you have received COVID-related financial support from the government, you may soon find yourself under the government’s microscope...

01.08.21 What You Need to Know About Latest Paycheck Protection Program Regulations and Second Draw Loans

As we have reported, the stimulus bill passed by Congress and signed by President Trump late last year enacted major changes to the popular Paycheck Protection Program. And this week, consistent with that law’s 10-day deadline, the Small Business Administration (SBA) issued new regulations...

12.22.20 More Help Is On The Way—Congress Passes Another Stimulus Round

Last night (Dec. 21, 2020), the U.S. House of Representatives and then the U.S. Senate passed a long-debated $900 billion stimulus package as part of broader overall government funding legislation. The bill now goes to the President’s desk, and he has until December 28 to sign it into law (before the government funding lapses)...

12.11.20 Key Guidance on SBA’s Loan Necessity Questionnaire for Paycheck Protection Program Loans

The U.S. Small Business Administration issued guidance on the recently issued “Loan Necessity Questionnaire” (SBA Form 3509/3510). Lenders must require Paycheck Protection Program (PPP) borrowers to complete the Questionnaire if they received a loan of $2 million or more...

11.20.20 IRS Doubles Down: There’s No Deduction for Expenses Paid With PPP Loan Fund

The IRS previously announced that PPP loan borrowers who receive forgiveness may not take a deduction for the expenses paid with PPP loan proceeds—including wages, rent, utilities, and mortgage interest. With year-end approaching, borrowers...

10.06.20 SBA Issues Key Guidance on Change of Ownership for PPP Loan Recipients

The Small Business Administration recently issued a Procedural Notice (the Notice) containing details about the required procedure that Paycheck Protection Program borrowers must follow when engaging in a transaction that involves a change of ownership...

08.25.20 SBA Provides Relief for Some “Owner-Employees” but Limits Forgiveness of Certain Non-Payroll Costs Under the PPP

In yet another interim final rule released yesterday, the Small Business Administration (SBA) loosened limitations for calculating forgiveness for compensation of certain “owner-employees,” but limited “non-payroll” costs eligible for forgiveness...

08.12.20 SBA and Treasury Publish New PPP Guidance, Delineate Loan Forgiveness Appeal Procedures

Late on August 11, the Small Business Administration (SBA) and the Treasury Department published new, limited guidance on Paycheck Protection Program loan forgiveness: PPP FAQ updates and PPP loan forgiveness FAQ updates...

08.04.20 Finally! Initial PPP Loan FAQs Released

This afternoon, the Small Business Administration (SBA) and the Treasury Department published a set of frequently asked questions concerning forgiveness of loans under the Paycheck Protection Program (PPP)...

06.23.20 New Regulations Provide Key Forgiveness Flexibility for PPP Loan Borrowers, But Borrower Information Will Now Be Made Publicly Available

The Small Business Administration (SBA) and the Treasury Department have issued additional regulations implementing the Paycheck Protection Program Flexibility Act. Most of the adjustments are merely "clean up" changes to reflect the new 24-week covered period and "EZ" loan forgiveness application...

06.17.20 Latest Highlights for PPP Loan Forgiveness – 24-Week Covered Period, EZ Application, Owner-Employee Details, & More

The Small Business Administration (SBA) and Treasury Department have issued a new interim final rule, as well as a revised Paycheck Protection Program (PPP) loan forgiveness application and instructions, and an “EZ” loan forgiveness application...

06.11.20 SBA and Treasury Issue Initial Regulations Implementing PPP Flexibility Act

Late on June 10, 2020, the Small Business Administration (SBA) and Treasury Department issued the 17th “interim final rule,” providing the initial regulations to implement the Paycheck Protection Program Flexibility Act (Flexibility Act), which became law last week...

06.05.20 President Signs Paycheck Protection Flexibility Act

On June 5, 2020, President Trump signed the Paycheck Protection Program Flexibility Act of 2020 into law. There are important considerations in determining whether...

05.23.20 Long-Awaited PPP Loan Forgiveness Guidance Finally Released

As has become a theme, late Friday night, the Small Business Administration (SBA) and the Treasury Department issued two sets of guidance relative to forgiveness of the Paycheck Protection Program (PPP) loan proceeds...

05.16.20 SBA Releases Loan Forgiveness Application - Key Development for PPP Borrowers

Late Friday night, the Small Business Administration (SBA) released its first phase of long-awaited guidance to assist borrowers and lenders with calculating and applying for the forgiveness of loans issued by the SBA under the Paycheck Protection Program (PPP)...

05.14.20 Treasury Issues Interim Final Rule on Paycheck Protection Program Loan Increases

On May 13, 2020, the Treasury Department issued an interim final rule that provides guidance on increases to certain Paycheck Protection Program (PPP) loans issued by the Small Business Administration (SBA) to partnerships and seasonal employers. The interim final rule supplements...

05.13.20 Treasury Provides New Safe Harbor for Recipients of PPP Loans Less than $2 Million

On May 13, 2020, the Treasury Department issued much-needed guidance for borrowers still considering whether they should return loan funds received under the Paycheck Protection Program (PPP). In recent FAQs, the Department raised concerns for borrowers by challenging whether they had in good faith...

04.22.20 More Help on the Way for Small Businesses

Most are aware that the $349 billion in the Paycheck Protection Program (PPP) funds that were originally appropriated were exhausted last week. Late on Tuesday, April 21, 2020, after much political wrangling and negotiations among Republican and Democratic congressional leaders and the Trump administration, the Senate passed legislation to increase funding for the PPP under the CARES Act...

04.15.20 SBA Interim Rule Addresses PPP Loan Eligibility for Self-Employed Individuals

Late on April 14, 2020, the Small Business Administration (SBA), responsible for administering the Paycheck Protection Program under the Coronavirus Aid, Relief and Economic Security (CARES) Act, issued an Interim Final Rule establishing criteria for “individuals with self-employment income” to obtain loans under the Paycheck Protection Program (a PPP Loan). SBA also provided important clarification about the eligibility of partnerships, limited liability companies (LLCs) taxed as partnerships, and their partners or members seeking PPP Loans...

04.10.20 Small Business Financial Relief Through the Paycheck Protection Program

The CARES Act provides $350 billion to the Paycheck Protection Program to allow the Small Business Administration (SBA) to guarantee 100% loans (with interest rates not to exceed 4%) made by local SBA preferred lenders to help eligible “small” businesses pay costs such as...

04.07.20 Treasury/SBA Issue Additional Key Guidance for Paycheck Protection Program

Late on April 6, 2020, the Department of the Treasury and the Small Business Administration (SBA) jointly issued additional guidance in the form of FAQs addressing key points under the Paycheck Protection Program (Program)...

04.04.20 SBA Clarifies Religious Organizations May Seek Paycheck Protection Loans

Late on Friday, April 3, the Small Business Administration (SBA), responsible for administering the Paycheck Protection Program under the recently enacted Coronavirus Aid, Relief, and Economic Security Act (CARES), issued interim final rules and published on its website FAQs that effectively clear the way for many religious organizations (churches and their integrated auxiliaries) to seek Paycheck Protection loans (PP Loans)…

04.01.20 Update on the Paycheck Protection Program

On March 31, 2020, the Treasury Department and Small Business Administration (SBA) released guidance for prospective borrowers and lenders under the Paycheck Protection Program (the "Program") created by the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) and issued a sample loan application...

07.09.20 Tennessee Banks and Others Participating in Fully Operational Main Street Lending Program

The Federal Reserve Bank of Boston has announced that the Main Street Lending Program (the Program) is now fully operational and ready to purchase participations in eligible loans that are submitted to the Program by registered lenders...

06.24.20 Main Street Lending Program Provides Update for Nonprofit Organizations

The Federal Reserve Board has released long-awaited term sheets for loans to nonprofit organizations under the Main Street Lending Program. There are two types of nonprofit loans — the Nonprofit Organization New Loan Facility and the Nonprofit Organization Expanded Loan Facility...

06.11.20 Main Street Lending Program Changes Loan Terms to Benefit Small Businesses

On June 8, 2020, the Federal Reserve Board (the Board) announced changes to certain primary loan terms for the Main Street Lending Program. These changes are intended to allow more small and medium-sized businesses to participate...

05.28.20 New Information on Main Street Lending Program and FAQs

The Federal Reserve has released additional information for potential lenders and borrowers on the Main Street Lending Program (the Program), including updated frequently asked questions (FAQs) and operational documents. The Program will be implemented by the Federal Reserve Bank of Boston...

05.08.20 Important New Highlights of the Main Street Lending Program

Last week, the Federal Reserve updated the terms of its Main Street Lending Program (MSLP) with its first set of guidance to expand the scope of available loan options and the pool of eligible borrowers...

04.30.20 Federal Reserve Expands Scope and Eligibility of Main Street Lending Program

On April 30, 2020, the Federal Reserve announced changes to its Main Street Lending Program that will expand the loan options available to businesses and increase the maximum size of the companies that are eligible for support under the Program...

04.09.20 Federal Reserve Makes Additional Money Available to Small and Mid-Sized Businesses

On April 9, 2020, the Federal Reserve announced the details of the Main Street Lending Program (the Program), which is a lending program authorized by the CARES Act for purposes of supporting the economy during the COVID-19 pandemic. Under the Program, up to $600 billion will be provided to eligible lenders to make qualifying loans to eligible businesses...

01.13.21 Labor and Employment Webinar: 2020 Review and 2021 Outlook

Join us for our first Labor and Employment seminar of the year! In this webinar, we will review the major developments over the last several months and comment on our team’s outlook for 2021...

01.08.21 Mandatory Paid Sick Leave Ended, but Tax Credits Continue: What Employers Need to Know

In March 2020, Congress passed the Families First Coronavirus Response Act of 2020 (FFCRA), which mandated that employers with fewer than 500 employees provide paid sick and FMLA leave to eligible employees for specified COVID-related reasons. According to its terms, the FFCRA expired on December 31, 2020...

12.16.20 Can Employers Require Employees to Get a COVID-19 Vaccine?

Today, the Equal Employment Opportunity Commission (EEOC) issued guidance addressing a question that is top of mind for employers: can they require employees to get the COVID-19 vaccination?

09.01.20 Department of Labor Narrows Health Care Provider Exemption to FFCRA Paid Leave Entitlement

The Department of Labor (DOL) published regulatory guidance relating to employee paid leave entitlements under the Families First Coronavirus Response Act (FFCRA). The guidance predominantly further responds to a legal challenge to the regulations by providing greater explanations for certain regulatory provisions, while leaving the underlying requirements unchanged. But the new regulations are significant insofar as they significantly narrow the definition of who is a “health care provider” that may be excluded from the FFCRA’s paid leave entitlement...

08.28.20 Just in Time! DOL Answers School Leave Questions

Late yesterday, the Department of Labor once again updated its frequently asked questions concerning leave under the Families First Coronavirus Response Act. This time, the updates answer the burning questions that parents (and their employers) have concerning hybrid school attendance, remote learning, and an employee’s eligibility to take paid leave under the FFCRA...

05.11.20 DOL Updates to COVID-19 FMLA Related FAQs

The Department of Labor (DOL) has once again updated its frequently asked questions to clarify certain employee rights and employer obligations under the Families First Coronavirus Response Act (the Act). Here are the highlights of the new guidance...

04.03.20 Updated DOL FAQs Related to Employer Obligations and Employee Rights under the FFCRA

The Department of Labor (DOL) has once again updated its frequently asked questions to clarify questions related to employee rights and employer obligations under the Families First Coronavirus Response Act (the Act). Some of the new Q&As repeat DOL’s regulatory guidance that we recently reported. Here are the highlights of the new guidance…

04.01.20 DOL Provides Regulatory Guidance Via Temporary Rule

On April 1, 2020,—the very day the paid leave requirements in the Families First Coronavirus Response Act became effective—the Department of Labor (DOL) provided much-anticipated regulatory guidance...

03.31.20 Important Additional Guidance from DOL for Leave Effective April 1

The Department of Labor (DOL) continues to provide guidance concerning an employer's obligations under the Families First Coronavirus Response Act (the Act). Key issues have now been addressed, significantly including the definitions of "health care provider" and "emergency responder" for purposes of leave exclusion, as well as the elements that must be met for a "small business" exemption to the Act...

03.30.20 DOL Continues to Answer Key Questions on the New Paid Leave Requirements

Employers have continued to struggle with questions over how to implement the paid sick leave and paid expanded FMLA requirements of the Families First Coronavirus Response Act (FFCRA), which becomes effective April 1. Although formal regulations have yet to be published, the Department of Labor has updated its guidance to answer some additional critical questions...

03.25.20 Department of Labor Issues First Guidance Clarifying Families First Coronavirus Response Act, Provides Model Notice

Late yesterday (March 24, 2020), the Department of Labor issued the first of its anticipated guidance concerning the paid leave obligations in the newly enacted Families First Coronavirus Response Act. While the guidance largely summarizes what we already knew about the new law, it does provide some important clarifications…

03.20.20 TN Governor Issues Executive Order Addressing Unemployment Compensation; TN Dept. of Labor Updates Unemployment Information

On March 19, 2020, Tennessee Gov. Bill Lee issued an Executive Order addressing a wide variety of topics. As to unemployment compensation, the governor suspended certain statutory provisions…

03.18.20 The Details Employers Need to Know About the Families First Coronavirus Response Act

The newly enacted Families First Coronavirus Response Act fundamentally amends the Family and Medical Leave Act and also enacts the Emergency Paid Sick Leave Act. The basic result of these two new laws is to provide employees with paid leave for purposes related to the COVID-19 pandemic...

03.18.20 Update from the U.S. Equal Employment Opportunity Commission

What You Should Know About the ADA, the Rehabilitation Act, and COVID-19 / Updated on March 18…

03.17.20 House Significantly Changes Paid Leave Legislation Through “Technical Corrections”

Last night, the House approved the corrected version, which includes significant, substantive amendments from the version on which we reported earlier this week, as follows…

03.15 .20 Coronavirus Legislation Would Require Employers to Provide Paid Leave

In an attempt to address the effect of the COVID-19 pandemic on the nation’s workforce, the US House of Representatives passed legislation over the weekend addressing the COVID-19 pandemic. This legislation, which the Senate is expected to consider this week, has two key employment law impacts. Chambliss is monitoring the progress of this legislation and will provide further updates based on changes, if any, resulting from the Senate’s review. The proposed legislation is not final as of today…

01.06.21 Risk of Preference Action Lowered for Commercial Landlords and Suppliers Facing COVID-19 Collection Challenges

The new COVID-19 relief act includes an important but temporary change to bankruptcy preference actions. The change should allow commercial landlords and suppliers of struggling businesses to arrange for payment of past due rent or invoices in arrears for goods or services provided...

08.13.20 New COVID-19 Liability Protections on the Way for Tennessee Businesses

Yesterday, the Tennessee Senate and House each passed the Tennessee COVID-19 Recovery Act, which now heads to Gov. Lee’s desk for signature. The Act provides Tennessee businesses, nonprofit organizations, schools, health care providers, and other individuals and entities with significant protections against claims related to COVID-19...

07.17.20 Return to Work Summit Interviews Jim Exum on Businesses Reopening

Office Furniture Warehouse, LLC recently hosted the “Return to Work Summit,” a series of videos exploring perspectives to strategize a safe return to work. Jim Exum was featured in Part 2 of the Return to Work Summit...

05.19.20 COVID-19 Safe Harbor Bill Fails to Clear Tennessee Legislature

For the past several weeks, the Tennessee Legislature has extensively discussed and debated the Tennessee Recovery and Safe Harbor Act. This Act would protect Tennessee businesses, schools, churches, health care providers, and other entities from certain lawsuits...

05.26.20 The Balance Between Risk Management and Client Relations

As businesses fight through the tough times created by the pandemic and government restrictions that impact their operations, it is imperative to be mindful of the situation your customers face, especially if you extend credit. This extension of credit can be as simple as shipping goods or providing services...

05.11.20 Practical Tips to Engaging in M&A Transactions in a COVID-19 World

Navigating M&A transactions can be a challenge in the best of times. Unfortunately, it would be difficult to call this the “best of times” from a business perspective given the current COVID-19 pandemic. Businesses are currently facing a myriad of challenges...

04.22.20 Insurance Claims for COVID-19 Business Interruption – Make Your Best Case

You probably anticipated that your business insurance would provide some relief for the impacts of COVID-19, since it likely included coverage for general risk, business interruption, contingent business loss, or civil authority actions. However, when confronted with a novel event like the one we are experiencing now, your insurance providers may be construing these policies to deny coverage to you...

04.13.20 Protecting Your Business from Liability for COVID-19 Transmission

As businesses continue to evaluate current operations and how they will modify them as shelter-in-place orders are lifted and employees and customers return, it is important for each business to anticipate potential COVID-19 related claims. Businesses can and should take active steps to mitigate these claims and protect against potential liability. Organizations, including for-profits and nonprofits, should consider two distinct but equally important areas of inquiry…

04.09.20 Proactive Steps for Businesses with Potential COVID-19 Losses

Regardless of size or type, it’s important for businesses to consider having insurance policies reviewed for potential COVID-19 claims. Hopefully the insurance your business carries may provide some relief for the impacts of COVID-19…

04.06.20 Steve Barham and Jeffrey Maddux Featured in “CARES Act Means Bankruptcy Changes”

The Hamilton County Herald published “CARES Act Means Bankruptcy Changes,” an article discussing the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) and the two bankruptcy codes that may impact both businesses and individuals...

03.26.20 Proposed Stimulus Bill Includes Significant Changes to the Bankruptcy Code

The CARES Act passed by the Senate and expected to pass the House in response to the COVID-19 pandemic includes two significant changes to the bankruptcy code that may impact many businesses and individuals...

03.20.20 Tennessee Small Businesses Now Eligible for SBA Economic Injury Disaster Loans for COVID-19 Economic Disruptions

Small Business Administration economic injury disaster loans are now available in Tennessee. The SBA today accepted Gov. Bill Lee’s certification that Tennessee small businesses are facing substantial economic harm from the COVID-19 pandemic…

03.12.20 You Thought It Was Merely “Boilerplate” — the Coronavirus and the Importance of Force Majeure Clauses

With the international spread of the coronavirus and the impact it is having on the supply chains, production, transport, and workforce of commercial entities, as well as the limitations posed for service providers of all kinds, businesses should understand the importance of force majeure provisions applicable to their contracts...

04.10.20 NCUA Provides Guidance to Federal Credit Unions to Navigate Through the Pandemic

These are unique times for credit unions along with many other businesses. In addition to being responsive to concerns from members about mortgages, car loans, and other debts they owe the credit union, the credit union has regulatory issues and concerns of its own. The NCUA recognizes that credit unions are facing unprecedented and challenging situations…

04.10.20 Federal Reserve Interim Rule Regarding Bank Capital Requirements

On April 9, 2020, the Federal Reserve Board issued an immediately effective, interim final rule updating banking regulations to neutralize the regulatory capital effects of participating in the Paycheck Protection Program Lending Facility (PPPL Facility). The goal of the new rule is to ease concerns held by many banks…

01.06.21 What Landlords and Tenants Can Expect From Congress’ Extended Eviction Moratorium and Emergency Rental Assistance Fund

In the latest COVID-19 relief act, Congress extended the Centers for Disease Control and Prevention (CDC) imposed eviction moratorium through January 31, 2021, and established a $25 billion fund to assist those who have missed rent or utility payments due to the pandemic...

11.20.20 Residential Landlords Should Prepare Now for 2021 Return of Evictions

For much of 2020, residential landlords have had little leverage to collect rent payments.

Between the Tennessee Supreme Court instructing Sessions Courts to suspend eviction hearings and the CDC regulations making it difficult to remove tenants that aren’t paying...

09.02.20 Residential Evictions on Hold Through Year End Following the CDC’s New Agency Order

Under instructions from President Trump, the Centers for Disease Control and Prevention (CDC) has released an agency order that will substantially prohibit residential landlords from evicting tenants through the remaining months of 2020 in an effort to limit the spread of COVID-19...

08.07.20 Creative Solutions for Paying Rent During COVID-19 Published in EDGE Magazine

Josh Crowfoot and Andy Leffler recently authored “Creative Solutions for Paying Rent During COVID-19” in in EDGE Magazine. In the sponsored article, they discuss creative solutions commercial landlords and tenants have used to address paying rent during the coronavirus pandemic...

08.05.20 Insights for New and Emerging Businesses Leasing in the Pandemic

If you are a new or emerging business owner beginning the process of finding a suitable property to lease, it is important to be critical of the lease provided by the landlord. You should also attempt to negotiate each provision of the contract to ensure that the lease works practically and with the intended goal of your business...

07.15.20 How Commercial Landlords and Tenants Survive the Pandemic

Are you a commercial landlord or commercial tenant thinking, “How can I keep moving forward to survive this pandemic?” This article shares two important steps. First, assess the current business climate where your property is located. Second, determine the leverage you have to restructure the existing lease. This article is part of our series “Legal Considerations for Commercial Leases in the Reopening States,” which covers Georgia, Tennessee, and South Carolina...

07.13.20 Legal Considerations for Commercial Leases in the Reopening States (Georgia, Tennessee, and South Carolina)

As Tennessee, Georgia, and South Carolina start reopening their economies, landlords and tenants know their state government’s mandate to shut down non-essential businesses will not continue. Attorneys have written much about the possible legal effects these government mandates may have on contractual obligations contained in commercial leases between landlords and tenants...

04.02.20 Key Takeaways for Real Estate in the CARES Act

This article provides a concise summary of the newly enacted Coronavirus Aid, Relief, and Economic Security Act (CARES Act) as it relates to foreclosure relief for homeowners and owners of multifamily real estate as well as protection for tenants residing in such properties...

03.27.20 Tim Gibbons Joins AGC of East TN for Webinar on Force Majeure Contract Provisions

Tim Gibbons, chair of Chambliss’ construction group, will join members from the local Associated General Contractors (AGC) of East Tennessee chapter on a live webinar to discuss contract considerations for construction companies and associated businesses related to the COVID-19 outbreak...

09.30.21 PRF Phase 4 and ARP Rural Distribution Application Now Open

The Provider Relief Fund (PRF) Application and Attestation Portal is now open for Phase 4 and American Rescue Plan (ARP) Rural Distribution applications...

09.14.21 HHS Announces 60-Day Grace Period for PRF Reporting and $25.5 Billion in COVID-19 Provider Funding

On Friday, September 10, 2021, the Department of Health and Human Services (HHS) announced several developments related to the Provider Relief Fund (PRF)...

07.26.21 Georgia Legislative Update — Telehealth and Other Health Care Developments

During the recently concluded 2021 legislative session, the Georgia General Assembly passed a number of health care-related bills that will affect providers across the state...

07.26.21 HHS and Other Agencies Issue Interim Final Rule on Surprise Billing

Earlier this month, the U.S. Department of Health and Human Services, Department of Labor, Department of the Treasury, and the Office of Personnel Management issued an interim final rule with a comment period on the issues of patient surprise billing and high patient cost-sharing for health care items and services (the Rule)...

07.02.21 Now Open: Provider Relief Fund Portal for Reporting

On July 1, 2021, the U.S. Department of Health and Human Services (HHS) opened its Provider Relief Fund Reporting Portal through the Health Resources and Services Administration (HRSA)...

07.01.21 Health Care Providers Must Comply With OSHA’s Emergency Temporary Standards by July 5

On June 10, 2021, the Occupational Safety and Health Administration (OSHA) issued its long-awaited COVID-19 Emergency Temporary Standard (ETS)...

06.14.21 Initial PRF Reporting Deadline Extended to September 30; Other New Deadlines Provided

On Friday, June 11, 2021, the Department of Health and Human Services (HHS) announced four new deadlines for using and reporting on Provider Relief Fund (PRF) distributions...

06.04.21 Tennessee Health Care Legislation 2021 Update — General Assembly Passes CON Reform Bill

During the recently concluded 2021 legislative session, the Tennessee General Assembly passed several significant bills that will affect health care practices in Tennessee...

01.15.21 HHS Provider Relief Fund Portal Is Open … for Registration Only

HHS opened its Provider Relief Fund (PRF) Reporting Portal today (January 15, 2021)—but for registration only...

01.14.21 HHS Provider Relief Fund Reporting System to Open January 15, 2021—Are You Ready?

HHS is scheduled to open its Provider Relief Fund (PRF) reporting system tomorrow (January 15, 2021). Recipients of over $10,000 in PRF aid will report on their use of funding through December 31, 2020, to address increases in health care-related expenses, general and administrative (G&A) expenses, and lost revenue due to the coronavirus, using their normal method of accounting (cash or accrual basis)...

12.22.20 Health Care Providers: The $900 Billion COVID-19 Stimulus Package Impacts You

Congress voted last night to approve a $900 billion COVID-19 stimulus package that includes key measures for health care providers. President Trump has indicated he will sign the new legislation once it reaches his desk...

10.30.20 Health Care Organizations Should Be on Guard Against Heightened Ransomware Threats

This week the Cybersecurity and Infrastructure Security Agency, the Federal Bureau of Investigation, and the Department of Health and Human Services released a Joint Cybersecurity Advisory warning of current ransomware activity targeting the health care and public health sectors...

10.29.20 Be Aware of Recent Legal Developments Concerning Right of Access to Patient Information

Two major recent regulatory developments highlight the need for health care organizations to focus on compliance concerning requests for access to patient health information...

10.11.20 CMS Eases Repayment Terms for Borrowers Under Medicare Accelerated and Advance Payment Program

On October 8, 2020, the Centers for Medicare & Medicaid Services (CMS) announced notable changes to the terms of Accelerated and Advance Payment Program (AAPP) loans that were issued to various health care entities earlier this year in connection with the COVID-19 outbreak...

10.06.20 HHS Releases Key Guidance for Health Care Providers Seeking Phase 3 Funding

Health care providers who are interested in applying for the new Phase 3 General Distribution of $20 billion from the Provider Relief Fund now have access to key guidance from the U.S. Department of Health and Human Services...

10.02.20 HHS Phase 3 Makes $20 Billion Available in Health Care Provider Relief Fund – Apply by Nov. 6

The U.S. Department of Health and Human Services (HHS) announced a new Phase 3 General Distribution of $20 billion for health care providers from the Provider Relief Fund (PRF). Providers will have from October 5, 2020, through November 6, 2020, to apply for the additional funding...

09.22.20 PRF Reporting Requirements Available; Reporting System Availability Delayed Until 2021

The Department of Health and Human Services (HHS) has finally released detailed reporting requirements for Provider Relief Fund (PRF) payments, while also advising that the availability of its reporting system—previously stated as opening no later than October 1, 2020—will be delayed until an unspecified date in early 2021...

08.14.20 Chambliss Health Care - Client Update

The Chambliss Health Care Team shared a newsletter with COVID-19 updates for health care clients and professionals. It includes information related to the CARES Act, telehealth, regulatory changes, state law initiatives, and more…

08.14.20 Tennessee General Assembly Significantly Expands Telehealth Flexibility and Payment Parity

August 13, while in special session ordered by Gov. Bill Lee, the Tennessee General Assembly overwhelmingly passed an amended version of HB8002, which significantly enhances telehealth flexibility and payment parity for health care providers and patients in Tennessee. However, some important changes will be temporary...

08.14.20 Providers Push for Implementation of Long-Awaited Changes to Stark and Anti-Kickback Statute

In October of 2019, as part of HHS’s Regulatory Sprint to Coordinated Care, long-awaited rules were proposed by HHS and CMS regarding changes to the Stark Law and Anti-Kickback Statute. These rules were the byproduct of many years of effort by both the federal government and the health care industry...

08.14.20 Provider Relief Fund Phase 2 Eligibility: Clarifications and Further Questions

As explained in our prior alert, the Department of Health and Human Services (HHS) is offering certain Medicare providers an additional opportunity to apply—by August 28, 2020—for Provider Relief Fund (PRF) distributions from its Phase 2 General Distribution (Phase 2)...

08.07.20 HHS Offers Certain Providers a Second Opportunity to Receive General Distribution Funding

On July 31, 2020, the U.S. Department of Health and Human Services (HHS) announced an opportunity for certain Medicare providers, who missed the chance to apply for additional Provider Relief Fund (PRF) payments from the $20 billion portion of the $50 billion Phase 1 General Distribution...

08.07.20 Significant Liability Protections Now in Effect for Georgia Health Care Providers

Effective August 7, 2020, the Georgia COVID-19 Pandemic Business Safety Act (GCPBSA) protects health care providers and facilities and other commercial businesses from COVID-19 exposure claims occurring on or before July 14, 2021. In particular, the GCPBSA precludes legal liability for COVID-19 liability claims unless the claimant can demonstrate gross negligence, willful and wanton misconduct, or reckless or intentional infliction of harm...

08.07.20 Chambliss Health Care - Client Update

07.31.20 HHS Establishes Deadline for Use of Provider Relief Fund Distributions

Late on July 30, 2020, the U.S. Department of Health and Human Services published guidance establishing a July 31, 2021, deadline for providers to fully expend their Provider Relief Fund distributions. Just last week, HHS announced initial reporting requirements for recipients of general and targeted distributions, including a July 31, 2021, final reporting deadline...

07.24.20 Chambliss Health Care - Client Update

07.24.20 SAMHSA Issues Final Rule Updating Substance Use Disorder Privacy Regulations, But Further Updates Are on the Way

Earlier this month, the Substance Abuse and Mental Health Services Administration within the U.S. Department of Health and Human Services issued a final rule implementing updates to 42 C.F.R Part 2, the federal regulations governing the privacy of substance use disorder (SUD) treatment records...

07.24.20 Exponential Increase in Telehealth Use – Will Waivers & Flexibilities Last?

As most are aware, the telehealth industry has experienced a major expansion during the COVID-19 pandemic. The volume of telehealth claim lines in April 2020 alone reportedly increased more than 8,000% versus April of 2019, based on privately-billed medical and dental claim records alone...

07.24.20 Recent Court of Appeals Decision Clears Pathway to Site-Neutral Payment Future

On July 17, 2020, the D.C. Court of Appeals confirmed that HHS’ proposed site-neutral payment policy can go into effect by overturning a previous D.C. trial court decision holding otherwise. This decision is a significant setback to hospitals operating provider-based hospital departments...

07.24.20 HHS Issues Initial Reporting Requirements for Provider Relief Fund

Without announcement or notice, the U.S. Department of Health and Human Services announced Monday, July 20, 2020, that providers who have received a total of $10,000 or more in Provider Relief Fund payments now have a looming reporting deadline of February 15, 2021...

07.13.20 HHS Addresses Taxability of Provider Relief Funding

Late on Friday evening (July 10, 2020) and less than a week before the looming July 15, 2020, tax deadline, the Department of Health and Human Services (HHS) finally issued guidance addressing the taxability of Provider Relief Fund payments...

07.02.20 Chambliss Health Care - Client Update

07.02.20 OCR Provides Guidance on Providers Contacting Former COVID-19 Patients About Blood and Plasma Donation

The Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services recently released guidance clarifying that, in certain circumstances, providers may, in a HIPAA-compliant manner without obtaining individual patient HIPAA authorizations, identify patients who have recovered from COVID-19...

06.19.20 Chambliss Health Care - Client Update

06.19.20 New HHS Guidance Addresses Provider Reporting, Rejecting Erroneous Payments and Overpayments, General Distribution Ineligibility, & More

This week, the U.S. Department of Health and Human Services issued two additional rounds of updates to its Frequently Asked Questions regarding the $50 billion General Distribution allocation from the Provider Relief Fund...

06.12.20 Chambliss Health Care - Client Update

06.12.20 Challenges to Reopening Dental Clinics in COVID-19 Environment

Almost every industry has been hit hard by the effects of COVID-19, and the dental industry is no exception. While an increased emphasis on telehealth has been a notable byproduct of the current crisis...

06.12.20 HHS Clarifies Provider Questions on Attestation, Payment Portal, and Targeted Distributions

This week, the U.S. Department of Health and Human Services (HHS) issued two additional rounds of updates to its Frequently Asked Questions (FAQs) regarding distributions from the Provider Relief Fund...

06.05.20 Chambliss Health Care - Client Update

06.05.20 HHS Issues Three Additional Rounds of Updates to the Provider Relief Fund FAQs

This week, the U.S. Department of Health and Human Services (HHS) issued three additional rounds of updates to its Frequently Asked Questions (FAQs) regarding distributions from the Provider Relief Fund...

05.29.20 Chambliss Health Care - Client Update

05.29.20 HHS Extends Deadline to Attest to Provider Relief Fund Terms and Conditions by 45 Days

On May 22, 2020, HHS announced in a press release that providers who have received payment from the Provider Relief Fund now have 90 days from the date they received payment to accept HHS’ Terms and Conditions (Terms and Conditions) or to return the funds...

05.22.20 Chambliss Health Care - Client Update

05.22.20 HHS Issues Additional Terms and Conditions and Guidance under the Provider Relief Fund FAQs – General Distribution Eligibility; Sold, Transferred, and Terminated Providers; and Parent-Subsidiary Relationships

Late on May 21, 2020, the U.S. Department of Health and Human Services (HHS) issued further updates to its Frequently Asked Questions (FAQs) regarding distributions from the Provider Relief Fund, as well as Rural Health Clinic (RHC) Terms and Conditions. HHS also issued Skilled Nursing Facility Relief Fund Payment Terms and Conditions earlier today...

05.22.20 HHS “Reminds” Providers of June 3 Attestation Deadline

On May 20, 2020, HHS issued a press release “reminding” eligible providers that they have until June 3, 2020, to accept the Terms and Conditions and submit their revenue information to support receiving additional payments from the Provider Relief Fund’s $50 billion General Distribution...

05.21.20 HHS Issues Additional Guidance under the Provider Relief Fund FAQs – Deadline for Attestation; Rejecting Payment; Recent Mergers, Sales and Change of Ownership; Publication of Providers; and Rural Distributions

Late on May 20, 2020, the U.S. Department of Health and Human Services (HHS) issued another round of updates to its Frequently Asked Questions (FAQs) regarding distributions from the Provider Relief Fund. The May 20 update is the second round of updates to the FAQs issued this week and one of multiple changes HHS has issued over the last two weeks without notice...

05.20.20 HHS Updates Provider Relief Fund FAQs – Distribution Errors, Recent Acquisitions of Practices/Hospitals, and Updating High Impact Data

Late on May 19, 2020, the U.S. Department of Health and Human Services (HHS) issued another round of updates to its Frequently Asked Questions (FAQs) regarding distributions from the Provider Relief Fund. HHS has changed its website and these FAQs several times over the last two weeks without notice, which has caused some confusion and concern...

05.15.20 HHS Provider Relief Fund: General Distribution FAQ Updates; Addition of Targeted Allocation FAQs

On May 12, 2020, Gov. Brian Kemp issued Executive Order No. 05.12.20.02, which contains a section specific to health care businesses and practitioners (Section VI). Although the provisions of this section are in part a repetition of The U.S. Department of Health and Human Services (HHS) has updated its Frequently Asked Questions (FAQs) regarding the $50 billion general allocation from the Provider Relief Fund and has issued new FAQs regarding the targeted distributions for rural and high impact areas...

05.15.20 Georgia Governor Issues Further Executive Order Impacting Health Care

05.15.20 Medicare Reimbursement of Pharmacy-Based COVID-19 Testing

On May 8, 2020, CMS issued guidance clarifying how pharmacies and other suppliers can obtain waivers to allow them to temporarily enroll as independent clinical diagnostic laboratories for the purpose of providing COVID-19 diagnostic testing...

05.15.20 Tennessee Governor Issues Executive Order Extending Previous Orders Impacting Health Care Providers and Facilities

On May 12, 2020, Gov. Bill Lee issued Executive Order No. 36, which is designed to facilitate the incremental reopening of Tennessee businesses. The order acknowledges...

05.15.20 Chambliss Health Care - Client Update

05.15.20 HHS Updates Provider Relief Fund General Distribution FAQs – Extends Attestation Deadline to 45 Days

The U.S. Department of Health and Human Services has updated its Frequently Asked Questions regarding the $50 billion general allocation from the Provider Relief Fund and has extended the deadline for health care providers to attest to receipt of payments and acceptance of the Terms and Conditions...

05.01.20 Chambliss Health Care - Client Update

05.01.20 Recent Guidance Presents Unforeseen Challenges with PPP Forgiveness

Recent guidance from both the SBA and IRS place the following conditions on the forgiveness aspects of the PPP loans that could significantly alter how these amounts are applied by recipients and the resulting tax benefits associated with the use of such funds...

05.01.20 CMS Announces Further Round of Regulatory Waivers and Flexibilities to Address the COVID-19 Pandemic

On Thursday, April 30, 2020, CMS announced a second round of regulatory waivers and flexibilities to address the COVID-19 pandemic. Information on the new waivers and flexibilities, as well as provider-specific fact sheets, are now available on the CMS website. These changes are numerous...

04.27.20 Available Now: HHS Frequently Asked Questions Regarding General Distribution Portal

April 27, 2020: The Department of Health and Human Services (HHS) has now made available a set of frequently asked questions (FAQs) regarding its General Distribution Portal. Providers are using this portal to verify certain revenue information necessary to apply for portions of the second wave of $20 billion from the general $50 billion allocation under HHS’ provider relief fund (the Relief Fund). These FAQs are...

04.25.20 Open Now: HHS General Distribution Portal

April 25, 2020: Today, the U.S. Department of Health and Human Services (HHS) opened its General Distribution Portal where providers who do not already submit cost reports to the Centers for Medicare and Medicaid Services (CMS) may file revenue information in order to receive additional funding from HHS’ $100 billion provider relief fund (the Relief Fund)...

04.24.20 Chambliss Health Care - Client Update

04.24.20 Governor Issues Orders Impacting Health Care Providers as Georgia Takes First Steps to Reopen

Georgia Gov. Brian Kemp issued two executive orders this week designed to facilitate the incremental reopening of Georgia businesses. Georgia's Public Health State of Emergency remains in place in the near term, although Georgia's universal shelter-in-place requirement ends April 30, 2020, subject to the continuing requirements further discussed...

04.22.20 Delivery of Next Wave of HHS Provider Relief Authorized

April 22, 2020: The Department of Health and Human Services (HHS) announced this afternoon the distribution of over $40 billion of additional funds from the $100 billion provider relief fund (the Relief Fund) under the Coronavirus Aid, Relief, and Economic Security (CARES) Act...

04.20.20 Additional Relief Possibilities for Health Care Providers Under PPP

Many hope that Congress will replenish the PPP through an additional round of funding – if this happens, there are potential opportunities for those in the health care industry as highlighted...

04.17.20 Chambliss Health Care - Client Update

04.17.20 Health Care Providers: What Can I Do With the Money I Just Received from HHS?

The following provides our impressions of key issues and questions providers are already encountering when attempting to analyze their eligibility to retain CARES Act Relief Fund payments and the limitations placed on the use of such payments, particularly in light of the HHS terms and conditions a provider must attest to within 30 days of receipt of payment...

04.17.20 Georgia Executive Orders Impacting Physicians and Health Care Providers

In response to the COVID-19 outbreak, Georgia’s Gov. Brian Kemp issued the following executive orders addressing physicians, pharmacists, and other health care providers in Georgia...

04.10.20 CARES Act Provider Relief Fund

Today, the Department of Health and Human Services (HHS) announced the delivery of the initial $30 billion tranche from the $100 billion provider relief fund established under the Coronavirus Aid, Relief, and Economic Security (CARES) Act, which was passed into law by President Trump on March 27, 2020…

04.10.20 CARES Financial Relief for Health Care Providers

The CARES Act adds $100 billion to the “Public Health and Social Services Emergency Fund” to reimburse “eligible health care providers” for “health care-related expenses or lost revenues that are attributable to Coronavirus...”

04.09.20 Chambliss Health Care - Client Update

04.09.20 Stark Law Waivers Issued During the COVID-19 Outbreak

On March 30, 2020, in response to the COVID-19 pandemic, the Centers for Medicare and Medicaid Services (CMS) issued blanket waivers on certain sanctions under the physician self-referral law, also known as the “Stark Law”...

04.09.20 Federal and State Governments Act to Facilitate Use of Telehealth During COVID-19 Pandemic

As health care providers across the country take steps to initiate or increase use of telehealth to provide patient care while complying with “social distancing” or “shelter in place” directives, federal and state governments have taken numerous steps to facilitate greater use of telehealth during the COVID-19 pandemic...

04.09.20 Separate Funding for CMS AAPP and $100 Billion in Loans Under CARES

Late on April 7, 2020, the Centers for Medicare and Medicaid Services (CMS) issued a press release announcing that it has delivered nearly $34 billion in the past week to health care providers on the frontlines battling the 2019 Novel Coronavirus (COVID-19) through its expanded Accelerated and Advanced Payment Program (AAPP)...

03.31.20 Support for Health Care Providers During the COVID-19 Pandemic

On March 27, 2020, the Coronavirus Aid, Relief and Economic Security (CARES) Act was enacted in the wake of the COVID-19 outbreak. The Cares Act provides specific support to health care providers during the duration of the COVID-19 pandemic—including the authorization of small business loans with attractive forgiveness provisions to providers with under 500 employees and the expansion of accelerated and advanced Medicare payments…

03.26.20 New Executive Order Further Relaxes Licensing and Practice Requirements in Tennessee

On March 26, 2020, Gov. Bill Lee issued Executive Order No. 20 amending previous Executive Order No. 15, which significantly modified various licensing and other entry barriers to providing care amidst the COVID-19 crisis. Highlights of the new order include…

03.25.20 Gov. Bill Lee Issues New Executive Order to Limit Non-Emergency Health Care Procedures

On March 25, Gov. Bill Lee issued the following executive order restricting the provision of all (i) non-emergency dental and oral procedures (like hygiene visits and cosmetic procedures), and (ii) non-emergency elective surgical procedures in a hospital or outpatient surgical facility…

03.24.20 Health Care Providers Can Be Excluded from the New Paid Leave Law, But What About Staff?

As you may know by now, the newly enacted Families First Coronavirus Response Act provides that employers may exclude health care providers and emergency responders from taking newly provided paid sick leave or expanded FMLA related to the COVID-19. While this has been a positive development for our health care clients, a key question is consistently asked: what about the staff and non-licensed providers that support those health care providers?…

03.20.20 Gov. Bill Lee Enacts Significant Measures for Tennessee Providers to Combat COVID-19 Crisis

Last evening, Gov. Bill Lee issued Executive Order No. 15 which, among other critical actions, sets forth a number of significant health care-related provisions summarized below for the benefit of our health care audience...

03.18.20 Addressing the Challenges of HIPAA and COVID-19: A Guide For Businesses

As we begin to grapple with the unprecedented challenges arising out of the COVID-19 outbreak, a question that many employers are being faced with is this – what information can we disclose, and to whom can we disclose it, when some of it may constitute protected health information (PHI) covered by HIPAA?...

01.06.21 New Forum for Determining Small Claim Copyright Disputes

On December 27, 2020, President Trump signed the bipartisan COVID-19 relief and government funding bill. This bill incorporates the Copyright Alternative in Small-Claims Enforcement (CASE) Act, which establishes the Copyright Claims Board (CCB) and a new avenue for copyright owners to enforce their rights without having to file a lawsuit in federal court...

01.06.21 Changes to Trademark Act Include New Procedure to Challenge Applications

On December 27, 2020, President Trump signed the bipartisan COVID-19 relief and government funding bill which includes the Trademark Modernization Act of 2020 (TMA). The TMA, which will become effective in one year, introduces significant amendments to the Lanham Act...

06.04.20 COVID-19 Inventions Get “Fast Track”

Have you invented a product or process for preventing or treating the novel coronavirus commonly known as COVID-19? If you have, and you qualify as a small[1] or micro[2] entity, then you may be entitled to a “fast track” examination process recently announced by the U.S. Patent and Trademark Office (USPTO)...

06.04.20 USPTO Further Extends Deadlines for Patent Filings for Small / Micro Entities

In accordance with the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), the United States Patent and Trademark Office (USPTO) previously provided two extensions of time to file certain patent-related documents and pay certain fees (outlined below) that otherwise would have been due on or after March 27, 2020. In a notice issued on May 27, 2020, the USPTO expanded...

06.04.20 Continued COVID-19 Relief as USPTO Waives Fees for Trademark Petitions

In accordance with the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), the United States Patent and Trademark Office (USPTO) previously provided two extensions of time to file certain trademark-related documents and to pay certain fees. That relief expired May 31, 2020...

05.07.20 COVID-19 and Your IP on Amazon

The COVID-19 pandemic may have had an adverse impact on your brick-and-mortar retail sales, but hopefully has resulted in an uptick in your online retail sales. And when it comes to online retail sales, Amazon is the river, the rainforest, and the A to Z of all things online sales. Here are five ways to make sure your IP rights are safe and sound on the Western world’s largest digital marketplace...

04.29.20 USPTO [Further] Extends Deadlines for Trademark Filings

In accordance with the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), the United States Patent and Trademark Office (USPTO) has extended the time to file certain trademark-related documents and to pay certain fees that otherwise would have been due on or after March 27, 2020...

04.29.20 USPTO [Further] Extends Deadlines for Patent Filings

In accordance with the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), the United States Patent and Trademark Office (USPTO) has extended the time to file certain patent-related documents and pay certain fees that otherwise would have been due on or after March 27, 2020...

04.28.20 Your Trademarks Just Got a Big Boost

If you are a business owner and have federally-registered your trademark (an important step that the Chambliss Intellectual Property section regularly advises our clients to take), then the value of your trademark(s) just received a big boost. The Supreme Court of the United States (the Court) recently settled a long-standing split between the appellate courts...

04.22.20 Supreme Court Reaffirms Non-Appealability of Patent Office Decisions to Review Issued Patents

Any person may challenge the validity of a U.S. patent on the basis that previously issued patents or publications render the patent’s claims invalid as being anticipated by the prior art or obvious in view of the prior art, by filing a petition for inter partes review (IPR) in the U.S. Patent and Trademark Office (USPTO). A party sued for patent infringement has one year...

04.15.20 IP Agreements and the Impact of COVID-19

One affirmative step many of you have likely taken, or at least considered taking, is licensing your company’s IP to one or more third parties in order to monetize your IP assets. In addition, or in the alternative, your company may have agreed to take a license from a third party in order to make, use, sell, or sublicense the third party’s IP...

04.14.20 IP Bill to Fight COVID-19

With the emergence of the novel coronavirus pandemic, U.S. Sen. Ben Sasse (R-Nebraska) has proposed the Facilitating Innovation to Fight Coronavirus Act in an effort to combat the continued spread of the highly-communicable virus. The draft legislation seeks to strike a balance been the following two potentially competing interests...

04.13.20 Trade Secret Protection in the Remote Working World

Out of necessity during the COVID-19 pandemic and related “stay-in-place” orders, many businesses have transitioned their workforce to work-from-home or similar remote working arrangements. The working world is making considerable use of Zoom, WebEx, GoToMeeting, and other video/audio conferencing platforms that allow employees to reach their teams, customers, vendors, and other key contacts remotely. With remote work comes the wide use of personal smartphones, tablets, and other devices…

07.22.20 Nonprofits and Grant Partners Act Now: $150M COVID-19 Relief Available in Tennessee

Gov. Lee announced yesterday (July 21) that the Financial Stimulus Accountability Group has developed the Tennessee Community CARES Program for nonprofit grant partners. “Grant partners” will have access to $150 million in federal funds that they will in turn sub-grant to nonprofits seeking to use funds in support of efforts to provide relief from the the impacts created by the COVID-19 disease and pandemic...

04.10.20 CARES Financial Relief for Nonprofits

The Paycheck Protection Program will enable eligible nonprofit organizations that have been adversely affected by the COVID-19 pandemic to obtain funds to cover payroll, rent, interest, and utilities...

04.06.20 Jim Catanzaro Interviewed for "Pandemic Law: Getting Ahead of Shifting Landscape"

The Hamilton County Herald published “Pandemic Law: Getting Ahead of Shifting Landscape,” an article discussing Chambliss’ efforts amid the recent COVID-19 pandemic...

04.02.20 Jim Catanzaro Provides Insight on CARES Act to Local Nonprofits

Jim Catanzaro, chair of Chambliss’ charitable and public purpose organizations group, will join local nonprofits in the Chattanooga area for a live webinar hosted by Venture Forward to discuss the Paycheck Protection loan assistance available from the Small Business Administration…

03.19.20 IRS Disaster Relief Guidance

The IRS issued "Disaster Relief" guidance related to providing assistance through charitable organizations...

03.19.21 2021 IRS Filing Deadline Extension — What It Means for You

On March 17, the IRS granted taxpayers an automatic filing and payment extension of 2020 individual income tax returns to May 17, 2021. As of right now, this delay only applies to federal income tax filings for individuals, not business or trust filings. Additionally, the deadline for first quarter 2021 estimated payments remains April 15, 2021.

01.06.21 $900 Billion Stimulus Package Provides Critical Tax Guidance and Support for Employers

On December 27, 2020, President Trump signed into law the $900 billion stimulus package passed by Congress on December 21. This package contained some much needed tax guidance and support for many employers across the country. Here are some of the most salient provisions related to PPP loans, payroll taxes, and business meal deductions...

04.13.20 How Changes to Claiming Net Operating Losses Under the CARES Act Impact Businesses

Under the CARES Act, taxpayers with 2018, 2019, and 2020 net operating losses (“NOLs”) may now be able to obtain tax relief by filing amended returns to claim tax refunds by offsetting taxable income from prior years...

04.10.20 Business Tax Benefits Through CARES

Certain employers may be entitled to a tax credit against employment taxes if the operation of the employer’s trade or business is fully or partially suspended during the calendar quarter due to orders of a governmental authority that limited commerce, travel, or group meetings...

03.20.20 Both IRS Tax-Filing and Tax-Payment Due Dates for 2019 Tax Year Extended to July 15, 2020

In response to the COVID-19 pandemic, U.S. Treasury Secretary Steven Mnuchin has stated that all taxpayers and businesses will have until July 15, 2020, to file and make tax payments for tax year 2019 without interest or penalties. Accordingly, the normal IRS tax-filing and tax-payment date of April 15, 2020, has now been postponed for three months to July 15, 2020…

03.17.20 U.S. Postpones April 15 Tax Payments for 90 Days for Most Americans

Coronavirus disruption prompts tax agency to extend deadline, waive interest and penalties...

08.17.21 Estate Planning Update

This update is brought to you by our Chambliss Estate Planning team. We are sharing articles, legal developments, external resources, and tips for coping during these uncertain times. Each weekly issue will cover various trends of vital interest in the world of estate planning, elder law, and special needs planning.

06.09.21 Estate Planning Update

05.06.21 Estate Planning Update

04.20.21 Estate Planning Update

This weekly COVID update is brought to you by our Chambliss Estate Planning team. We are sharing articles, legal developments, external resources, and tips for coping during these uncertain times. Each weekly issue will cover various trends of vital interest in the world of estate planning, elder law, and special needs planning.

04.06.21 Estate Planning Update

03.10.21 Estate Planning Update

03.01.21 Gov. Bill Lee Extends Executive Order to April 28, 2021, Permitting Remote Notarization and Witnessing of Documents

Gov. Bill Lee signed Executive Order No. 79, which extends the ability to notarize and witness documents remotely....

02.23.21 Estate Planning Weekly COVID-19 Update

This weekly COVID-19 update is brought to you by our Chambliss Estate Planning team. We are sharing articles, legal developments, external resources, and tips for coping during these uncertain times. Each weekly issue will cover various trends of vital interest in the world of estate planning, elder law, and special needs planning.

02.09.21 Estate Planning Weekly COVID-19 Update

01.12.21 Estate Planning Weekly COVID-19 Update

12.10.20 Estate Planning Weekly COVID-19 Update

12.02.20 Estate Planning Weekly COVID-19 Update

11.19.20 Estate Planning Weekly COVID-19 Update

11.05.20 Estate Planning Weekly COVID-19 Update

10.21.20 Estate Planning Weekly COVID-19 Update

09.22.20 Estate Planning Weekly COVID-19 Update

09.16.20 Estate Planning Weekly COVID-19 Update

09.02.20 Estate Planning Weekly COVID-19 Update

08.26.20 Estate Planning Weekly COVID-19 Update

08.26.20 Change: A Necessary Part of Life and Estate Planning

The only thing that stays the same is everything changes.” I can hear Tracy Lawrence singing that in my head just as clear as when I first heard it in 1996. I didn’t quite understand it back then, but I do now...

08.18.20 Estate Planning Weekly COVID-19 Update

08.12.20 Estate Planning Weekly COVID-19 Update

08.12.20 Is Your Physician Your Long-Term Care Quarterback?

Fast moving, continuous coverage, and goal-oriented! It sounds like football, but hopefully this describes your physician’s practice and their dedication to your care. With hopes of football right around the corner, follow me with some corny analogies, but serious implications for your loved ones life. Your primary care physician should be the quarterback...

07.29.20 Estate Planning Weekly COVID-19 Update

07.29.20 Use It or Lose It? – Estate Planning Considerations Before the November 2020 Election

Estate Planning, Regardless of Net Worth
Although the primary audience for this article is high net worth individuals (individuals whose estates are in excess of the estate/gift tax exemption amount) who may take advantage of large gifting strategies, estate planning is not just for the uber wealthy. Estate planning encompasses a wide variety of areas including tax planning, creditor protection, asset management, charitable planning, and long-term care planning...

07.22.20 Estate Planning Weekly COVID-19 Update

07.21.20 Looking Beyond the Surface: A Holistic Approach to Special Needs Planning

2020 will be a year we all remember. I don’t think many will argue about that statement. There are many obvious reasons for this, but at my house, there is one that may not be known to anyone except me. During the time of social distancing and spending more time at home...

07.15.20 Estate Planning Weekly COVID-19 Update

07.01.20 Estate Planning Weekly COVID-19 Update

06.23.20 Estate Planning Weekly COVID-19 Update

06.16.20 Estate Planning Weekly COVID-19 Update

06.10.20 Estate Planning Weekly COVID-19 Update

06.10.20 Significant Estate Planning Implications Under SECURE and CARES Acts

Both the SECURE Act and CARES Act are filled with important changes related to estate planning. The Secure Act (Setting Every Community Up for Retirement Enhancement Act), enacted in December of 2019, carries significant updates for retirement asset planning, especially with the elimination of “stretch” required minimum distributions (RMDs). And, the CARES Act (Coronavirus Aid, Relief, and Economic Security Act), enacted in March of this year, provides financial relief to both individuals and businesses who are facing the negative impacts of the COVID-19 pandemic. One of the key updates under CARES Act is providing flexibility to IRA owners and retirement plan participants...

06.10.20 Estate Planning Implications of SECURE Act and CARES Act

The SECURE Act (signed into law on December 20, 2019) changed many of the established rules applicable to retirement assets – most notably, elimination of “stretch” required minimum distributions (RMDs). Likewise, the CARES Act was signed into law on March 27, 2020, to provide economic relief to individuals and businesses during the COVID-19 pandemic and provide flexibility for IRA owners and retirement plan participants...

06.04.20 Estate Planning Weekly COVID-19 Update

06.04.20 We Are All Grieving – What Can We Do?

I have been trying to write this article for the last few days. I cannot seem to come up with the right words to say. Many of us cannot sleep, have a rush of thoughts in our head, and are finding it difficult to concentrate with so much going on around us. My heart is breaking for our country as I watch all of the current gut-wrenching circumstances playing out across our nation...

05.28.20 Estate Planning Weekly COVID-19 Update

The Chambliss Estate Planning Team is sharing a weekly newsletter with COVID-19 updates for individuals, families, and their loved ones. It includes links to helpful resources, articles from our team, and tips for coping during these uncertain times…

05.27.20 Charitable Giving in the Time of COVID-19

March 20, 2020 – the day taxpayers were granted an automatic filing extension to July 15, 2020; the day the 2020 tax filing season changed dramatically. It was also a wonderful day that gave me a minute to pause, take a deep breath, and be thankful for the many steady blessings I have in my life...

05.19.20 Estate Planning Weekly COVID-19 Update

05.19.20 What Do Cheer Tryouts and Remote Witnessing-Notarization Have in Common?

Whether practicing her cheers on our backyard tumble track or with her competitive cheer team at Integrity Elite All Stars (prior to the COVID-19 pandemic), lifting our spirits at football and basketball games with the Boyd-Buchanan School cheerleading squad, or watching cheer competitions on Flo TV – my daughter, Sarah, is an aficionado of all things cheerleading...

05.12.20 Estate Planning Weekly COVID-19 Update

05.12.20 Lessons Learned in Quarantine

As many states across the nation begin the process of lifting stay-at-home orders and reopening restaurants, gyms, salons, and other businesses, there is still much uncertainty about how long our lives will be impacted by COVID-19...

05.05.20 Estate Planning Weekly COVID-19 Update

05.06.20 How Bermuda Prepared Me for Living in Tennessee

Recent severe storms with tornadoes causing extensive damage and several casualties in our area have reminded us that NOW is the time to prepare – if we haven’t already...

04.28.20 Estate Planning Weekly COVID-19 Update

04.28.20 Advance Directive for Health Care - Amy’s Story

At any age, a medical crisis could leave someone too ill to make his or her own health care decisions. Even if you are not sick now, making health care plans for the future is an important step toward making sure you get the medical treatment you want even when doctors, family members, or those you appoint have to make decisions for you...

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04.28.20 Advance Directives for Health Care – Make Your Wishes Known

People have a right to make their own health care decisions. Advance Directives for Health Care (ADHC) can help people communicate their treatment choices if there comes a time when they can’t tell what they want. This document is used to instruct medical personnel when to withdraw or withhold life-sustaining procedures as well as to record a patient’s wish to receive all available medical treatments...

04.21.20 Chambliss Estate Planning - Weekly Client Update

04.21.20 5 Ways to Stay Connected in the COVID-19 Pandemic

We are experiencing unchartered times. Yesterday, my 83-year-old father said that in his lifetime he had never experienced anything like this, even though he did remember living through the polio epidemic...

04.14.20 Chambliss Estate Planning - Weekly Client Update

04.10.20 Remote Witnessing and Notarizing is Now an Option for Estate Planning Documents

On April 9, 2020, Gov. Bill Lee issued Executive Order 26, which temporarily suspends the requirement for “in person” witnessing and notarization of certain documents including Wills, Trusts, Powers of Attorney, and Deeds, from April 10, 2020, through May 17, 2020...

04.07.20 Chambliss Estate Planning - Weekly Client Update

04.07.20 Tending Our Gardens, Intentionally Planning for the Future

Over the last couple of weeks, it seems my husband and I have made more trips to The Home Depot, Lowe’s, and our local nurseries than we did all of last year. There is nothing like working remotely from home while homeschooling a child to drive one to seek refuge outside...

03.31.20 Chambliss Estate Planning - Weekly Client Update

03.30.20 Individuals, Beware of Coronavirus Scams

Like many, I have retreated to my home and isolated myself with my immediate family in keeping with social distancing recommendations to slow the spread of COVID-19...

03.24.20 Chambliss Estate Planning - Weekly Client Update

03.23.20 “Failing to Prepare Is Preparing to Fail”

At 5:30 a.m. my phone started ringing. I am an early riser, but I have to say that I almost never get calls that early in the morning. In fact, that is my quiet time when I drink my coffee, think about my day ahead, and reflect on the things for which I am thankful...

Does Coronavirus Have You Worried?

You're not alone. This is a challenging time where people are looking for direction and clarity. We're in this together. While a lot is still to be determined, we are here to provide direction and clarity. On a personal level, and most importantly, we hope you and your families remain healthy and safe during this unusual time.

Chambliss has made your concerns our priority. For over 130 years, delivering exceptional service to our community has been our first priority, and our dedication to you and your needs will remain unchanged during this unusual time.

At a local level, we have been diligently monitoring the impact of the coronavirus (COVID-19) and following the guidance of federal, state, and community officials for further appropriate steps to safeguard the health of our personnel, clients, visitors, and the public...

CO.LAB COVID-19 Business Resources

U.S. Small Business Administration - Coronavirus (COVID-19): Small Business Guidance & Loan Resources

U.S. Small Business Administration - Disaster Loan Assistance

U.S. Chamber of Commerce - Resources to Help Your Small Business Survive the Coronavirus

Tennessee's Department of Mental Health & Substance Abuse Services - List of Resources

09.09.21 Breaking News: President Biden Announces Plan to Require Large Private Companies to Mandate COVID Vaccine

04.02.21 Northwest Georgia Health Departments Provide “After Work Hours” COVID-19 Vaccine Appointments to Georgia Residents and Individuals from Neighboring States Working in the State of Georgia; CEMPA Community Care Announces COVID-19 Vaccine Event for April 10

03.18.21 Hamilton County Health Department Expands Vaccine Eligibility to Adults Age 55 and Older — Effective Immediately

03.02.21 Tennessee Announces Significant Increase in COVID-19 Vaccines; Expands to Phase 1C Eligibility on March 8, 2021

02.17.21 Hamilton Co. Health Dept. Set to Begin Offering COVID-19 Vaccinations to Residents Age 65 or Older, Certain School Teachers, and School Staff on February 22

02.10.21 Hamilton Co. Health Depart. Announced New Vaccination Site at Enterprise South Nature Park and Additional First Dose Appointments

02.02.21 TN Counties Surrounding Hamilton Co. Offer COVID-19 Vaccinations to Adults 70+; AL to Begin Offering Vaccines to Residents 65+ on Feb. 8

01.22.21 The Hamilton County Health Department Adds First Dose Appointments to the Vaccination Schedule for Phases 1a1, 1a2, and Adults 75+ by Appointment Only

01.22.21 The Department of Veterans Affairs Announces COVID-19 Vaccines Currently Available to High-Risk Veterans and Veterans Age 65+

01.17.21 Hamilton Co. Health Department Announces Additional First and Second Dose COVID-19 Vaccination Appointments for Phases 1a1, 1a2, and Adults 75+

01.15.21 Hamilton County Health Department Confirms Online Appointment Scheduling for Second Dose of COVID-19 Vaccines

01.12.21 COVID-19 Vaccine Eligibility Updates for Surrounding Counties and States

12.31.20 COVID-19 Vaccines for Hamilton Co. Residents 75 Years and Older and for Certain Persons With Special Needs

12.30.20 HCHD Confirms More Shipments of COVID-19 Vaccine

04.03.20 Chambliss Team Provides Counsel in Hamilton County/Baylor School Unprecedented COVID-19 Testing Lab

In a team effort with Hamilton County's County Attorney, Chambliss helped find legal solutions that permitted the establishment of the unprecedented Hamilton County coronavirus testing lab. Our multidisciplinary team included attorneys from our municipal and government, health care, business, and real estate groups…

COVID-19 Update from Chattanooga Chamber + Public Health Resources

Hamilton County Health Department Resource Page Including Hotline + Coronavirus (COVID-19) Current Case Information

Wi-Fi Hotspots Across Chattanooga's Neighborhoods

Mayor Berke to announce executive order Thursday suspending dine-in restaurant service

Chattanooga Mayor Andy Berke's office says the mayor will announce a new executive order at 10 a.m. Thursday that will "require restaurants and bars within Chattanooga city limits to suspend dine-in service indefinitely..."

Chattanooga Restaurants Offering Take Out

Hamilton County Department of Education and Community Organizations Offer Food Pickup for Anyone Experiencing Food Shortage

The United Way of Greater Chattanooga is available for those who need extra assistance navigating this challenging time. You can reach them by dialing 2-1-1 or emailing 211staff@uwchatt.org

CDC Hand-washing: Clean Hands Save Lives

USA TODAY - Coronavirus tips: How to slow the spread of COVID-19 with hand-washing, social distance

The material in this publication was created as of the date set forth above and is based on laws, court decisions, administrative rulings, and congressional materials that existed at that time, and should not be construed as legal advice or legal opinions on specific facts. In some cases, the underlying legal information is changing quickly in light of the COVID-19 pandemic. The information in this publication is not intended to create, and the transmission and receipt of it does not constitute, a lawyer-client relationship. Please contact your legal counsel for advice regarding specific situations.