Tag: Paul Rushton

Business Owners Should Closely Monitor Guidance to Ensure In-Person Operations Remain Compliant and as Safe as Possible.

As businesses continue to strive to conduct in-person operations during the pandemic that are both compliant with Government Orders and as safe as possible for employees and customers, owners should closely monitor and review the guidance issued by the Commonwealth of Pennsylvania and the CDC concerning the steps that are required and/or recommended for such in-person operations. To effectively institute such required and/or recommended safeguards, businesses should adopt a formal COVID-19 Response Plan that outlines how the business will conduct in-person operations, including the designation of a “Pandemic Safety Officer” for the business and the posting of required notices at the place of business.


Rosenn, Jenkins & Greenwald, LLP is prepared to assist businesses in adopting a COVID-19 Response Plan and/or reviewing and suggesting revisions to an existing Response Plan that was prepared for such purpose. Please contact Paul T. Rushton, Esquire (prushton@rjglaw.com) or Kieran M. Casey, Esquire (kcasey@rjglaw.com) via e-mail or call (570) 826-5600 if you are interested in learning more about these services.


Paycheck Protection Program Extension

PPP Loan Applicants: The New Deadline for Loan Applications is August 8th

The popular Paycheck Protection Program (the “PPP”) administered by the Small Business Administration has been extended for another five weeks, postponing the June 30th deadline for PPP loan applications until August 8th. Since the PPP began, more than 4.8 million small businesses received over $500 billion in potentially forgivable loans through the PPP and reports indicate that approximately $130 billion in PPP funds remain available to eligible small businesses. The remaining funds are available on a first-come, first-served basis, so businesses interested in applying for PPP funding should proceed with urgency.

If your business has yet to obtain funding through a PPP loan, the Business & Finance Department at Rosenn Jenkins & Greenwald LLP is ready to assist you in determining your eligibility for PPP funding and the amount your business is eligible to borrow. Please contact Department Chair Paul T. Rushton (prushton@rjglaw.com), Christyan A. Telech (ctelech@rjglaw.com), or one of the other attorneys in our Business & Finance Department to learn more about the PPP and the assistance we can provide with PPP loans and forgiveness applications.


RJG Blog - COVID Green Phase

Moving to the Green Phase: Learn about the Restrictions that Remain in Place

On June 12th, Governor Tom Wolf announced that eight more counties, including Luzerne County, will move to the green phase of reopening under the Governor’s Process to Reopen Pennsylvania on June 19th. Although certain restrictions aimed at combating COVID-19 are eased for a county that enters the green phase, there are still a number of restrictions that must still be adhered to by businesses and/or citizens in the county during the green phase, including certain work setting restrictions and social restrictions. Accordingly, as businesses in Luzerne County plan for the green phase, they must closely review the applicable restrictions under the Governor’s Process to Reopen Pennsylvania and tailor their practices to comply with those requirements.

Rosenn, Jenkins & Greenwald is prepared to assist businesses as they address these novel and important issues. If you are interested in learning more about these services, please contact Paul Rushton, the Chair of RJG’s Business & Finance Department (prushton@rjglaw.com), or Christyan Telech (ctelech@rjglaw.com) of our Business & Finance Department.


Restaurants and Bars in Yellow Phase Counties can Open Outdoor Seating Beginning on June 5th

Restaurant and Bar Owners: Governor Wolf has announced that, beginning on June 5th, restaurants and retail food service businesses located in counties in the “yellow phase” of the Process to Reopen Pennsylvania are permitted to add dine-in service in outdoor seating areas, provided that the restaurant complies with Commonwealth guidance for the restaurant industry. Further, retail food service businesses, including restaurants and bars, located in counties in the “green phase” are now permitted to provide dine-in service in both indoor and outdoor seating areas, so long as they strictly adhere to the requirements of the Commonwealth guidance. To read more about Governor Wolf’s announcement, click here: https://www.governor.pa.gov/newsroom/gov-wolf-issues-updated-green-phase-order-guidance-on-dining-and-professional-sports/.

If you operate a restaurant or bar and would like to learn more about the steps that must be taken to comply with the Commonwealth’s guidance for the restaurant industry, please contact Paul Rushton (prushton@rjglaw.com) or Christyan Telech (ctelech@rjglaw.com) of our Business & Finance Department. We can help!


Adopt a Formal COVID-19 Response Plan to Ensure Your Business is Prepared to Resume In-Person Operations During the “Yellow” Phase

As businesses prepare for their respective counties to reopen in accordance with Governor Wolf’s Process to Reopen Pennsylvania, owners should closely review the guidance issued by the Commonwealth concerning the requirements that must be addressed as businesses resume in-person operations during the “Yellow” phase. To effectively comply with such requirements, businesses should adopt a formal COVID-19 Response Plan that outlines how the business will address those requirements, including the designation of a “Pandemic Safety Officer” for the business and the posting of required notices at the place of business.

Rosenn, Jenkins & Greenwald, LLP is prepared to assist businesses in adopting a Response Plan in preparation for resuming in-person operations in the “Yellow” phase. Please contact Paul T. Rushton, Esquire (prushton@rjglaw.com) or Christyan A. Telech, Esquire (ctelech@rjglaw.com) if you are interested in learning more about these services.


The Small Business Administration has Resumed Processing Economic Injury Disaster Loan Applications

The Small Business Administration (“SBA”) has resumed processing loan applications filed under its popular Economic Injury Disaster Loan (“EIDL”) program. The SBA previously announced that it was no longer processing EIDL applications, as funding for the program had lapsed. Applications that were previously submitted to the SBA will be processed on a first-come, first-served basis. At this time, the only new EIDL applications that will be accepted are those filed by agricultural businesses. However, it is anticipated that the SBA may reopen the EIDL program for new applications from other sectors in the future.

If you require assistance with a pending EIDL application or are interesting in submitting an EIDL application, please contact Paul T. Rushton (prushton@rjglaw.com) or Christyan A. Telech (ctelech@rjglaw.com) of our Business & Finance Department.


Paycheck Protection Program May be Receiving Additional Funding This Week

Based on the latest news reports, it appears that the popular Paycheck Protection Program (“PPP”) will be replenished with limited additional funding this week. There is already speculation that the new funds, once available, will be depleted in a matter of days. PPP loans are expected to be in even higher demand during this application window as the Small Business Administration (“SBA”) is no longer currently accepting applications for its highly sought-after Economic Injury Disaster Loans. Accordingly, interested business owners should immediately contact their SBA-approved lenders to confirm their eligibility for a PPP Loan and to submit the necessary application and back-up documentation required to obtain such funds.

Addressing the requirements of PPP loans in such a limited timeframe can be overwhelming, but the Business and Finance Department at Rosenn Jenkins & Greenwald LLP is ready to assist business owners through this process. Please contact Paul T. Rushton (prushton@rjglaw.com), Lee S. Piatt (lpiatt@rjglaw.com) or Christyan A. Telech (ctelech@rjglaw.com) to discuss how our team can assist you in these difficult times.


Secretary of the Pennsylvania Department of Health Issues Order Directing Public Health Safety Measures for Businesses Permitted to Maintain In-person Operations

On April 15, 2020, the Secretary of the Pennsylvania Department of Health issued an Order directing that public health safety measures be put in place for those Pennsylvania businesses that are permitted to maintain in-person operations (other than health care providers) in order to prevent the spread of COVID-19. The Order, which took effect as of 8 p.m. on April 19, 2020, mandates that all such Pennsylvania businesses implement certain enumerated social distancing, mitigation and cleaning protocols. For example, each such business is required to establish procedures to be taken if it is discovered that the business has been exposed to a person who is a probable or confirmed case of COVID-19. The Order also requires that several other measures be taken by any such business that serves the public within a building or defined area. If you are a business that is permitted to maintain in-person operations, please contact Paul T. Rushton (prushton@rjglaw.com) or Christyan Telech (ctelech@rjglaw.com) of our Business & Finance Department to learn more about these requirements.


When Purchasing a “Distressed” Business, use Caution to Limit or Avoid Exposure to Liabilities

The purchase of a “distressed” business must be undertaken with a great deal of diligence and caution so as to avoid (or at least limit) the purchaser’s exposure to the liabilities of the distressed business. The attorneys in our Firm’s Business & Finance Department have considerable experience in assisting purchasers in navigating the myriad issues that arise in a transaction of such type. In addition to conventional purchases of a distressed business, we have also represented clients in connection with their purchase of the assets of a distressed business pursuant to a Uniform Commercial Code foreclosure sale or under a Section 363 bankruptcy sale. If you are considering the purchase of a distressed business, please contact Paul T. Rushton, the Chair of our Business & Finance Department, to learn more about these issues. Paul’s e-mail address is prushton@rjglaw.com.


Business Owners: Have You Considered Taking Proactive Measures?

Business owners should consider taking proactive steps to help mitigate the harsh impact of the COVID-19 crisis on their operations and revenues. For example, business owners should evaluate if some or all of the following steps are appropriate for their circumstances:

· contacting lenders to identify options to address debt payments;
· requesting the reduction or deferral of lease obligations;
· considering if any other operating expenses can be reduced, deferred, or eliminated;
· evaluating whether any workforce reductions, such as layoffs or furloughs, are prudent and/or necessary; and
· applying for one or more of the loan or other relief programs available to businesses adversely impacted by the Coronavirus pandemic.

The attorneys at Rosenn Jenkins & Greenwald LLP are ready to work with you through these challenges and identify opportunities to reduce the burden on your organization. Please contact Paul T. Rushton, the Chair of our Business & Finance Department (prushton@rjglaw.com), Thomas J. MacNeely, the Chair of our Real Estate Department (tmacneely@rjglaw.com), or James P. Valentine, the Chair of Labor & Employment Group (jvalentine@rjglaw.com), to discuss how our team can help with these issues.