As is reported here by Jennifer Baker of Fox 19, today Finney Law Firm filed suit against Dr. Amy Action, former director of the Ohio Department of Health, to allow planned summer music festivals to proceed.

Read the story here.

David Nethers of Fox 8 in Cleveland also has the story here.

Read the Complaint here.

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  • posted: Jun. 11, 2020
  • Todd McMurtry
  • Taxation

It should not take a pandemic to remind us all of our own mortality and the need to plan for our loved ones. However, the lethal spread of the COVID-19 virus highlights why it is so important to have a sound strategy in place to minimize taxes and maximize the value of your estate. We still don’t know when or how this national emergency will end, but there are steps you can take right now to adjust to the financial turmoil and protect the people who matter most.

Whether you believe your estate will be subject to estate tax or not, it’s worthwhile to review and possibly revise your plan based on potential changes such as:

  • Stock market losses — Most stocks have dropped sharply since coronavirus started causing widespread harm in the United States. In light of the decreased value and uncertainty ahead, you might want to check to see if your estate plan reflects your current intentions. While nobody likes to watch their stock portfolio drop, the hidden silver lining is that now may be a good time to transfer assets that have reduced in value to loved ones, saving room under the annual $15,000 tax exemption for gifts to each recipient.
  • Interest rate drops — With exceptionally low interest rates, legal instruments such as Grantor Retained Annuity Trusts (GRATs) and Intentionally Defective Grantor Trusts (IDGTs) can be especially advantageous when it comes to lowering your taxable estate. In an IDGT, the grantor sells an asset to the trust in exchange for a payment of above market return. Paying above market is less of a burden when the interest rate is near zero. The grantor pays income taxes during their lifetime, but the underlying assets in the trust are allowed to grow, tax free, passing to the person’s estate without such growth impacting the taxable amount.
  • Estate tax threshold — Right now, the federal estate tax exemption is at an all-time high of $11.58 million for an individual, double that for a couple. Given the amount of government money expended to deal with the coronavirus pandemic, it’s possible that the exemption could revert to its much lower level when the law is set to sundown at the beginning of 2026.

An attorney who is familiar with complex tax laws and the latest developments in this area can help you guard your estate’s value against present and future threats.

About Finney Law Firm, LLC

Founded in 2014, FLF has grown to 15 attorneys located in offices in Eastgate and downtown Cincinnati with five major practice areas: Corporate Law, Real Estate Law, Employment Law, Commercial Litigation and Public Interest and Constitutional Litigation.  FLF has the unique claim to three 9-0 victories at the United States Supreme Court for its public interest practice along with breakthrough class action work.

FLF also has an affiliated title insurance company, Ivy Pointe Title, LLC, that closes and insures nearly a thousand commercial and residential real estate transactions annually.

For more information about Finney Law Firm, visit finneylawfirm.com.

Media Contact: Mickey McClanahan; [email protected]; 513.797.2850.

 

Last night, Empower U, the Cincinnati Area Board of Realtors, the Ohio Real Estate Investors Association, and Finney Law Firm  co-hosted a webinar for more than 140 participants on the topic of PPP loan forgiveness.

As background, in April, we helped hundreds of Ohio businesses access PPP and EIDL loan funds (see this webinar for small businesses for and this webinar aimed at independent contractors).

But Part #2 of the PPP program is qualifying for and applying for loan forgiveness. If you don’t do Part #2 properly, you will have to re-pay the funds.

Rebecca L. Simpson and Congressman Dr. Brad Wenstrup gave a detailed webinar (with a great and detailed PowerPoint) on the rules and approach to obtain forgiveness.  That webinar is posted by Empower U here.

If you have further questions about the PPP or EIDL loan programs, contact Rebecca L. Simpson (513.797.2856).

 

How do you hold a corporate annual meeting when the entire country is in lockdown? On the surface, it might seem like a simple matter of using a favorite video conferencing tool and perhaps checking to see if it’s been hacked. Annual meetings for corporations are more than get-togethers. They are legally mandated proceedings that could put the company at risk if proper rules are not followed.

Before you break out Zoom, Skype or Google Meet, you should be familiar with the state laws, corporate bylaws and SEC regulations that apply to your business. Here are some tips to get you started:

  • The SEC issues up-to-date guidelines on best practices — Corporations that issue stock are required to hold annual meetings in compliance with state law. These meetings have notice, publication, procedural and voting rules. There are numerous regulations stating how a corporation must go about changing the date, time and location of a meeting. In light of the restrictions related to COVID-19, the SEC has issued helpful guidance about how to comply with these regulations.
  • States differ on the validity of virtual meetings — Whether a virtual meeting fulfills your company’s legal obligation depends on its state of incorporation. For example, Delaware allows virtual meetings, with no particularly onerous requirements or regulations. New York accepts hybrid meetings where parties can join in online, but there must be an in-person component.
  • Don’t forget your bylaws — Check your corporate bylaws to determine if a meeting conducted through an online communication tool is allowed, and to see what types of notice might be required.
  • Take security precautions — With millions more people working and attending classes virtually, it is not surprising that many of our online video conferencing providers have struggled. Some have had latency or downtime issues, while others have suffered security breaches. Before you select a vendor for your virtual meeting, you will need to ensure that the platform is secure enough for confidential corporate discussions and appropriate for your particular needs, particularly if a large group of stockholders requires access.

Along with making security and technical arrangements, it’s wise to work with a knowledgeable attorney who can outline the federal, state and internal regulations that must be considered when adjusting the format of a corporate meeting in reaction to the coronavirus pandemic.

About Finney Law Firm, LLC

Founded in 2014, FLF has grown to 15 attorneys located in offices in Eastgate and downtown Cincinnati with five major practice areas: Corporate Law, Real Estate Law, Employment Law, Commercial Litigation and Public Interest and Constitutional Litigation.  FLF has the unique claim to three 9-0 victories at the United States Supreme Court for its public interest practice along with breakthrough class action work.

FLF also has an affiliated title insurance company, Ivy Pointe Title, LLC, that closes and insures nearly a thousand commercial and residential real estate transactions annually.

For more information about Finney Law Firm, visit finneylawfirm.com.

Media Contact: Mickey McClanahan; [email protected]; 513.797.2850.

 

 

 

 

Jane Schulte, Small Business Solutions Group

 

 

We all know that body language sometimes speaks more clearly about what we are thinking than our actual words.  We know that crossing our arms while speaking (or listening) communicates that we may be closed off; rolling our eyes makes a statement that we don’t agree with what is being said; looking away may mean we are distracted or bored; and, avoiding eye contact when speaking may mean that we are not being forthright.

But there is also email body language which is the message you are conveying with the written word that may tell the recipient things about you or what you are thinking that you do not intend.

When dealing with people, remember you are not dealing with creatures of logic, but creatures of emotion. ~Dale Carnegie

Have you ever been the recipient of an email that leaves you scratching your head as to the intention behind the words? A lack of response which feels like you are being intentionally ignored? Or an email that was very short which felt as if the sender was being curt? We all have, and in defense of the sender, 99% of the time, they are well meaning and there are other reasons are behind the communication. Rushed for time, lack of proofreading or not responding because they do not have an answer (yet).

For Example

You receive an email from a client asking you a question to which you do not know the answer.  You forward the email to someone else in your office who does have the answer and assume they will get back to you within a reasonable time.  Meanwhile, the client waits for your response.  Your colleague gets busy and does not get back to you until a week later and you then answer your client.

What is the client left with?  The sense that you do not find them important or that you are too busy to handle their inquiry.  In other words, they picture you with your arms folded or visualize you as stressed out with no time to handle the details.  But that was not your intention at all!

How do we avoid this?  When someone emails you with a question you cannot answer, reply immediately that you will need some time to obtain the answer which tells them 1) you received their email; and 2) you are on it! Blind copy yourself and then drag and drop the email into your Outlook ™ tasks or calendar for the next day so you can follow up in a timely manner.

Diligent follow up and follow through will set you apart from the crowd and communicates excellence. ~John Maxwell

Draft like you are writing a letter

Draft as the author and proofread as the recipient. An email should be drafted like a letter in that it should have a greeting and closing (i.e. Good morning/afternoon with the person’s name and a thank you or have a good day at the end).  The body of your email should convey your message concisely so that no two minds can differ on what is being said or asked.  If you draft the email with the reader in mind, you can avoid multiple clarifying exchanges, saving time and of course, showing your attention to detail and professionalism.

The worst distance between two people is misunderstanding. ~Anonymous

Also, it is a good idea to:

  • Insert a meaningful subject line so the recipient knows the nature of your email
  • Proofread and do not rely on spell check
  • Attach the attachment before you draft the email, so you do not forget at the end
  • Insert the recipient’s email address at the end to avoid accidently sending the email before it is complete

At the end of the day, we are all human

Your email body language may leave someone wondering if you are a kind and caring person ready to assist them or an unfriendly and burdened individual that they are bothering.  Since we are all human beings dealing with other human beings, kindness always wins the day.  The more words you can use in your email that reflect kindness and clear information, will not only put you in a favorable light, but also make people feel welcome and that they made the right choice by doing business with you.

Take a few extra minutes to put warm touches on your email to brighten someone else’s day.  When you have clear, positive, and warm engagements in email, others will remember that and may even adopt some of your style so they can pass it on.

Use self-awareness, along with a critical inward lens, when drafting emails. Effective communication is at the heart of every good relationship both inside and outside of your business.

To learn more about effective communication and other Work Smart tools, contact Jane Schulte, 513.797.2855.

 

  • posted: May 26, 2020
  • Todd McMurtry
  • Taxation

The traditional tax day of April 15 has passed and millions of Americans are taking advantage of the three-month reprieve given by the federal government and many states in response to the COVID-19 pandemic. Depending on your individual circumstances, you might be looking to file as quickly as possible in order to collect your refund. On the other hand, problems accessing information or scheduling meetings with an accountant or tax preparer could push your submission closer to the revised deadline.

For filers and businesses alike, this is a necessary and welcome change, as many do not have access to their records and cannot get them while various parts of the country are in a lockdown. With the extension, you should have enough time to gather your records and pay — without penalty — at the later date. If you haven’t filed yet, you should know:

  • Federal filing and payment deadlines are extended — Initially, it appeared that the deadline for filing would not be extended, but the deadline for payment would be. However, subsequent events, the potential for confusion and the overwhelming effect of the pandemic led the federal government to push the deadline for both out to mid-July. Just as we cannot foresee how long the deadly COVID-19 threat will last, we cannot be sure if further extensions or adjustments will be made.
  • States are taking various approaches — Many states have also extended their tax filing and payment deadlines. Some have followed the IRS by moving the date to July 15. Others have closer deadlines, while some states aren’t offering relief. It is important for you to learn what the standard is in your state, so you should refer to an official website or reliable professional if you have questions.
  • Refunds are available — Some confusion might have been caused by the Coronavirus Aid, Relief, and Economic Security (CARES) Act. The process for sending stimulus checks authorized by that law used income and bank account information from tax filings to determine eligibility and transfer funds. If your income rises above a certain level, you are not eligible for those payments, but standard tax refunds are being paid promptly regardless of your income or the amount you expect to receive.

Even in the first two months since the coronavirus started causing widespread harm, numerous changes have affected personal and business taxation. For example, there is a recently announced paid sick leave tax credit which many businesses are likely to avail themselves of during this pandemic. Though no one can be sure what’s coming, a knowledgeable taxation attorney can keep you abreast of key developments.

About Finney Law Firm, LLC

Founded in 2014, FLF has grown to 15 attorneys located in offices in Eastgate and downtown Cincinnati with five major practice areas: Corporate Law, Real Estate Law, Employment Law, Commercial Litigation and Public Interest and Constitutional Litigation.  FLF has the unique claim to three 9-0 victories at the United States Supreme Court for its public interest practice along with breakthrough class action work.

FLF also has an affiliated title insurance company, Ivy Pointe Title, LLC, that closes and insures nearly a thousand commercial and residential real estate transactions annually.

For more information about Finney Law Firm, visit finneylawfirm.com.

Media Contact: Mickey McClanahan; [email protected]; 513.797.2850.

 

 

Attorney Christopher P. Finney

Finney Law Firm is proud to announce that Christopher P. Finney has recently become AV Preeminent Rated by Martindale-Hubbell. Martindale-Hubbell’s AV rating is the highest level of professional excellence at which a lawyer can be ranked in ability and ethics, and we are thrilled that Chris has achieved this honor.

The Martindale-Hubbell Peer Review Ratings System is based on the confidential opinions of members of the Bar and the judiciary. Martindale-Hubbell representatives conduct personal interviews with other members of the Bar to discuss lawyers under review. A consensus from fifteen judges and practicing attorneys is necessary to produce a rating. In addition, confidential questionnaires are sent to lawyers and judges in the same geographic location and/or area of practice as the lawyer being rated. Members of the Bar are instructed to assess their colleague’s legal ability and general ethical standards. Lawyers’ ratings serve as an objective indicator of a firm’s ethical standards and professional ability.

I am pleased to have reached this gold standard by this distinguished organization who has recognized lawyers for their high ethical standards and legal abilities for over a century. In an environmental where the market for legal services is highly competitive, the AV Preeminent Rating is a vital tool for prospective clients to evaluate a lawyer before engaging them for legal services.

~Chris Finney

The law firm itself received this rating back in March which provides the assurance that those needing legal services in the areas of Commercial and Residential Real Estate, Corporate Transactional, Business & Commercial Litigation, Labor & Employment Law, Small Business Solutions, Estate Planning & Administration, Public Interest Law, Bankruptcy, Personal Injury and Property Tax Valuation will receive a superior level of professional experience.

You can reach Chris Finney at 513.943.6655.

Attorney Rebecca L. Simpson

If you are one of the many small businesses that received a Paycheck Protection Program (PPP) loan, you’ve likely been wrestling with questions about how to make sure your loan is forgiven.  We blogged several days ago about the unanswered questions on forgiveness and the need for guidance from the SBA.

The SBA has now provided additional guidance on PPP forgiveness in its Loan Forgiveness Application, which you can find by clicking here.  You will submit this Application (or an online version of it) to your bank, or the holder of  your loan, to apply for PPP forgiveness.

The Application and its instructions provide significant clarification on what is required for forgiveness and what documents and certifications you will need to provide to your bank.  Here are some of the highlights:

In general, how is forgiveness calculated?

In general, forgiveness is calculated by adding your qualifying payroll costs to your qualifying non-payroll costs, and reducing that amount by “FTE” and “Salary/Hourly Wage Reductions” (if you did not maintain or restore levels of compensation and employment as required).  Once you do that calculation, if you spent at least 75% of your PPP loan on qualifying payroll costs, the total you spent on qualifying payroll costs and qualifying non-payroll costs (up to the total amount of your loan) can be forgiven. (Then, obviously, if you spent more than 75% of the loan amount on qualifying payroll costs, the loan will also be 100% forgiven.)

What are the major changes to PPP loan forgiveness guidance? 

The Application and its instructions provide significant new guidance on PPP loan forgiveness which changes and expands previous guidance. Here are some of the major changes:

  • Period you look at for forgiveness: Previously the SBA had issued guidance that PPP funds were to be spent and forgiveness was to be measured during the 8 weeks following the distribution of the funds to the borrower.  This is defined as the “Covered Period.”  The Application allows for a “Alternative Covered Period” for some purposes for borrowers with a biweekly, or more frequent, payroll schedule.  The Alternative Covered Period begins on the first day of the borrower’s first pay period following their PPP loan disbursement date.   If you are eligible for and choose to use the Alternative Covered Period, make sure you read the instructions closely as you fill out the Application, required PPP Schedule A to the Application, and the Schedule A worksheet.  Even if you choose the Alternative period, some calculations still require you to use the Covered Period.
  • When payroll is measured: The Application clarifies that qualifying payroll costs include those paid as well as those incurred during the 8-week Covered Period or the Alternative Covered Period.  So, for example, if you incur payroll costs prior to the end of the 8-week period, but those incurred amounts are not paid until your normal payroll date after the 8-week period, they still count in the forgiveness calculation.  The Application makes clear, however, that payroll costs incurred and paid in the 8 weeks can only be counted once.
  • Expansion of qualifying non-payroll costs: The Application confirms that only 25% of PPP funds can be used for qualifying non-payroll costs, and that those qualifying costs include mortgage interest, rent, and utilities.  The Application, however, expands the definitions of mortgage interest and rent to include not only interest and rent on real estate mortgages and leases, but also to “mortgage” interest and rent or lease payments on personal property.  Covered non-payroll costs count in the calculation of forgiveness if they are paid or incurred during the Covered Period (the Alternative Covered Period is not applicable to the calculation of qualifying non-payroll costs), and are on obligations that were in place prior to February 15, 2020.
  • Calculation of reduction of loan forgiveness if employee and/or compensation levels are not maintained as required: The Application provides tables to complete and detailed instructions on how to calculate the reduction in your loan forgiveness if, in general, you do not maintain your full time employee level or you decrease salaries and wages by more than 25% for any employee that made less than $100,000 annualized in 2019.  These calculations require you to analyze levels on an employee by employee basis during certain defined time periods and then compare those periods. The Application also confirms safe harbors for those who restore their employees and salary levels by June 30, 2020.

Conclusion

Although the Application and its instructions provide a great deal of guidance on PPP loan forgiveness, more guidance is still needed.  We anticipate that the SBA will, over the next several days and possibly weeks, issue further guidance. Finney Law Firm will stay on top of the latest and will update you though this blog.  And, if you have questions or need guidance on the Application or on the PPP in general, please contact Rebecca L. Simpson at 513.797.2856.

Finney Law Firm Business Manager Jane Schulte

Introduction:

Finney Law Firm’s new Business Manager is not an attorney, but an experienced and gifted executive for small businesses, a manager of people and capital resources.  She is the author of four published books, including Work Smart, Not Hard! and BOLD Leadership.  She will from time to time share her leadership and management insights in this blog.

__________________________

It looks like most small businesses are going to have to hit the reset button.  While we are busy “re-opening” and assessing our next steps, it is important not to lose sight of the vision and the dreams that brought us to starting our businesses in the first place.  So, let’s get back on track and begin with renewed energy and focus!

When times are bad is when the real entrepreneurs emerge.

– Robert Kiyosaki, founder Cashflow Technologies Inc.

When searching for ways to grow and attract more clients and customers to our businesses, we are sometimes puzzled by those who have mastered the art of success in a seemingly effortless way. What are their secrets?  They have figured out that success is the direct effect of working from the inside out.  In other words, getting the best out of the people on their team. They know that:

  1. Emotional and Creative Intelligent people are invaluable.

Hire employees with a high EQ and high CQ.  Individuals with high EQ (emotional quotient) soft skills are good at critical observation, problem solving, conflict resolution, project management, teamwork, and adaptability.  Individuals with a high CQ (creative quotient) are curious.  They have keen intuition, improvisation and see problems as opportunities.

The things we fear the most in organizations- fluctuations, disturbances, imbalances – are the primary sources of creativity.

– Margaret Wheatley

  1. All problems and all solutions boil down to one thing – communication.

Effective and ongoing communication is at the foundation of all successful businesses.  Business owners must practice listening empathetically without formulating a reply, understand others’ unique perspectives, and seek a win/win in every communication, to the extent possible.

  1. Change is good.

If you keep doing the same things and expect a different result, you will go insane.  Be open to new ideas and ways of conducting business.  Be flexible, curious and humble.  Attract disruptors – those individuals who can objectively see the company’s blind spots and help pave the way to innovative solutions to nagging, ongoing problems.

  1. Servant leadership works.

Show your employees that you care more about them as human beings than about how they can make money for your business.  If you have an issue with someone, confront it, as it will not go away on its own by sheer avoidance.  If you are clear, concise and kind in your delivery, most people will appreciate honest conversation and the ability to clarify a misunderstanding or the opportunity to perform at a higher level.  Be a mentor rather than a director.

  1. Not everyone is an entrepreneur.

Many business owners want to believe that their employees think like they do.  They do not.  If they wanted to be a business owner, they would be.  Put them in positions that play to their strengths so they can work to optimal capacity and allow them to perform work in their own natural way.

  1. Negative employees cannot remain.

As the saying goes, it only takes one bad apple to spoil the whole bunch.  Even employees who perform well can have an extremely negative effect on the business if they are not rowing in the same direction and are causing turmoil in the workplace.

  1. Governing by the dollar does not work.

Money is great – everyone needs it – but making money the primary objective skews thinking.  It can interfere with employee morale and individual self-esteem.  Not all work performed turns into revenue for a company (i.e. sales force versus administrative team).  However, one cannot exist without the other.  Build teams so strong that you cannot tell where one employee leaves off and the other one begins.  Incentivize the net result.

Chase the vision, not the money, the money will end up following you.

– Tony Hsieh, CEO Zappos

Conclusion:

To learn more about how you can recruit the best employees for your team, contact Jane Schulte, 513.797.2855.

Small business owners are necessarily prepared for various types of challenges, but what do you do when the government orders you to close for an indefinite amount of time? Unfortunately, the COVID-19 pandemic has put millions in this very difficult position. Even worse, it is still unclear in many places when authorities will allow businesses to reopen their doors, and what the U.S. economic landscape will look like when they do.

To address these concerns, the federal government has passed legislation designed in part to support small businesses throughout this crisis. Understandably, reaction has been overwhelming, but the different types of relief can be confusing, and a mistake that leads to a delay could be very costly. If you’re looking for assistance offered in the Coronavirus Aid, Relief, and Economic Security (CARES) Act, here’s what you should know:

  • Paycheck Protection Program — Much of the media coverage has been focused on the Paycheck Protection Program (PPP), which allows small businesses to apply through their local bank for up to $10 million or 2.5 times their average monthly payroll — whichever amount is smaller. If the funds received from the PPP loan are spent within eight weeks on payroll, mortgage payments or a few other necessary expenses that are outlined in the text of the law, the loan amount is forgiven, making this more of a grant than an actual loan.
  • Economic Injury Disaster Loans — This measure simplifies and expands upon the Economic Injury Disaster Loan (EIDL) program. Run by the Small Business Administration, the EIDL approval process has been streamlined and businesses can now ask for up to $10,000 as an advance on the loan. These amounts do not have to be repaid and can be granted regardless of whether the underlying loan is ever issued. Moreover, the collateral requirements that were previously in place for larger loans have been eased or eliminated.
  • Possible future modifications — Even in the first few days, the popularity of the programs caused delays and fears of depletion. Congress is expected to authorize more funds to back these loans, but small businesses might need tenacity, patience and assistance from an experienced adviser to keep up with the changes and secure the funding they need.

If you’re wondering which loan to pick, you can actually apply for both. Just remember that each loan has its own requirements for forgiveness. If you have difficulty applying for, or getting approved for, one of these loans, or if you have questions about whether your lender or the SBA is complying with the text of the law, consult a small business attorney on whether a suitable remedy is available.

About Finney Law Firm, LLC

Founded in 2014, FLF has grown to 15 attorneys located in offices in Eastgate and downtown Cincinnati with five major practice areas: Corporate Law, Real Estate Law, Employment Law, Commercial Litigation and Public Interest and Constitutional Litigation.  FLF has the unique claim to three 9-0 victories at the United States Supreme Court for its public interest practice along with breakthrough class action work.

FLF also has an affiliated title insurance company, Ivy Pointe Title, LLC, that closes and insures nearly a thousand commercial and residential real estate transactions annually.

For more information about Finney Law Firm, visit finneylawfirm.com.

Media Contact: Mickey McClanahan; [email protected]; 513.797.2850.