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Category Archives: Public Interest Law

Constitutional Law: Finney Law Firm and 1851 Center file suit against Dr. Amy Acton and Ohio Department of Health over COVID business shutdowns

Author By Christopher P. FinneyPosted on
Attorney Christopher P. Finney

Today, Finney Law Firm and the 1851 Center for Constitutional Law filed suit in Federal District Court in Columbus, Ohio to enjoin the mandatory “stay at home” orders of the Ohio Department of Health.  Named as a Defendant in the action Dr. Amy Acton in her official capacity as Director of the Ohio Department of Health.

The Plaintiff, Tanya Rutner Hartman, owner of Gilded Social: The Fancy Occasion Shop, a Columbus bridal shop, alleges that the official orders of Dr. Acton fail to have any meaningful due process protections built in for a fair hearing to determine what is an “essential” business and can stay open while the state imposes restrictions to prevent further spread of the virus.

The case has been assigned to Chief Federal District Court Judge Algenon L. Marbley for the Southern District of Ohio, sitting in Columbus. He has ordered the State of Ohio to brief the matter by 5 PM Friday, April 17, 2020 (tomorrow) and will hold a telephonic hearing Monday at 10 AM.  He has promised a decision by Wednesday, April 22, 2020.

A copy of the Complaint is here.

The news release from the 1851 Center is here.

A Cleveland.Com story on the case is here.

For more information, contact Maurice Thompson of the 1851 Center for Constitutional law  or Christopher Finney (513.943.6655).

 

Paycheck Protection Program: SBA runs out of authorized funds and stops taking applications

Author By Christopher P. FinneyPosted on

The stated desire of Congress and the Administration in the Paycheck Protection Program (“PPP”) has been to get money into the hands of business owners — and keep workers off the unemployment line — absolutely as quickly as possible.

But that hasn’t prevented the endless delays and bickering between the democrat House and the GOP Senate in getting full appropriation for the program approved.

Read here that the Small Business Administration website now reads that it is “unable to accept new applications for the Paycheck Protection Program based on available appropriations funding. Similarly, we are unable to enroll new PPP lenders at this time.”

Watch this blog for further updates and contact Rebecca L. Simpson (513.797.2856) for more information on this program.  She is keeping updated on the rules and the daily developments.

Paycheck Protection Program: SBA clarifies treatment of self-employed and independent contractors

Author By Rebecca L. SimpsonPosted on
Attorney Rebecca L. Simpson

Some of the most common questions about the Paycheck Protection Program (PPP) over the last couple of weeks have been how it applies to those who are self-employed and/or receive 1099 income.  The Small Business Administration (SBA) has now issued an “Interim Final Rule” addressing many of these questions.  Here are some highlights:

Eligibility

Those who have income from self-employment and file a Form 1040, Schedule C for tax purposes are eligible for the PPP if:

  1. You were in operation on February 1, 2020;
  2. You are an individual with self-employment income (such as an independent contractor or sole proprietor);
  3. Your principal place of residence is in the United States; and
  4. You filed or will file a form 1040 Schedule C for 2019.

One exception applies to partnerships and LLCs filing taxes as a partnership. In general, the partnership must file for the PPP rather than the individual partners.

Calculation of Maximum PPP Loan

  • If you have no employees, in general, your maximum loan amount will be 2.5 times your average monthly net profit, which is calculated using the amount on your 2019 IRS Form 1040 Schedule C Line 31 (the Line 31 amount is capped at $100,000)
  • If you have employees, you will also add in eligible amounts of your W2 payroll to employees in calculating your maximum loan amount
  • If you received and Economic Injury Disaster Loan (EIDL) between January 31, 2020 and April 3, 2020 that may impact your loan amount as well.

Forgiveness of PPP

The rules with respect to how self-employed individuals and independent contractors must spend the funds are similar to the rules for small businesses with one significant exception.  The amount that self-employed and independent contractors can spend on “payroll” for themselves (meaning net profits in their case) is capped at an amount equal to eight weeks worth of net profit (8/52 of 2019 net profits).

Conclusion

This new SBA Interim Final Rule also indicates the SBA will issue further guidance for individual with self-employment income who were not in operation in 2019, but who were in operation on February 15, 2020.

The Finney Law Firm will continue to post updates on the PPP.  If you have questions or need help with your particular situation, please feel free to contact Rebecca L. Simpson (513.797.2856).

Paycheck Protection Program: CARES Act checks protected from garnishments by Ohio state law

Author By Rebecca L. SimpsonPosted on

In a news release yesterday, Ohio Attorney General David Yost warned creditors that CARES Act checks are protected by Ohio state law.

“The stimulus checks were intended to be used during an emergency – to put food on the table, keep the lights on, and a roof over our heads,” Yost said. “It wasn’t meant to pay off an old bill.”

The law to which Yost is referring is Ohio Revised Code Section 2329.66 which exempts property from “execution, garnishment, attachment, or sale to satisfy a judgment or order” under certain circumstances including:

A payment in compensation for loss of future earnings of the person or an individual of whom the person is or was a dependent, to the extent reasonably necessary for the support of the debtor and any of the debtor’s dependents.

ORC Section 2329.66(A)(12)(d).

Ohio Attorney General Yost also posted a NOTICE OF APPLICAPBILITY OF STATE LAW EXEMPTION TO PAYMENTS UNDER THE FEDERAL CARES ACT on his website, which can be found here.  According to the Notice:

The payments under the CARES Act are in the nature of emergency support, designed to support basic needs of tens of millions of Americans. This is why debts owed to the Federal and State governments are not being withheld from the payments. Although there is no explicit exemption for CARES Act payments under federal law, Ohio law protects them.

In his notice, Yost indicates that the State of Ohio is reserving the right to enforce this state law against creditors who try to collect against these CARES Act checks.

Watch our blog for more updates, and feel free to contact Rebecca L. Simpson (513.797.2856) for more information.

Paycheck Protection Program: Attorney Rebecca L. Simpson provides update this morning on Local 12 live with Angenette Levy

Author By Christopher P. FinneyPosted on

 

This morning, Finney Law Firm attorney Rebecca L. Simpson appeared live with anchor Angenette Levy on Local 12 to discuss the latest developments with the Paycheck Protection Program.

You may watch the link here.

Attorney Rebecca L. Simpson has been our point person inside Finney Law Firm to research and keep updated on the PPP and to advise clients on the intricacies of how to access Paycheck Protection Program funds for their small businesses each step of the way.  She has already led three webinars on the topic, with two more to come this week.

Contact Rebecca L. Simpson (513-797-2856) for assistance with the program.

Paycheck Protection Program: Free Webinar Friday, April 17 for self-employed, 1099 contractors and sole proprietors

Author By Christopher P. FinneyPosted on
Attorney Rebecca L. Simpson
On Friday, April 17, at 9:30 AM, Finney Law Firm Attorney Rebecca L. Simpson will present “Powerful Assistance to Realtors under the Paycheck Protection Act” (“PPP”) to Realtor and affiliate members of the Cincinnati Area Board of Realtors. This special program is free to members and nonmembers.
  • Ms. Simpson has already conducted an extensive webinar on the PPP to EmpowerU. To date for live participants and those watching the recorded webcast (here) that message has reached more than 1,000 viewers. That webinar was primarily aimed at Part #1 of PPP, which dealt with employers with W-2 employees.
  • This program on the other hand primarily is aimed Part #2 of the PPP that just launched today (April 10, 2020):  1099 contractors, self-employed, sole proprietors (for example, real estate investors whose companies have no employees). Ms. Simpson also will explore the various situations of Realtor “Teams” with 1099 contractors and W-2 employees within the teams, part-time Realtors who may also have separate W-2 jobs, and other variables specific to Realtors.
CABR Members can log in to register here and nonmembers can register here. This program is free for both members and nonmembers.
Contact Christy Beaver (513.842.3011) at the CABR for questions about the program and registration.
Contact Christopher P. Finney (513.943.6655) or Rebecca L. Simpson (513.797.2856) for specific assistance for you or your company.
A detailed description of the PPP program is here.

Paycheck Protection Program: Borrowers are already receiving funds

Author By Rebecca L. SimpsonPosted on

I spoke with two clients last night, one who applied with First National Bank of Lebanon (only $25,000 in loan amount) and one who worked through Heritage Bank (based out of Northern Kentucky) who obtained $745,000.

So, the SBA is not messing around. As promised, these loan funds are being pushed immediately into the economy.

Stay tuned for more updates, and free free to contact Rebecca L. Simpson (513.797.6227) for more information.

COVID-19 Crisis: Finney Law Firm succeeds in helping local business remain open as “essential” during the crisis

Author By Christopher P. FinneyPosted on
Attorney Matt Okiishi

Congratulations is due to Finney Law Firm attorney Matt Okiishi who successfully sued today to force the Hamilton County Health Department to allow our client, Amazon Beauty Supply store in Finneytown, to remain open for business during the COVID-19 crisis.

The store, which sells beauty supplies, also markets soap, shampoo, other essential products and, most importantly, the much-sought-after N95 masks. The Hamilton County Health Department, noting that the store also sells non-essential supplies, had ordered them to be shuttered for the duration of the crisis, which for now extends through the end of May.

The business, an existing client of Finney Law Firm, asked us to sue to force the County to allow them to stay in business. We filed suit within 24 hours of first being contacted, and this afternoon our attorneys reached agreement with the attorneys from the Hamilton County Prosecutor’s office to remain open. The case was assigned to Judge Jody Luebbers who essentially told the parties to work the matter out amicably.  The parties did so, which included an agreement on the number of customers that would be permitted in the store at any one time.

Channel 12 carried the story this afternoon, and the video featuring attorney Matt Okiishi is here.

“There’s little more rewarding in the law,” said Finney Law Firm founder Chris Finney, “than standing an errant government official up in front of a Judge and making him account for his behavior. Today attorney Okiishi enjoyed that exercise and achieved the desired end for our client.”

____________________

For help when you need to stare down an over-zealous government actor, contact  Matt Okiishi (513.943.6659).

Paycheck Protection Plan: 4/2/20 Finney Law Firm/Empower U Webinar is posted here

Author By Christopher P. FinneyPosted on 1 Comment on Paycheck Protection Plan: 4/2/20 Finney Law Firm/Empower U Webinar is posted here

We thank Empower U for hosting a Zoom.Us webinar on the Small Business Administration’s new Paycheck Protection Plan (“PPP”) and Emergency Income Disaster Loans (“EIDL”) designed to help small businesses sustain through the unprecedented economic interruption brought on by the COVID-19 pandemic crisis.  The session was held on April 2, 2020 entirely virtual to remain safe.

The webinar video link is here.  Please feel free to share it with others.

The attorneys on this presentation and their contact information are;

Finney Law Firm is offering individualized assistance in navigating regulations and procedures surrounding PPP and EIDL applications.  For professional assistance, contact Rebecca L. Simpson.  If you or your business is encountering employment-related issues arising from the COVID-19 crisis, contact Stephen E. Imm.

If you liked this free video, please consider donating to EmpowerUOhio.Org to encourage this free programming.  Empower U has given more than 400 free adult education programs over the past decade, including valuable programming of this type.

There is a powerful feeling that the community is pulling together, rooting for one another, and digging deep to help each other, and we hope this information is helpful towards that end.

Also, we will continue to update the Finney Law Form blog to provide individuals and small businesses information on the programs that are available to help them through this crisis.

If you want to be added to the Finney Law Firm email updates, click here.

Free webinar tonight at EmpowerU on Paycheck Protection Program. Sign up here.

Author By Christopher P. FinneyPosted on

Join Empower U tonight from the comfort and safety of your home via your laptop, tablet or cell phone for a webinar on powerful tools for small business from the federal government in the CARES Act passed last Friday.

>>> The link to sign up for the free seminar is here. <<<

  • If you want to email questions in advance, click here.
  • For specialized assistance for your company, we are offering consultation through the program for a flat $1,500 fee to help businesses through the process.  Click here to get signed up and type “PPP” in the subject line of the email.
  • To have your email to be added to our firm mailing list and receive tonight’s PowerPoint, click here and say “add me to your list” in the subject line.

Joining us tonight are:

  • Attorney Rebecca L. Simpson who will lead the presentation primarily on Paycheck Protection Program and Economic Injury Disaster Loans available very shortly  to small businesses.
  • Attorney Stephen E. Imm who will answer questions of employers and employees about the COVID-19 crisis.
  • Melissa Knies from US Bank who will explain how to apply for the programs.
  • Attorney Christopher P. Finney will moderate.

We have a record audience for Empower U signed up for tonight. Please join us for this important program.

 

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