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D MAGAZINE “BEST LAWYERS IN DALLAS” 2021, CARRINGTON COLEMAN PARTNERS RECOGNIZED

We are honored to announce our attorneys that have been selected to D Magazine’s “Best Lawyers in Dallas 2021.” Carrington Coleman attorneys named to the exclusive list are: Cathy Altman, Construction Litigation; David Drumm, Real Estate; Whitney Keltch Green, Family Law; Kelli Hinson, Professional Nonmedical Liability Litigation; Monica Latin, Business/Commercial Litigation; Christie Newkirk, Labor & Employment; and Mike Sutherland, Bankruptcy & Workout.

Attorneys are first nominated for “Best Lawyers in Dallas” by their peers. Once nominated, a panel of attorneys reviews the nominations and selects the top attorneys in their practice area to compile The D Magazine “Best Lawyers” list. The complete list of Best Lawyers in Dallas is featured in the May edition of D Magazine and is available at www.dmagazine.com.

Whitney Keltch Green was also named to D Magazine’s 2021 “Best Lawyers Under 40 in Dallas” list, along with Carrington Coleman attorneys Alex More and Andrea Perez.

SIX CARRINGTON COLEMAN ATTORNEYS NAMED “RISING STARS” BY SUPER LAWYERS

Carrington Coleman is pleased to announce that six Carrington Coleman attorneys have been named “Rising Stars” by Super Lawyers. “Rising Stars” selection is a reflection of individual professional excellence, recognized by their peers. The Rising Stars list recognizes no more than 2.5 percent of attorneys in each state. To be eligible for inclusion in Rising Stars, a candidate must be either 40 years old or younger, or in practice for ten years or less.

Carrington Coleman “Rising Stars” and the area of law they were recognized in:
Parker GrahamEmployment & Labor
Whitney Keltch GreenFamily Law
Alex MoreSecurities Litigation
Debrán O’NeilBusiness Litigation
Andrea PerezBusiness & Corporate
Brent RubinBusiness Litigation

Debrán O’Neil had the additional distinction of being named to the Top 50 Up-and-Coming Women and the Top 100 Up-and-Coming lists.

AMERICAN RESCUE PLAN ACT: IMPACT ON TEXAS COUNTIES AND CITIES

(Last updated March 15, 2021)

Last week, President Biden signed the American Rescue Plan Act (ARP) to provide further economic relief to state and local governments, with $130 billion going directly to cities and counties.

In Texas, counties and cities together should receive $16 billion of ARP funds. These local governments should receive substantially more ARP dollars as compared to other federal dollars (e.g., CRF or ERA funds).

Below are the most important takeaways of the brand-new ARP rules.

Takeaways

1. Counties and larger cities will receive ARP funds directly from Treasury. Larger cities and counties will receive their ARP funds directly from the US Treasury. These local governments will receive their ARP funds automatically, i.e., there is no application or qualification requirement.

2. State involvement for smaller cities. Smaller cities will receive ARP funds through disbursements from the State rather than Treasury directly. It is unclear whether smaller cities will be required to apply through the State in order to receive their allocation (but this will likely involve filing an application with TDEM).

3. More cities can participate. Unlike previous rounds of relief to local governments, this round does not have a population threshold, with nearly everyone receiving some funding.

4. Extended period. The deadline for spending ARP funds is December 31, 2024.

5. Recoupment risk. The failure to comply with the ARP rules may result in clawback or recoupment from the US Treasury.

6. Timing of the distribution of funds occurs in two tranches over 14 months or more. Texas cities and counties will receive ARP funds in two tranches: the first tranche, consisting of 50% of a recipient’s allocation, and the second tranche made no earlier than 12 months after the first tranche is received. Treasury must disburse the first tranche of funds to larger cities and counties by May 10.

7. Distribution of funds to States and smaller cities. Treasury will disburse funds to each State within 60 days after receipt of the State’s required certification, and the State must disburse those funds to smaller cities within 30 days of receiving such funds from Treasury.

8. Broad eligible use. The eligible use of funds should fall into one of these categories:

      1. COVID-related expenditures (directly or indirectly related);
      2. Premium pay for essential workers;
      3. Government service programs under certain circumstances; and
      4. Necessary improvements in water, sewer or broadband infrastructure (whether related or not to COVID-19).

Treasury guidance will likely release guidelines and frequently-asked-questions with clarification in the coming weeks.

Resources

Statute: Included on NACO’s webpage:
https://www.naco.org/sites/default/files/documents/BILLS-117hr1319enr.pdf

Treasury: Guidance and FAQs (not currently available)

Allocation: https://www.democrats.senate.gov/final-state-and-local-allocation-output-030821

Other: National Association of Counties (NACO)

Texas Municipal League (TML) resources page

Carrington Coleman COVID-19 Legal Resource Center

Questions? Please contact:

Bruce Hendrick Ted Harrington Kylie Jennings
bhendrick@ccsb.com tharrington@ccsb.com kjennings@ccsb.com
214.855.3033 214.855.3115 214.855.3080
TEXAS’ MASK MANDATE: WHAT EMPLOYERS SHOULD KNOW

(Last updated March 14, 2021)

On March 2, 2021, Governor Greg Abbott issued Executive Order GA-34, which lifts Texas’ mask mandate and COVID-19 operating limits for certain businesses, effective Wednesday, March 10, 2021.  If the hospitalized COVID-19 patients in a Texas county exceeds 15% for seven consecutive days, the county judge may implement COVID-19 mitigation strategies; however, no penalty may be imposed for failing to wear a mask or violating an order issued in response to COVID-19 and no business may be required to operate at less than 50% of total occupancy.  Notably, the order does not preclude businesses from requiring employees or customers to follow COVID-19 mitigation measures, including wearing a mask.

Before lifting mask requirements, Texas employers should consider the broader implications of doing so, including potential liability from employees and customers. Specifically, employers should consider the impact of OSHA and CDC guidelines that still recommend masks in public settings as well as other COVID-19 mitigation measures. And, of course, employers need to ensure compliance with OSHA’s General Duty Clause which requires employers to provide employees a workplace free from recognized hazards that can cause harm or death. We also anticipate OSHA will issue a new emergency rule related to COVID-19 protections soon given President Biden’s January 21 executive order calling for such by March 15, 2021. The Biden Administration’s announcement that it will aggressively enforce compliance with OSHA’s workplace safety standards, especially related to COVID-19 mitigation, lends further credence to the importance of employers considering and, if appropriate, implementing (or sustaining) OSHA’s and the CDC’s recommendations. Given all of this, we urge employers to consult with their Human Resources organization or their legal counsel regarding the risks and benefits before changing any policy on masks.

Questions? Please contact:

Christie Newkirk
cnewkirk@ccsb.com
214.855.3020
COVID-19 (CORONAVIRUS) LEGAL RESOURCE CENTER

The Carrington Coleman COVID-19 Legal Resource Center is the collection of coronavirus related alerts to keep our clients apprised of potential legal issues that arise from the pandemic. If you would like to receive our alerts via email, please email us.

During this challenging and unsettling time, Carrington Coleman is here to help you and ready to respond to any legal needs you might have. Our attorneys are monitoring legislation, executive orders, and court orders that impact our clients and their legal matters. If there is a topic of interest or you have questions regarding our coronavirus related alerts, please contact one of COVID-19 response team:

   
David Heidenreich   Bonnie Barksdale   Lance Currie
dheidenreich@ccsb.com   bbarksdale@ccsb.com   lcurrie@ccsb.com
214.855.3031   214.855.3119   214.855.3122

Additional Relief and Flexibility Provided to PPP Borrowers by the Paycheck Protection Program Flexibility Act of 2020. (Last updated June 5, 2020)
Contact Attorney: David Heidenreich

Reopening Your Business in the Age of COVID-19: A Customer-Facing Approach. (Last updated June 1, 2020)
Contact Attorneys: Monica Gaudioso, Debrán O’Neil, and Andrea Perez

SBA Releases Two Critical Interim Final Rules On: (1) Paycheck Protection Program Loan Forgiveness; And (2) Review of Forgiveness Applications by Lenders and SBA. (Last updated May 27, 2020)
Contact Attorney: David Heidenreich

The SBA Releases Paycheck Protection Program Loan Forgiveness Application (SBA Form 3508). (Last updated May 18, 2020)
Contact Attorney: David Heidenreich

SBA Issues New Rule Allowing Increased PPP Loan Amounts for Certain Partnerships and Seasonal Employers Previously Caught in Gaps of Changing Rules. (Last updated May 14, 2020)
Contact Attorney: David Heidenreich

SBA Provides Much Needed Guidance on “Necessity” Certification for PPP Loans and Impact on the Forgiveness Process. (Last updated May 13, 2020)
Contact Attorney: David Heidenreich

Federal Reserve Reworks Main Street Loan Program; SBA Promises to Audit PPP Loans in Excess of $2M Before Forgiveness is Approved. (Last updated April 30, 2020)
Contact Attorney: David Heidenreich

CARES Act 2.0 – Additional PPP and EIDL Funding and More. (Last updated April 23, 2020)
Contact Attorney: David Heidenreich

So You’ve Successfully Applied for a PPP Loan, Now What? What You Need to Know About the PPP Forgiveness Process. (Last updated April 17, 2020)
Contact Attorney: David Heidenreich

CARES Act Provides Subsidies for Loan Payment Relief on Certain SBA Loans. (Last updated April 10, 2020)
Contact Attorneys: Bonnie BarksdaleMichael Lin

“I Need a Hero” – The Fed Comes to the Rescue with an Array of Weapons Aimed at Combating Economic Impacts of COVID-19; PPP Support, Main Street Business Loans and More. (Last updated April 9, 2020)
Contact Attorney: David Heidenreich

U.S. Small Business Administration (SBA) Issues Supplemental Interim Final Rule for Affiliation Rules Applicable to Paycheck Protection Program. (Last updated April 5, 2020)
Contact Attorney: David Heidenreich

U.S. Small Business Administration (SBA) Finally Issues Much Anticipated Interim Final Rule for Paycheck Protection Program Loans. (Last updated April 3, 2020)
Contact Attorney: David Heidenreich

Department of Treasury Posts Application Form for Paycheck Protection Program Loan with More Specific Guidance on Program. (Last updated April 1, 2020)
Contact Attorney: David Heidenreich

Federal Government Rushes Through Legislation Designed to Help an Expanded Universe of Small Businesses. (Last updated March 27, 2020)
Contact Attorneys: David Heidenreich, Bonnie Barksdale, Ted Harrington

SBA Disaster Relief Loans Offer Lifeline to Small Businesses Amidst COVID-19 Uncertainty. (Last updated March 25, 2020)
Contact Attorneys: Bonnie Barksdale, Hayden Baker, Michael Lin

COVID-19: Cash Preservation Solutions. (Last updated March 19, 2020)
Contact Attorney: Bruce Hendrick

Your Contracts and COVID-19: Force Majeure and Impossibility. (Last updated March 20, 2020)
Contact Attorneys: Lance Currie, Bonnie Barksdale, Cathy Altman, Michael Lin, Joshua Kipp, David Drumm, Charles Jordan

COVID-19 Family Law Update No. 5 (Last updated April 1, 2020)
Contact Attorney: Carmen Eiker

COVID-19 Family Law Update No. 4 (Last updated March 25, 2020)
Contact Attorney: Carmen Eiker

COVID-19 Family Law Update No. 3 (Last updated March 23, 2020)
Contact Attorney: Carmen Eiker

COVID-19 Family Law Update No. 2 (Last updated March 19, 2020)
Contact Attorney: Carmen Eiker

COVID-19 Family Law Update (Last updated March 13, 2020)
Contact Attorney: Carmen Eiker

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