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CARRINGTON COLEMAN RANKED AS 2021 U.S. NEWS – BEST LAWYERS® “BEST LAW FIRM”

Carrington Coleman has again been recognized for its legal expertise and quality of law practice by U.S. News & World Report and Best Lawyers. For 2021, the Firm is ranked nationally in 5 areas and in 17 areas for the Dallas/Fort Worth metropolitan area. Seventeen Carrington Coleman attorneys were previously recognized as The Best Lawyers in America® 2021. Four Carrington Coleman associates were selected by Best Lawyers for the inaugural year of Best Lawyers: Ones to Watch.

Click on a practice area to learn more about our expertise.

NATIONAL TIER 3
Appellate Practice
Commercial Litigation
Corporate Law
Litigation – Regulatory Enforcement (SEC, Telecom, Energy)
Litigation – Securities

METROPOLITAN TIER 1 – Dallas/Fort Worth
Appellate Practice
Commercial Litigation
Construction Law
Employment Law – Management
Litigation – Construction
Litigation – Regulatory Enforcement (SEC, Telecom, Energy)
Real Estate Law

METROPOLITAN TIER 2 – Dallas/Fort Worth
Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law
Business Organizations (including LLCs and Partnerships)
Corporate Law
Family Law
Litigation – Intellectual Property
Litigation – Patent
Litigation – Securities

METROPOLITAN TIER 3 – Dallas/Fort Worth
Employment Law – Individuals
Environmental Law
Trusts & Estates Law

The U.S. News – Best Lawyers® “Best Law Firms” rankings are based on a rigorous evaluation process that includes the collection of client and lawyer evaluations, peer review from leading attorneys in their field, and review of additional information provided by law firms as part of the formal submission process. To be eligible for a ranking, a law firm must have at least one lawyer listed in the 27th Edition of The Best Lawyers in America© list for that particular location and specialty.

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

CARRINGTON COLEMAN MANAGING PARTNER HONORED AMONG TOP 100 TEXAS LAWYERS

Noted trial lawyer and managing partner of Carrington, Coleman, Sloman & Blumenthal, LLP, Monica Latin has been recognized as one of the Top 100 attorneys in the state in the 2020 edition of Texas Super Lawyers.

Ms. Latin, who also earned a place among the Top 50 female attorneys in the state and the Top 100 attorneys in Dallas-Fort Worth, joins a total of 13 firm attorneys who were honored across nine practice areas in the latest edition of the respected legal guide.

“This is a firm that is often associated with our litigation successes, but trial work is just one aspect of this multifaceted team’s expertise,” said Ms. Latin. “We are fully committed to our clients’ success and are pleased to see that work recognized over a wide range of practice groups.”

Carrington Coleman attorneys included in the 2020 Texas Super Lawyers legal guide are:

Cathy Altman, Construction litigation
Mike Birrer, Employee & labor
Lyndon Bittle, Insurance coverage
Neil Burger, Business litigation
Ken Carroll, Appellate
Bruce Collins, Business litigation
David Drumm, Real estate
Carmen Eiker, Family law
Kelli Hinson, Business litigation
Jason Katz, Business litigation
Monica Latin, Business litigation
Christie Newkirk, Employment & labor (employer)
J. Michael Sutherland, Business bankruptcy

Texas Super Lawyers is published by Thomson Reuters and appears in Texas Monthly and Super Lawyers magazines. Selection is limited to no more than 5 percent of Texas attorneys and is based on a statewide survey of lawyers and extensive editorial review.

Earlier this year, five firm attorneys – Parker Graham, Alex More, Debrán O’Neil, Andrea Perez, and Brent Rubin – were included in the 2020 edition of Texas Rising Stars. A companion guide to Super Lawyers, it recognizes attorneys age 40 or younger or who have been in practice for fewer than 10 years.

For more information on Texas Super Lawyers and Texas Rising Stars, visit http://www.superlawyers.com.

TDEM: “LAST CALL” APPLICATION DEADLINE.

Takeaways

In an October 2 letter, linked here, the Texas Department of Emergency Management (“TDEM”) released important deadlines impacting many Texas counties and municipalities that are eligible to receive distributions from the Coronavirus Relief Fund (“CRF”) through the State of Texas.

The October 16 cutoff is a hard deadline that cannot be overlooked by counties and municipalities. If the 20% allocation you receive is not used, you simply send it back to the State- no harm, no foul.

Most counties and municipalities can easily use their entire allocation to retroactively cover their public health and public safety payroll budgets dating back to March 1.

Deadlines

The deadline to submit the application for initial funding, which TDEM refers to as its “CRF Terms and Conditions,” must be submitted by October 16. This application consists of a short grant agreement and certification. This initial submission requires no supplemental documentation, and is a request to the State for 20% of a county or municipality’s designated allocation. Check your city’s or county’s allocation here.

Counties and municipalities must act quickly, especially if internal approval is required, as the deadline is only eight days away.

Two additional deadlines were also discussed in the letter, setting November 13 as the deadline for the application of additional upfront funds, and December 15 as the deadline for submitting documentation for reimbursement (the remaining 80% of the county or municipality’s allocation).

Carrington Coleman’s Suggestion Building Upon Its Per Se Rule

Counties and Municipalities should submit the CRF Terms and Conditions, requesting their 20% allocation, as soon as possible. If the decision is made to not use the funds, it simply must be sent back to the State by December 15- no harm no foul.

Our guidance throughout the past several months has largely revolved around the Per Se Rule regarding payroll expenses for public health and public safety employees. This was derived from Treasury’s initial Guidance and FAQs, which stated that payroll for employees “substantially dedicated” to mitigating COVID-19 was an eligible expenditure, that public health and public safety employees were presumed to be “substantially dedicated,” and therefore public health and public safety payroll was eligible.

TDEM has relied on this guidance as well, and we advocate all counties and municipalities to apply their initial 20% allocation to these costs, as well as apply for reimbursement using these costs. 100% of a local government’s allocation can be used to pay for public health and public safety payroll – and this can be applied retroactively. In essence, the allocation will be drawn down from the State, and applied to your previous payroll costs for these employees beginning on March 1, and extending until the allocation is exhausted. Due to the ratios of public health and public safety payroll budgets we have observed (where the payroll budget from March 1 – December 30 far exceeds a local government’s total allocation), all funds will be exhausted.

Questions? Please contact:

Bruce Hendrick Ted Harrington
bhendrick@ccsb.com tharrington@ccsb.com
214.855.3033 214.855.3115

 

Additional Information Links:

OIG FAQs Relating to Reporting and Recordkeeping (OIG-CA-20-028 REVISED 9/21/2020)

Treasury Guidance (Last updated September 2, 2020)

Treasury FAQs (Last updated September 2, 2020)

OIG FAQs Relating to Reporting and Recordkeeping (OIG-CA-20-028, released 8/28/2020)

TREASURY SIMPLIFIES RECORDKEEPING FOR PAYROLL COSTS

The US Treasury Office of Inspector General (“OIG”), the audit officials responsible for monitoring the Coronavirus Relief Fund (“CRF”), issued Frequently Asked Questions (“FAQs”) on August 28 that seemed to contradict Treasury’s initial Guidance concerning the eligibility of payroll expenses for public health and public safety employees.

Subsequently, eight state and local organizations penned a letter to OIG seeking clarification and resolution to the conflicting guidance, especially as the September 21 quarterly-reporting deadline approached.

Yesterday, on September 21, OIG released revised FAQs correcting their earlier guidance on August 28, returning to a reading consistent with Carrington Coleman’s Per Se Rule advice.

Carrington Coleman’s Per Se Rule

The Per Se Rule was derived from Treasury’s initial Guidance and FAQs, which stated that payroll for employees “substantially dedicated” to mitigating COVID-19 was an eligible expenditure, that public health and public safety employees were presumed to be “substantially dedicated,” and therefore public health and public safety payroll was eligible.

Additionally, this presumption was granted for administrative convenience, meaning these entire departments were eligible under the Per Se Rule, without the need to test or analyze the day-to-day change in job function for these employees.

On top of this, the supporting documents needed to establish these eligible costs were simple- standard payroll records and account ledgers demonstrating payment using CRF funds.

Confusion Created in August 28 FAQs

OIG released FAQs on August 28 that attempted to narrow the scope of the Per Se Rule, leaving local government officials to make determinations based on vague and conflicting guidance.

Based on released reporting describing how state and local governments were allocating their CRF funds, payroll costs for public health and public safety employees are an overwhelmingly popular expenditure category.

Because of resulting inconsistency and confusion, eight national organizations wrote to the OIG asking them to confer with Treasury and reconsider their August 28 FAQs.

September 21 Resolution

On the afternoon of September 21, OIG released updated FAQs clarifying their position on the eligibility and documentation requirements for public health and public safety payroll. FAQs 70 – 72 explain local governments “do not have to demonstrate/substantiate that a public health or public safety employee’s function or duties were substantially dedicated to mitigating COVID-19” thereby re-establishing Treasury’s presumption that these employees are substantially dedicated.

These FAQs also state that local governments “are not required to perform an analysis or maintain documentation of the substantially dedicated conclusion for payroll expenses of public health and public safety employees.”

It also reaffirms that these expenses, even if previously budgeted for in the FY 2020 budget, are eligible CRF expenditures.

Takeaways

Payroll for public health and public safety employees, dating back to March 1 and extending through December 30, is the most efficient and best use of CRF funds in many instances.

Reduced recordkeeping and generally large payroll costs make the Per Se Rule particularly powerful.

Questions? Please contact:

Bruce Hendrick Ted Harrington
bhendrick@ccsb.com tharrington@ccsb.com
214.855.3033 214.855.3115

 

Additional Information Links:

OIG FAQs Relating to Reporting and Recordkeeping (OIG-CA-20-028 REVISED 9/21/2020)

Treasury Guidance (Last updated September 2, 2020)

Treasury FAQs (Last updated September 2, 2020)

OIG FAQs Relating to Reporting and Recordkeeping (OIG-CA-20-028, released 8/28/2020)

 

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