Longtime readers of this blog know that Memorial Day is special around here. Memorial Day, of course, is the day established by General John A. Logan, Commander in Chief of the Grand Army of the Republic, when we pause to remember, and honor, those who gave, as Abraham Lincoln so eloquently expressed it,
John Gotaskie
What the Heck Does Yellow Phase Re-Opening Mean (Pennsylvania)? (Updated 5/31/20)

Let’s posit you have operations in Pennsylvania, where I live, and those operations are in located in one of the Northcentral or Northwestern Counties (including Erie) that went to Yellow Phase on May 8th, one of the Southwestern Counties…
THE BALLAD OF THE HARE AND THE TORTOISE: FASB delays ASC 606
Surprise! On April 8th, FASB delayed for one year the implementation of the new ASC 606 revenue recognition standards for private companies,[1] citing the coronavirus pandemic. In addition to delaying implementation, FASB indicated it would investigate “how to reduce implementation costs relating to applying Topic 606 to initial franchise fees.” While the…
SCOTUS Ends Willfulness Precondition for Profits in Trademark Cases
In a BIG win for brand owners, the U.S. Supreme Court has ruled that the plaintiff in a trademark infringement claim is not required to prove willfulness when seeking an award of a defendant’s profits under Section 1117(a) of the Lanham Act.
The high court’s unanimous decision in Romag Fasteners, Inc. v. Fossil Group Inc.…
A Rough Roll-Out for Payroll Protection Loans
Need and speed can be a dangerous combination. Just ask Peter “Maverick” Mitchell. That’s a lesson that lenders and borrowers are discovering with CARES Act Payroll Protection Program (PPP) loans. The CARES Act’s PPP provisions promise accessible liquidity support for franchises and small businesses. Indeed, Treasury Secretary Mnuchin said PPP or Emergency Income…
(Some) Good News: SBA Guidance Mostly Exempts Franchises from Affiliation Rules for Paycheck Protection Act Loans
On April 3, 2020, banks commenced taking applications for the Small Business Administration’s (“SBA”), Paycheck Protection Program (the “PPP”) loans, as provided in the Coronavirus Aid, Relief, and Economic Security Act aka the CARES Act. At the highest level, the PPP allows eligible businesses to borrow up to 2.5x average monthly payroll costs…
The CARES Act and Small Business Administration Loans
CARES Act: An Initial Review
As the effects of the COVID-19 outbreak evolve, we here at Fox Rothschild continue to update our Coronavirus Resource Center. Today, we’ve been hard at work reviewing the historic CARES Act and its over 800 pages of provisions.
Learn what’s contained in the $2.2 trillion CARES Act stimulus package and how it will affect…
You’re Worried? What To Do. NOW.
A recession is coming, if it is not already here. But this won’t be a recession like 2008. Back then, the banks threw you under the bus so that they could survive. Today, they are stronger. More importantly, they know they must partner with you. So your strategy must be different now.
UPDATED–PA COVID-19 Business Shutdown Exemption Requests

Yesterday, I noted that Pennsylvania Governor Tom Wolf had issued an order directing all “non-life-sustaining” businesses in the Commonwealth to close at 8 p.m. yesterday. His stated goal is to “manage the crisis as we see the full brutality of the virus in the coming…