Author: Kim, Lahey & Killough Law Firm

by Kim, Lahey & Killough Law Firm

Doug Kim & Jason Rosen Selected to 2020 SC Super Lawyers® List

We’re proud to announce that Doug Kim and Jason Rosen have been selected to the 2020 South Carolina Super Lawyers® list. Each year, no more than five percent of the lawyers in the state are selected by the research team at Super Lawyers® to receive this honor.

Super Lawyers®, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement.

The annual selections are made using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area. The result is a credible, comprehensive and diverse listing of exceptional attorneys.

The Super Lawyers® lists are published nationwide in Super Lawyers® Magazines and in leading city and regional magazines and newspapers across the country. Super Lawyers Magazines also feature editorial profiles of attorneys who embody excellence in the practice of law. For more information about Super Lawyers®, visit SuperLawyers.com.

by Kim, Lahey & Killough Law Firm

Employer’s Guide: Back to Work Amid COVID-19

Mounting consumer and political pressure mean the U.S. will likely reopen for business in the coming weeks and months. As we know, South Carolina has already begun scaling back its emergency directives, but the path back to business-as-usual means employers should be taking steps now to best position themselves for compliance with the White House’s new guidelines on reopening the country in the wake of COVID-19.

The White House recently released its proposal for “Opening Up America Again,” which can be found at whitehouse.gov/openingamerica. The proposal sets forth guidelines for states to safely reopen themselves for business in a phased approach.

First, the Administration sets out a threshold “Gating Criteria” for states considering reopening for business. These criteria include downward trends in COVID-19 symptoms and cases, and hospital preparedness. Once the state has satisfied the threshold criteria, it is recommended they proceed to “Phase 1.” Generally, in Phase 1 employers are recommended to:

• Continue to encourage teleworking “whenever possible and feasible with business operations”
• “Return to work in phases” where and when possible
• Close common areas where employees “are likely to congregate and interact, or enforce strict social distancing protocols”
• “Minimize non-essential travel and adhere to CDC guidelines regarding isolation following travel”
• “Strongly consider special accommodations” for employees “who are members of a vulnerable population”

Phase 1 recommendations also speak specifically to certain employers, and set forth guidelines for those particular employers, namely schools and youth sports, large venues, gyms, and bars.

States and regions with no evidence of a COVID-19 rebound and that satisfy the gating criteria again are recommended to proceed to Phase 2. Phase 2 is less restrictive than Phase 1, in eliminating the recommendation to return to work in phases and minimizing non-essential travel, though the other recommendations to work from home, close common areas, and consider special accommodations for vulnerable populations remain.

States and regions with no evidence of a COVID-19 rebound and that satisfy the gating criteria for a third and final time are recommended to proceed to Phase 3. During this Phase, the administration advises employers to resume unrestricted worksites. However, guidelines for specific employers, namely large venues, gyms, and bars, retain notions of social distancing and standard sanitation.

by Kim, Lahey & Killough Law Firm

More Emergency Funding For Small Business

US Senate Expected to Close the Deal Today

The SC Chamber of Commerce has released a statement informing business owners that US Senate Democrats and Republicans are close to a deal for additional funding for the Paycheck Protection Program (PPP). The package, expected to be passed today in the Senate by unanimous consent, will likely allocate close to $400 billion total including funding for:

by Kim, Lahey & Killough Law Firm

Making Sense of SBA Emergency Assistance Loans

We understand many of you are trying to figure out how to best protect your family and business during this difficult time. Many of you are now eligible for relief. We stand by our clients and are here to help you determine your best strategy.

The Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) is the largest federal relief package in history and provides financial support and tax incentives for small businesses.

What types of loans are available?

SBA Emergency Loan Comparison Chart

Two of the loans available through the Small Business Administration are the Economic Injury Disaster Loan (EIDL) and the Paycheck Protection Program (PPP).

There is a forgiveness structure that can effectively turn a portion of the PPP loan into a grant and you may be eligible for a $10,000 emergency grant by applying for the EIDL.

It is important to determine which loan is right for your business. We can guide you through the process to help you achieve the best outcome.

We offer a consultation service that covers the following:

• Business Assessment
• Loan Strategy Discussion
• Review Required Document Checklist
• Business Documentation Review
• Loan Application ReviewSBA Emergency Loan Comparison-Final

Email Attorney Jason Rosen for more information: jrosen@kimandlahey.com.

Who Qualifies?

• A small business with fewer than 500 employees
• A small business that otherwise meets the SBA’s size standard
• A 501(c)(3) with fewer than 500 employees
• An individual who operates as a sole proprietor
• An individual who operates as an independent contractor
• An individual who is self-employed who regularly carries on any trade or business
• A Tribal business concern that meets the SBA size standard
• A 501(c)(19) Veterans Organization that meets the SBA size standard

In addition, some special rules may make you eligible:

• If you are in the accommodation and food services sector (NAICS 72), the 500-employee rule is applied on a per physical location basis
• If you are operating as a franchise or receive financial assistance from an approved Small Business Investment Company the normal affiliation rules do not apply

REMEMBER: The 500-employee threshold includes all employees: full-time, part-time, and any other status.

What documentation may you need?

While our firm is awaiting further guidance from the federal government regarding the loan application process, collecting the documents below is a good place to start. Insufficient documentation could delay the loan application. This list may change as more information becomes available.

• 2019 IRS Quarterly 940, 941 or 944 payroll tax reports
• Payroll reports for a twelve-month period (ending on your most recent payroll date), which will show the following information:

Gross wages for each employee, including officer(s) if paid W-2 wages.
Paid time off for each employee
Vacation pay for each employee
Family medical leave pay for each employee
State and local taxes assessed on an employee’s compensation

• 1099s for independent contractors for 2019
• Documentation showing total of all health insurance premiums paid by the company owner(s) under a group health plan. Include all employees and the company owners.
• Document the sum of all retirement plan funding that was paid by the company owner(s) (do not include funding that came from employees out of their paycheck deferrals). Include all employees and the company owners. Also include 401K plans, Simple IRA, SEP IRA’s.
• Company bylaws or operating agreement

by Kim, Lahey & Killough Law Firm

New COVID-19 Employment Laws to Consider

Temporary and permanent layoff and termination decisions are a difficult reality for many in the business community now. State agencies and the federal government are adjusting employment laws in response to the COVID-19 pandemic. If layoffs and terminations are your next moves, be sure to consider new laws that might affect those decisions.

Employers Allowed to File Unemployment Claims

The SC Department of Employment and Workforce is allowing employers who have to temporarily lay off workers to file claims for unemployment insurance benefits on their workers’ behalves, for up to six weeks. Doing this serves two purposes: (1) it exempts your employees from SCDEW’s typical work search requirement during the six weeks; and (2) your workers will be ready to get right back to work once you reopen for business. The claim must be submitted after the week of layoff is over, but within 14 days of the claim week ending date. Applications are available on SCDEW’s website.

New Federal Leave Laws In Effect

The “Families First Coronavirus Response Act” (FFCRA”) went into effect April 1, 2020, and effects many employees’ rights to leave. At bottom, the FFCRA requires covered employers to grant two weeks of paid sick leave to qualifying employees, and potentially an additional ten weeks of paid leave (the first ten days of which is unpaid) for employees caring for minor children whose schools or childcare facilities/ caregivers are closed or unavailable due to COVID-19. Whether your business qualifies as a “covered employer,” and whether specific employees qualify for the Act’s relief are fact-specific. As such, you should consult with an employment attorney about how the FFCRA may be implicated in your termination/ lay-off decisions.

We Can Help

We’re happy to help ease your burden during this difficult time. If you have questions about how these new laws may affect your business and your decisions about employees, please contact Attorney Casey Martens at cmartens@kimandlahey.com.

by Kim, Lahey & Killough Law Firm

US Patent & Trademark Office Waives Fees in Response to Coronavirus Outbreak

The United States Patent and Trademark Office (USPTO) issued a notice on March 16th to offer relief for certain inventors and entrepreneurs who were affected by the Coronavirus outbreak. The notice states the USPTO “considers the effects of the Coronavirus outbreak that began in approximately January 2020, to be an extraordinary situation within the meaning of 37 CPR 1.183 and 37 CPR 2.146 for affected patent and trademark applicants, patentees, reexamination parties, and trademark owners.”

Patent applicants will be able to file a petition to revive and the PTO will waive the fee for those who were unable to “timely reply to an Office communication due to the effects of the coronavirus outbreak, which resulted in the application being held abandoned or the reexamination prosecution terminated or limited.”

The petition to revive must include a copy of the notice and a statement that “the delay in filing the reply required to the outstanding Office communication was because the practitioner, applicant, or at least one inventor, was personally affected by the Coronavirus outbreak such that they were unable to file a timely reply.” The petition must be filed no later than six months after the date the application became abandoned or the reexamination prosecution was terminated or limited in order to be entitled to a waiver of the petition fee under 37 CPR 1. l 7(m).

The USPTO is also waiving fees for trademark applications and registrations that were abandoned or canceled/expired due to inability to timely respond to a trademark-related Office communication as a result of the effects of the Coronavirus outbreak, however, the petition must be filed no later than two months of the issue date of the notice of abandonment or cancellation. Download the full notice: coronavirus_relief_ognotice_031620201.

Questions or concerns about your Patents or Trademarks? Call us at 864-973-6688 for a consultation.

by Kim, Lahey & Killough Law Firm

Kim & Lahey Law Firm Named to “Best Law Firms” List 2020

by Kim, Lahey & Killough Law Firm

Using A.I. to Slash Shipping Costs | 2019 Supply Chain Innovation Award Winner

You’ve heard of SEO. How about SCO? It stands for Shipping Cost Optimization, a patent pending method of using artificial intelligence to slash shipping costs. This homegrown innovation, called IntelliPack, has thrust local entrepreneur, John Peck, CEO, President, & Co-Founder of FastFetch Corporation into the national spotlight.

Peck joined Katie Neau, RCI Supervisor of Snap-on Tools at the Council of Supply Chain Management Professionals’ (CSCMP) EDGE 2019 Conference on September 18, 2019, in Anaheim, California, for their presentation about “Using Artificial Intelligence to Slash Shipping Costs.” They beat out Silicon Valley giant Intel Corporation, as the winners of the 2019 Supply Chain Innovation Award (SCIA) .

Snap-on Tools is saving 11% annually on total shipping costs at its distribution center in Crystal Lake, IL. The initiative employs artificial intelligence to minimize wasted space in shipping cartons as well as new logistical processes to cut corrugated material costs by 20%, dunnage costs by 27% and packing labor costs by 30%. Peck says companies like Snap-on Tools often save an average of $18,000 per month on small parcel carrier shipping costs using his patent pending packing process.

It took Peck about six months to develop the new method. He says, “You have to be able to calculate the best box size for shipping an unpredictable collection of items of given sizes in less than a second. When someone orders online, that one order may have eight to 10 things in it. Each comes in different shapes and sizes and there are more than 100 boxes to choose from. Using the right size box is important.”

Doug Kim represents FastFetch. He says, “Because it’s our job to help with intellectual property protection, we get to see these inventions very early on. It’s exciting to see our clients be successful, to see an idea go from conception to commercialization.”

Peck’s method of using A.I. to slash shipping costs can virtually figure out how to place the items in the best sized box. “It’s going to make e-commerce affordable,” says Peck. “Consumers want free shipping, but someone has to pay for it. Our method ensures there is minimal wasted space. Smaller boxes means more packages can fit in each shipment. Instead of needing multiple trips, using multiple trucks or airplanes, now more can fit into each trip and that will help shipping companies become more efficient too.”

Congratulations to the entire FastFetch team! Watch the video below to see SCO in action.