Though we are a California based firm, through our membership association of over 190 independent highly-rated law firms worldwide, we provide clients with representation throughout the US and the world.
Representing Businesses and Their Owners
Since its inception, Coleman & Horowitt, LLP has focused its practice to provide a full range of services to businesses and their owners.
A Commitment to the Community
Coleman & Horowitt, LLP believes it’s not enough to merely provide exceptional service and advice to our clients. We also have a duty to serve the community.
We Have The Professionalism Of
25 YEARS OF SERVICE WITH OVER 100 YEARS OF EXPERIENCE
Coleman & Horowitt, LLP was established in 1994 by William H. Coleman and Darryl J. Horowitt.
Latest In The News
Return to Work (Part 2) – Employer Risk Assessment
Listen to the Episode Here Sherrie M. Flynn, a partner at the Firm joins Valley Innovators on the “Return to Work” podcast series discussing five key areas for employers to address for Return to Work (RTW) success. Learn about how performing a Risk Assessment and Site-specific Plan reduces employer business risk as employees RTW. Listen to it here or at Spotify here. Valley Innovators is a mission-driven company focused on education, mentorship, and access to capital for early-stage companies throughout California. Programs include online and in-person educational sessions, networking, and the professional resources needed for founders to scale their business. A pitch contest is held annually, where winners will receive cash prizes, marketing exposure, and other tools to help them succeed. Learn more about Valley Innovators at their website here: www.valleyinnovators.comlisten to the podcast
Latest In The News
Return to Work – Employer Rules & Regulations in COVID-19 Era
Listen to the Episode Here Gregory J. Norys, a partner with the Firm joined Valley Innovators recently on the “Return to Work” podcast series. In this episode Gregory provides an overview of rules and regulations for employers to consider as they reopen offices and retail locations in the COVID-19 era. He touches on employer guidance for work place safety, bringing employees back to work, COVID-19 testing, and employee benefits. Listen to it here or on Spotify here. Valley Innovators is a mission-driven company focused on education, mentorship, and access to capital for early-stage companies throughout California. Programs include online and in-person educational sessions, networking, and the professional resources needed for founders to scale their business. A pitch contest is held annually, where winners will receive cash prizes, marketing exposure, and other tools to help them succeed. Learn more about Valley Innovators at their website here: www.valleyinnovators.comlisten to the podcast
Latest In The News
A Letter to Our Clients and Friends: Coleman & Horowitt is Open for Business
Download a PDF version the letter here Shortly after Governor Newsom and the City of Fresno issued shelter-in-place orders, we at Coleman & Horowitt, LLP have been proactive. Though these orders allowed law firms to remain open as “essential businesses” we knew we could not continue business as normal. Instead, we took steps to protect our clients and employees by eliminating in- person meetings to the extent possible, and instead promoted video conferencing as an alternative. We allowed our employees – attorneys and non-attorneys alike – to work remotely and made sure our clients remained up-to-date on any COVID-19 related issues they may face via e-mail newsletters available on our website (see www.ch- law.com/covid). While we have not defeated COVID-19, and much work remains to be done until we get an “all clear” to return to our pre-COVID-19 lives, the shelter-in-place orders are being relaxed to the point that we can reopen our offices to employees and clients alike. While we will continue to provide the creative, responsive and value-driven representation our clients expect, we will do so in such a way that our clients and employees will be protected. Starting June 1, 2020, all of our offices will be open to clients and we will welcome back our employees who were working from home. To protect everyone, we will follow the guidelines provided by the CDC, state and local governments including: All employees and visitors will have their temperature taken and complete a health questionnaire to assure that nobody has COVID-19 symptoms Employees who are ill or have symptoms of COVID-19, have been exposed to individuals who were exposed to COVID-19 or caring for those with COVID-19 will be given leave to permit an effective self-quarantine Hand sanitizer will be available for use by clients and employees All employees will wear masks in the office and clients will be asked to wear a mask in meetings with attorneys All common areas will be frequently cleaned and disinfected We will continue to utilize video conferencing for meetings, depositions and mediations when available as they have proven to be a cost-effective method of conducting business and they lessen the chance of being infected We will continue to provide you with COVID-19 updates that affect your business because, while companies may be reopening, business and legal issues relating to the reopening, including the continued impact of COVID-19 to the court system, remain We know our worst days may not be behind us but we also know that by working together, our best days remain ahead of us. We stand ready to continue with our mission of helping businesses and their owners succeed. We therefore look forward to seeing you soon. Before closing, we at Coleman & Horowitt thank you, our clients and friends, for your support for the past several months. With your help, we were able to maintain our operations at full capacity without any reduction of employees. Thank you. If you have suggestions for us, please let me know. We want to provide you with the best service as we all move into the next stage of our recovery. Write to me at dhorowitt@ch- law.com or call me at (559) 248-4820 or (800) 891-8362. Darryl J. Horowitt Managing Partnerview the article
Latest In The News
SBA Clarifies that Certifications for PPP Loans Less than $2M are Presumed in Good Faith
By Darryl J. Horowitt Download the PDF of this article here The CARES Act authorized the issuance of Payroll Protection Program (“PPP”) loans through the SBA. Under the PPP, a qualified borrower was required to certify that “[c]urrent economic uncertainty makes this loan request necessary to support the ongoing operations of the Applicant.” When it came to light that certain publicly traded companies and large companies with access to capital received PPP loans in excess of $2 million, the SBA realized that more guidance was needed. The SBA responded by issuing interim revised FAQs. FAQ 31, issued in late April, reminded companies with access to capital that if they now believed their certification might have been in error, they could return the loan proceeds by May 7th and, if they did so, their certification would be deemed to have been made in good faith. Certain borrowers who received funds in excess of the $2 million threshold returned the funds. Others wanted more time. In response, the SBA has extended the date to return funds to May 18th, and have also indicated that if a borrower requested more time from the SBA to return the funds, the SBA would consider such requests. (See FAQ 47.) Businesses who received a PPP loan less than $2 million, or sought to apply for such a loan, might run afoul of the certification. For example, if these businesses had access to a line of credit, had some funds in their account they could use (even if the cash on hand might quickly run out if they were used for salaries), could furlough employees instead of using PPP funds and still get by, it might run afoul even though the express intention of Act was to keep employees employed instead of layoff or furlough. They worried that if they took the money, used the proceeds as contemplated, and the loan was forgiven, the SBA might still audit their loan and, if it determined in hindsight that the certification was not in good faith, they would have to pay back their loans. This caused many deserving businesses to consider either returning the funds they received, or not applying for the much needed financing in the first place. Fortunately, the SBA has issued guidance for companies who received a PPP loan less than $2 million. In FAQ 46, the SBA confirmed that “Any borrower that, together with its affiliates, received PPP loans with an original principal amount of less than $2 million will be deemed to have made the required certification concerning the necessity of the loan request in good faith.” In coming to this conclusion, the SBA determined that businesses with such loans are less likely to have access to capital or other sources of liquidity. It also determined that making this decision will promote economic certainty and the SBA would not have the resources to conduct audits for companies receiving less than $2 million given the volume of PPP loans made for less than $2 million. This is good news for small businesses. If you received a PPP loan of less than $2 million, or seek such a loan, you can breathe a bit easier. If you were wondering whether to apply for a PPP loan for less than $2 million, you can go ahead knowing the SBA will presume that your certification was made in good faith. For a copy of the SBA FAQs see: https://home.treasury.gov/system/files/136/PaycheckProtection-Program-Frequently-Asked-Questions.pdf As further information is disclosed that may affect you and your business, we will provide updates. If you have any questions in the meantime, please contact the author at (559) 248-4820, ext. 111 or email@example.com. This article was written by Darryl J. Horowitt. Darryl is the managing partner at Coleman & Horowitt, LLP, where he works in the firm’s litigation department and represents clients in complex business, construction, banking and real estate litigation, consumer finance litigation, commercial collections, casualty insurance defense, insurance coverage, and alternative dispute resolution. He has been named a Northern California Super Lawyer® (Thomson Reuters) in business litigation from 2006-2020, a Top 100 Northern California Super Lawyer® (Thomson Reuters) from 2015-2019, has received an AV®-Preeminent rating from Martindale-Hubbell and a perfect 10.0 rating from Avvo. He is a member of the Fresno County, Los Angeles County and American Bar Associations, the Association of Business Trial Lawyers (former President and Board Member). Darryl can be reached at firstname.lastname@example.org or (559) 248-4820, ext. 111.view the article
Latest In The News
COVID-19 Update: Additional Funding for Small Businesses
By Darryl J. Horowitt Download the PDF of this article here On April 23, 2020, in order to provide additional financial assistance to businesses, Congress enacted a $484 billion relief package entitled the “Paycheck Protection Program and Health Care Enhancement Act”, which was signed into law by the President on April 24, 2020. This legislation was deemed necessary due to the overwhelming success of the PPP loan program, which quickly exhausted the funds original appropriated. Of significance to businesses in the Act are: Congress provided an additional $310 billion in funding for the Paycheck Protection Program (“PPP”). The original $394 billion was exhausted within the first two weeks that applications for PPP loans were available. (Information on the PPP program is discussed in Daniel Rudnick’s Alert “Some Good News: How Businesses Benefit From The Recent Stimulus Legislation”, which can be found at https://ch-law.com/covid/.) Amounts appropriated for the Coronavirus Aid, Relief and Economic Security Act (the “CARES Act”) were increased. This provides additional funds for economic injury disaster loans (“EIDL”; loans which can be requested in addition to PPP loans), hospital and other medical providers’ recovery, emergency grants and COVID-19 testing. On the same date, the SBA issued additional FAQs to guide those who might seek a PPP loan. Generally, before a borrower can obtain a SBA backed loan, the borrower must certify they are unable to obtain financing elsewhere. When PPP loans were created, the legislation eliminated the need for such a certification. Instead, the PPP applications included a certification that “[c]urrent economic uncertainty makes this loan necessary to support the ongoing operations of the Applicant.” This removed the requirement for a bank to investigate whether the certification was or was not true. In light of the unflattering disclosures that several publicly traded and well-funded companies, as well as other, well-funded privately held companies, obtained millions in PPP loans, the SBA felt it necessary to clarify the meaning of the certification. In doing so, the SBA confirmed that the certification was to be made in good faith. Borrowers were to take into account the current status of their business, the funds that may arise in the future and the ability to secure funds from other sources to allow their business to engage in ongoing operations in such a manner that it would not substantially impact their business. In other words, if you have access to private funds (i.e., venture capital or private financing) or a public company with the ability to obtain financing from banks through traditional avenues, you need not apply. The FAQs further clarified that if a company obtained a PPP loan and now believes that its certification may not be accurate, it can voluntarily return the funds to the bank by May 7, 2020, and the SBA will deem the certification to have been made in good faith and lenders will not be required to perform any additional research to rely on a borrower’s certification. This implies that, if a company does not return the PPP funds it has received by that date, and the SBA later determines that the borrower had other access to capital and did not need PPP funds, that company might be subject to criminal action for submitting a false certification. The SBA may also impose a burden on an issuing bank to conduct a further investigation to determine if a certification was accurate for those companies that received more than $2 million in PPP loans. In fact, the FAQs indicate that companies that received $2 million or more may be subject to audit. PPP loan applications will soon be available. This second round of financing, like the first, will be first-come-first-served. If your company had an application already submitted, check with your bank to determine if your company must reapply. Similarly, if your company qualifies for a PPP loan and did not submit your application in the first round of funding, you should act quickly. Gather your documents. Carefully complete the application so it is ready to submit. Most importantly, evaluate your company’s financial condition and avenues for other financing to determine if your company can ethically sign the certification. The PPP process is anything but clear. The recently issued FAQs did little to fully explain what is and is not acceptable for small businesses that do not have the same access to capital as larger, more established businesses. If you have questions, talk to your banker and accountant. We are also advising companies of their options. If you have any questions, please contact the author at (559) 248-4820, ext. 111 or email@example.com. This article was written by Darryl J. Horowitt. Darryl is the managing partner at Coleman & Horowitt, LLP, where he works in the firm’s litigation department and represents clients in complex business, construction, banking and real estate litigation, consumer finance litigation, commercial collections, casualty insurance defense, insurance coverage, and alternative dispute resolution. He has been named a Northern California Super Lawyer® (Thomson Reuters) in business litigation from 2006-2020, a Top 100 Northern California Super Lawyer® (Thomson Reuters) from 2015-2019, has received an AV®-Preeminent rating from Martindale-Hubbell and a perfect 10.0 rating from Avvo. He is a member of the Fresno County, Los Angeles County and American Bar Associations, the Association of Business Trial Lawyers (former President and Board Member). Darryl can be reached at firstname.lastname@example.org or (559) 248-4820, ext. 111.view the article