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Inflation Reduction Act
SBA Revises Certification Rules: Safe Harbor for Loans Under $2 Million, Larger Loans Still Subject to Audit
The Small Business Administration has issued new guidance regarding the certification of necessity under the Paycheck Protection Program. Now, borrowers who received loans for less than $2 million -- roughly 98% of PPP loans to date -- will automatically “be...
SEC Leaders Ask Municipal Issuers for Voluntary COVID-19 Disclosure
On May 4, Securities and Exchange Commission Chairman Jay Clayton and Rebecca Olsen, Director of the SEC’s Office of Municipal Securities, issued a statement entitled “The Importance of Disclosure for our Municipal Markets” 1 stating that “in light of the...
IRS Relief for Governmental Issuers Seeking to Temporarily Buy Back VRDOs and Commercial Paper
Responding to volatility in the market and liquidity constraints caused by the COVID-19 pandemic, in Notice 2020-25 (the “Notice”), the IRS provides temporary relief for governmental issuers seeking to purchase their own tax-exempt variable rate demand obligations that are “qualified...
IRS Allows Telephonic TEFRA Hearings in Light of COVID-19
As a result of the prohibitions on public gatherings resulting from the COVID-19 pandemic, issuers of tax-exempt private activity bonds have been facing difficulty complying with the federal tax laws requiring that a public hearing be held to allow interested...
IRS Relaxes UBTI "Siloing" Rules for Most Exempt Organizations
On April 23, 2020, the IRS and the Treasury Department released Proposed Regulations that provide guidance for how tax-exempt organizations (“EOs”) conducting multiple unrelated trades or businesses can calculate their unrelated business taxable income (“UBTI”) in light of the enactment...
Labor & Employment Webinar: Have Questions? Get Answers
The volume of evolving information arising out of the coronavirus pandemic is astounding. How do employers sort through it all to know what is important for your company and role within the organization? Bracewell’s webinar aims to help. Our Labor...
Class Actions Begin: Plaintiffs Target Banks for PPP Loan Processing
A number of class-action lawsuits have been filed targeting national and community banks for their processing of loans under the Small Business Administration’s Paycheck Protection Program (PPP). It is not surprising that disputes have already arisen, given the swift creation...
COVID-19 Impact on US Renewable Energy Projects
The COVID-19 pandemic is raising numerous concerns for renewable energy projects under development in the United States. First, will Congress address renewable energy industry concerns in the coming round of the COVID-19 legislative debate, or soon thereafter, by extending renewable...
Creating a Roadmap for Banks to Mitigate Risk Under the SBA Paycheck Protection Program
On April 2, the Small Business Administration (“SBA”) issued the long-anticipated Interim Final Rule that sets out the current agency guidance regarding requirements that borrowers and lenders must follow in order to apply for and process loans, respectively, under the...
Force Majeure and Material Adverse Change in Reserve Based Lending (RBL): When Two Black Swans Collide
A “black swan event” is an unpredictable event that is beyond what is normally expected and which has potentially severe consequences. Black swan events are characterised by their rareness and severity. Independent exploration and production oil and gas companies (“...
Texas Community Bank Holding Companies may Conduct "Virtual" Shareholder Meetings
Texas community bank holding companies may want to reconsider plans for upcoming annual shareholder meetings in light of health, transportation and other logistical issues raised by the spread of coronavirus disease 2019 (COVID-19). Although Texas corporations are required to hold...
Amid "Stay Home. Work Safe" Orders, Community Banks Remain Open for Business Under Designation as "Critical Infrastructure Sector"
On March 24, 2020, Harris County Judge Lina Hidalgo, in coordination with Houston Mayor Sylvester Turner, issued a mandatory “Stay Home. Work Safe.” order, effective at 11:59 pm March 24, to preserve public health and safety in Harris County in...
COVID-19 and "Electronic" Execution of English Law Documents
In light of the on-going Covid-19 pandemic, many organisations are implementing remote working policies and limiting access to offices in order to effect social distancing measures. Notwithstanding the changes to usual working practices, organisations continue to enter into binding contractual...
President Trump Signs Families First Coronavirus Response Act
On March 18, 2020, President Donald Trump signed into law the Families First Coronavirus Response Act (the “FFCRA”). The FFCRA seeks to assist employees impacted by novel coronavirus (“COVID-19”) and applies to employers with fewer than 500 employees . The...
DOJ Wins Groundbreaking Arbitration to Resolve Merger Challenge
The U.S. Department of Justice Antitrust Division (DOJ) has prevailed in a first-of-its-kind arbitration, resolving its challenge to aluminum producer Novelis Inc.’s $2.6 billion proposed acquisition of rival Aleris Corporation. As a result of the arbitrator’s ruling in favor of...