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Inflation Reduction Act
Power Struggles: Maximizing Insurance Recoveries from Winter Storms
Record-breaking winter weather in Texas has had devastating impacts across the state, and challenges still remain. Millions of homes and businesses were without power, water, internet and other services, leaving employees unable to work and businesses unable to operate. Access...
COVID, Climate Change and ESG – The Future of Disclosures, SEC Enforcement, and Securities Litigation
There can be no doubt 2021 is already shaping up to be a watershed year, including on the SEC enforcement and securities litigation fronts. Pressure from all directions has been coalescing to drive change in the way companies report information...
What Labor Nominee Walsh Means for the Fiduciary Rule’s Future
On January 7, 2021, President-elect Joe Biden named Boston Mayor Martin Walsh as his nominee for Secretary of Labor. Walsh’s nomination raises questions for the future of the Labor Department’s (DOL’s) fiduciary rule , which regulates “investment advice fiduciaries” under...
Does Work-From-Home Work for Your Company's Cyber Insurance?
The start of a new year is always a good reminder to take some time to review key areas and assess whether changes are in order. There are many examples of this both personally and professionally, but a company’s insurance...
What Labor Nominee Martin Walsh Means for the Future of the Fiduciary Rule
On January 7, 2021, President-elect Joe Biden named Boston Mayor Martin Walsh as his nominee for Secretary of Labor. Walsh’s nomination raises questions for the future of the Labor Department’s (“DOL’s”) “fiduciary rule,” which regulates “investment advice fiduciaries” under the...
PPP 2.0: Expanded Lending For New and Existing Borrowers
After months of stalled negotiations, Congress has passed sweeping new COVID-19 relief legislation that, among other things, revitalizes and revises the Paycheck Protection Program. The new legislation reopens the program to first time borrowers, provides greater flexibility for how borrowers...
Revisiting Force Majeure and Other Contractual Considerations Amid COVID-19
In addition to the tragic human toll that it has caused, the coronavirus pandemic has also wreaked havoc on businesses throughout world, leaving countless companies and individuals unable to perform their contractual obligations. While many businesses have reopened since our...
New PPP Rules Governing M&A Transactions
The Small Business Administration issued long-awaited rules governing lender and borrower obligations when there is a change in ownership of an entity that has received a Paycheck Protection Program (“PPP”) loan. The new guidance, issued on October 2, 2020, eliminates...
Predictable unpredictability: stranded assets and the scope for disputes under PSCs
Summary In the current climate, many exploration and production companies are looking to reduce capital expenditure and to streamline their operations. They are also reassessing their demand and price forecasts and considering the impact on their balance sheets. In this...
PPP Reboot Likely to Include Second Round of Funding for Distressed Businesses
As Congress scrambles to craft the next phase of COVID-19 stimulus and relief legislation, both sides of the aisle appear to be in agreement on expanding the Paycheck Protection Program (PPP) to include more funds for small businesses that have...
Second Circuit Confirms U.S. Discovery Not Available in Private International Arbitrations
Special thanks to our 2020 Summer Associate, Meagan Maloney , for co-authoring this article. A ripening circuit split over the availability of U.S. discovery in foreign arbitration proceedings took another step toward a possible Supreme Court showdown with the July...
Second Circuit Upholds Regulation BI
As we reported in a previous alert, Regulation Best Interest (“Regulation BI”) was recently challenged in the Second Circuit by seven states and the District of Columbia, as well as two groups of investment advisors. On Friday, June 26, 2020...
SBA Issues Fresh Guidance and Streamlined Forgiveness Application
On June 16, the Small Business Administration released an updated PPP Loan Forgiveness Application ( SBA Form 3508 ) and a simplified version for certain eligible borrowers (SBA Form 3508EZ ), both reflecting program changes implemented by the recently-enacted Paycheck...
Regulation BI Challenged in Second Circuit
As we reported in a previous alert , the SEC and FINRA recently confirmed that Regulation Best Interest (“Regulation BI”) will go into effect on the scheduled compliance date of June 30, 2020, despite the impact of the COVID-19 outbreak...
Major Changes Coming To PPP With Paycheck Protection Flexibility Act
The Paycheck Protection Program Flexibility Act (PPFA), passed by both houses as of June 3, makes significant changes to the Paycheck Protection Program affecting both new and existing loans, including reducing the amount of loan proceeds that must be spent...