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Emerging Technology in the FY24 NDAA [Video]

In this episode of our Eyes on Washington Podcast Special Miniseries about the National Defense Authorization Act (NDAA), national security attorney Dan Sennott sits down with corporate and securities attorney David Cole and...more

Regulatory Phishing Podcast - The Impact of Cybersecurity Compliance on Corporate Transactions [Audio]

In this episode of “Regulatory Phishing,” Eric Crusius is joined by David Cole, a partner in Holland & Knight’s corporate and securities groups. Mr. Crusius and Mr. Cole discuss the role of cybersecurity compliance in...more

Lenders and Borrowers Beware: EIDL Fraud Alert

Holland & Knight has learned through customary deal due diligence that some borrowers – especially those who received a Paycheck Protection Program (PPP) loan through the U.S. Small Business Administration (SBA) – may have...more

Economic Aid Act Provides Second Draw PPP Loans

The Economic Aid to Hard-Hit Small Businesses, Nonprofits and Venues Act (Economic Aid Act), which was included in the Consolidated Appropriations Act, 2021, was signed into law on Dec. 27, 2020. The U.S. Small Business...more

PPP and the Economic Aid Act

President Donald Trump signed the Economic Aid to Hard-Hit Small Businesses, Nonprofits and Venues Act (Economic Aid Act), which was included in the Consolidated Appropriations Act, 2021, on Dec. 27, 2020. In turn, the U.S....more

SBA Issues Much-Anticipated Guidance Regarding Changes of Ownership in PPP Loans

Unforgiven Paycheck Protection Program (PPP) loans have created a great deal of consternation for PPP borrowers looking to engage in merger and acquisition (M&A) transactions, as well as other asset sale, equity and...more

Main Street Lending Program Documentation Provides Guidance for Borrowers, Lenders

In response to the coronavirus (COVID-19) pandemic, the Federal Reserve Board and the U.S. Department of the Treasury have unveiled the Main Street Lending Program (MSLP) — consisting of the Main Street New Loan Facility...more

New PPP Interim Final Rules Address Loan Forgiveness Requirements and Agency Review Procedures

The U.S. Small Business Administration (SBA) published two new Interim Final Rules (IFRs) on May 22, 2020, related to the Paycheck Protection Program (PPP) created by the Coronavirus Aid, Relief, and Economic Security Act...more

SBA Paycheck Protection Program Loans: Forgiveness Guidance, Part II

Employers rushed to apply for the first $349 billion in Paycheck Protection Program (PPP) loans made available under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), which Congress has increased to $670...more

New PPP Interim Final Rule Clarifies That Foreign Employees Count for Size

The U.S. Small Business Administration (SBA) published a new Interim Final Rule (IFR) on May 18, 2020, related to the Paycheck Protection Program (PPP) created by the Coronavirus Aid, Relief, and Economic Security Act (CARES...more

SBA Provides Safe Harbor for PPP Borrowers Receiving Less than $2 Million

The U.S. Small Business Administration (SBA) has released guidance just one day before its safe harbor repayment deadline of May 14, 2020, to help a Paycheck Protection Program (PPP) borrower determine whether it lacked a...more

Safe Harbor Deadline for Repayment of PPP Loans Extended from May 7 to May 14

The U.S. Small Business Administration (SBA), in consultation with the U.S. Department of the Treasury, has extended the deadline to repay Paycheck Protection Program (PPP) loans by one week. In further response to the SBA's...more

Treasury, Federal Reserve Release Final Main Street Facility Term Sheets

As previously reported, in response to the coronavirus (COVID-19) pandemic, the Federal Reserve and the U.S. Department of the Treasury unveiled two lending programs – the Main Street New Loan Facility (MSNLF) and the Main...more

Key Factors for Companies to Consider When Certifying Their PPP Need

The original intent of Congress was that the Paycheck Protection Program (PPP) would serve to disburse federal funds into the hands of many of the nation's employees who were either furloughed or soon-to-be furloughed as a...more

SEC Concept Release Requests Market Comment to Update Regulation S-K

HIGHLIGHTS: - The U.S. Securities and Exchange Commission (SEC) issued a 341 page concept release in April requesting market participants to comment on its proposals to update and modernize Regulation S-K. - The...more

NYSE Listed Foreign Private Issuers Now Required to Submit Unaudited Semiannual Financial Information

The New York Stock Exchange (NYSE) recently proposed to amend the NYSE Listed Company Manual to require foreign private issuers listed on the NYSE to furnish with the U.S. Securities and Exchange Commission (SEC) semiannual...more

In-House Counsel Risk SEC Enforcement for Some Confidentiality Agreements - Following Best Practices as Part of a Comprehensive...

Confidentiality agreements are boilerplate in many legal departments, but they shouldn't be. In-house counsel need to review all currently effective confidentiality agreements with anyone who could potentially be a...more

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