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Health Care Triage: Health Care Transactions Trends in 2021 and Beyond

In this week’s episode, Josh Skora interviews Rick Giovannelli and Ken Marlow about current trends in health care transactions, with a particular focus on how COVID-19 has affected pricing considerations and the appetite for...more

SBA Publishes Shuttered Venue Operator Grant Informational Web Page

On 22 January 2021, the U.S. Small Business Administration (SBA) posted preliminary guidance relating to Shuttered Venue Operator grants (SVO grants). The SVO grant program was enacted by sections 278(d) and 324 of the...more

SBA Publishes PPP 3.0 Regulations and PPP Second Draw Loan Regulations

On Wednesday, 6 January 2021, the U.S. Small Business Administration (SBA) released new guidance on the existing Paycheck Protection Program (PPP) under Sections 1102 and 1106 of the Coronavirus Aid, Relief, and Economic...more

COVID-19: New SBA Forms Asking Key Necessity and Liquidity Questions

Borrowers of Paycheck Protection Program (PPP) loans of US$2M or more will be required to complete a new form as part of the Small Business Administration (SBA) review process, which appears to ask key questions about private...more

COVID-19: Buying and Selling PPP Borrowers

INTRODUCTION - More than 4.5 million U.S. businesses have received loans through the Paycheck Protection Program (PPP), which was created under the Coronavirus Aid, Relief, and Economic Security Act (the CARES Act). PPP loans...more

COVID-19: Federal Reserve Board Expands Terms and Conditions of Main Street Lending Program to Improve Accessibility to Small and...

On June 8, 2020, the Federal Reserve Board (FRB) updated the terms and conditions to the Main Street Lending Program (the Program): the Main Street New Loan Facility (MSNLF), the Main Street Priority Loan Facility (MSPLF),...more

COVID-19: Analysis of Federal Reserve “Main Street” Liquidity Program

On April 9, 2020, the Federal Reserve Bank announced preliminary details of two new loan facilities of up to $600 billion dollars, offered as part of the Coronavirus Aid, Relief, and Economic Security Act, or “CARES Act.”...more

Together but Separate: First Circuit Holds Private Equity Funds are Not Liable for Portfolio Company Pension Obligations

Private equity sponsors recently won a significant court victory that may result in increased appetite for transactions involving companies with unionized workforces. ...more

Delaware Chancery Court Makes Groundbreaking “Material Adverse Effect” Finding Allowing Buyer to Terminate Merger Agreement

In a landmark decision, a Delaware court has, for what is widely believed to be the first time ever, found that a material adverse effect actually occurred in an acquisition transaction, giving the buyer a right to terminate...more

Recent Case Interpreting Voting Agreement Highlights Delaware Law Traps

A recent order by the Delaware Court of Chancery that interprets standard venture capital financing documents invalidated action taken by the holders of a majority of the common stock of a Delaware corporation to remove and...more

No Safe Harbor for “Overarching Transfer”: Trustee Can Avoid Payments Passing Through Financial Institutions

On February 27, 2018, the Supreme Court issued a significant decision that will increase the exposure of debt and equity investors that receive payments from all kinds of highly leveraged transactions, including leveraged...more

Carolinas Corporate Update

We are pleased to share the following representative engagements from 2014: Strategic M&A - We advised private and public companies and their subsidiaries, both domestic and foreign, in their merger and...more

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