Finance & Banking Government Contracting

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Maryland Purple Line Concessionaire Achieves Financial Close – Time to Build!

Financing for the Maryland Purple Line closed on Friday, June 17 – marking an important milestone for the Maryland Transit Administration’s (and Maryland Department of Transportation’s) plan to deliver a transit solution to...more

Saudi’s Vision 2030 – Why Government Capacity Building Is So Important

Introduction - Considering the complexity involved in developing a national public-private partnership (PPP) program, it is generally accepted that governments do not typically have the internal skill sets required to...more

Saudi’s Vision 2030 – The Challenge Of Implementation And Some Analysis On Institutional And Regulatory Public Private Partnership...

On 25 April 2016, Deputy Crown Prince Mohammed bin Salman announced Vision 2030, the Kingdom of Saudi Arabia’s vision for life without crude oil. It’s fair to say that the announcement has been positively received, both...more

P3s and Political Risk: Why Miami-Dade’s P3s Can Weather Political Climates

In an election year, investors pay careful attention to the political environments of jurisdictions that are seeking to develop public private partnerships (“P3” or “PPP”). Investment in pursuing a public infrastructure...more

Corporate Investigations and White Collar Defense - June 2016

Eye on the Supreme Court—Corruption and Fraud Edition - Why it matters: This session, the Supreme Court has undertaken the review of numerous cases that raise thorny issues arising in the white collar context. In our...more

The Rise of Social Impact Bonds

The social impact bond or pay for success program (“PFS program”) is an alternative private financing model used to test social impact programs before governments step up to finance such programs. In these programs the...more

Romanian Legal Update: New Package Of Laws On Public Procurement And Concessions Enters Into Force In Romania

Public procurement and concessions will be regulated by four new laws, namely (i) the public procurement law, (ii) the sectorial public procurement law, (iii) the concessions law and (iv) the law on remedies (the New Laws)....more

Banking & Financial Services E-Note - May 2016

The Southern District of New York has issued an opinion that permitted a debtor to reject certain gathering and condensation agreements as executory contracts. Because the midstream service sector finances the construction of...more

Weekly Update Newsletter - May 2016 #3

GOVERNMENT CONTRACTS - Debt Refinancing in 504 Loan Program - The Small Business Administration has issued an interim final rule that implements Section 521 of Division E, the Consolidated Appropriations Act, 2016,...more

HUD Proposes Expanding Indebtedness Eligible for Refinancing with FHA-Insured Loans

The U.S. Department of Housing and Urban Development (HUD) recently published proposed revisions to its Handbook covering its Healthcare Insurance Mortgage Program under Section 232 of the National Housing Act (the Section...more

The New Italian Public Procurement Code

The Italian Council of Ministers approved a new Legislative Decree reforming the Italian Public Procurement regulation, implementing Directives 2014/23/EU, 2014/24/EU and 2014/24/EU. On April 18, 2016, the Italian...more

South African Department of Energy calls for Expressions of Interest for 600 MW Gas Fired Power Plant

On 11 May 2016, the South African Department of Energy announced a call for expressions of interest for the appointment of strategic partners to assist state-owned companies in the development of a 600 MW gas-fired power...more

Second Circuit Rejects Broad Certification as Basis for False Claims Act Liability in Financial Industry

Today, the Second Circuit affirmed the dismissal of False Claims Act (“FCA”) claims against Wells Fargo, finding a general certification of compliance with “any laws or regulations” too broad to support an FCA action and...more

Why the SBA doesn’t like your power of attorney form: An estate planning trap for owners of certified small businesses with...

This article will review the second of two instances where it is very important to make sure your estate plan documents are in compliance with federal regulations if you are an SBA certified, economically-disadvantaged small...more

Presidential Decree on Construction and Infrastructure Projects in Azerbaijan

The President of the Republic of Azerbaijan has approved a Law On the Implementation of Special Financing for Investment Projects in Connection with Construction and Infrastructure Facilities, dated 15 March 2016. In...more

Illinois Governor Initiates Fight Against Health Care Fraud Amid Growing Deficit

As Illinois' finances continue to deteriorate and the budget crisis remains unsolved, the Rauner administration recently announced an initiative to focus on identifying and recouping health care fraud in Illinois. On April 5,...more

TN Republican Party Challenges MA Pay-to-Play Rules

On April 12, the Tennessee Republican Party filed a petition in the US Sixth Circuit Court of Appeals, seeking to invalidate the SEC’s approval of new rules extending the MSRB’s long-standing “pay-to-play” prohibitions to new...more

Will the DOJ Kill FHA Loans Through Their Use of the False Claims Act?

The purpose of the Federal Housing Administration (FHA) is "to help creditworthy low income and first time homebuyers, individuals and families often denied traditional credit, to obtain a mortgage and purchase a home." This...more

"SEC Extends Comment Period on Proposed FINRA Pay-to-Play Rule "

On March 29, 2016, the Securities and Exchange Commission (SEC) filed an order instituting proceedings (the Order) intended to determine whether to approve or disapprove Financial Industry Regulatory Authority (FINRA)...more

CFPB’s Office of Minority and Women Inclusion issues annual report

The CFPB’s Office of Minority and Women Inclusion (OMWI) has issued its third annual report to Congress covering the OMWI’s activities in 2015. The Dodd-Frank Act required the CFPB and various other federal agencies,...more

Why the SBA doesn’t like your joint trust: A common estate planning trap for owners of certified small businesses with government...

It is common for business owners to have different attorneys for their estate planning needs and their business law needs – sometimes, the two attorneys don’t even work for the same law firm. This article will review the...more

Avoiding Lost Sales Under Federal Grants and Loans

No business wants to voluntarily lose thousands, perhaps even millions of dollars in sales without a good reason. And yet, that is what many business unintentionally do, particularly businesses that sell to entities funding...more

Davis-Bacon Act Not Applicable to D.C. Public-Private Partnerships

In a sharp rebuke to the Obama Administration's Department of Labor (DOL), a unanimous panel of the U.S. Court of Appeals for the District of Columbia Circuit has ruled that the Davis-Bacon Act does not require payment of...more

Miami-Dade County Takes P3 Reform Further After Florida Passes New P3 Legislation

After months in several Florida House and Senate committees, the State Legislature finally passed two related bills that were both signed by the Governor at the end of April. Importantly, the first bill, SB 124, establishes...more

In the Global Trenches: Brazil’s Business Culture & Getting Things Done

Brazil is once again at the forefront of news. Ongoing corruption scandals plague the highest echelons of leadership. Impeachment hearings threaten the stability of the largest economy in South America....more

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