Pepper Hamilton LLP

SBA Further Delays Rule on SBIC Passive Business Financing

The rule has been further delayed to enable SBA to consider further the rule's impact on the SBIC program and its participants, and to make necessary determinations regarding the rule’s effects on SBAs examination and…more
| Business Organizations, Finance & Banking

Rhode Island Supreme Court Rules That Despite Deference Afforded Arbitrator, the Award Must Be Vacated Where Arbitrator’s Decision Was Contrary to Contract Language

Nappa Constr. Mgmt., LLC v. Flynn, 2017 R.I. LEXIS 13 (R.I. Jan. 23, 2017) - Caroline and Vincent Flynn (the “Flynns”) contracted with Nappa Construction Management, LLC (“Nappa”) to construct an automobile repair facility…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Construction Law

SEC Modernization in Plain English: Decoding the Regulation

Practical points on managing SEC Modernization. INTRODUCTION - On October 13, 2016, the Securities and Exchange Commission (SEC) issued its final Investment Company Reporting Modernization rules and forms for the…more
| Commercial Law & Contracts, Securities Law

LendIt USA 2017 Recap Discussion [Audio]

Pepper had a large presence at LendIt USA 2017 on March 6-7, 2017 in New York City. We sat down with two members of Pepper’s Marketplace Lending team that were there to discuss their thoughts on the conference. Pepper…more
| Finance & Banking, Science, Computers, & Technology

Federal Court in California Rules That the Federal Arbitration Act Preempts California Statute That Requires Arbitrations Relating to California Construction Projects Take Place in California

Bell Prods. v. Hosp. Bldg. & Equip. Co., 2017 U.S. Dist. LEXIS 9183 (ND of Cal. Jan. 23, 2017) - A Contractor, Hospital Building and Equipment Company (“HBE”) entered into a subcontract with a mechanical subcontractor, Bell…more
| Alternative Dispute Resolution (ADR), Commercial Law & Contracts, Construction Law

Tax Update, Volume 2017, Issue 2

THE NEW REGULATIONS EXPAND THE FILING REQUIREMENTS FOR FORM 5472 TO INCLUDE DISREGARDED ENTITIES WITH FOREIGN OWNERS WHEN THERE ARE CERTAIN REPORTABLE TRANSACTIONS. If a non-U.S. person (individual or corporation) owns…more
| Taxation

Spoiler Alert: Rulings Expected on Uber and Lyft Independent Contractor Settlements

Judges in California will likely soon issue rulings affecting two ride-sharing companies, Uber and Lyft. Those connected with the Lyft case will be pleased because it is expected that a federal district court judge in San…more
| Civil Procedure, Labor & Employment Law

Practical Partnership Tips: Electronic K-1s and Addressing New Partnership Audit Rules: Tax Update Volume 2017, Issue 2

Partnerships and limited liability companies should begin thinking about addressing the issues presented by the new partnership law in their agreements, even if further changes will be necessary once regulations are issued…more
| Business Organizations, Taxation

Temple-Inland Decision Leads to Proposed Delaware Escheat Reform Legislation: Tax Update Volume 2017, Issue 2

The proposed reforms are a welcome change, specifically as they relate to lookback periods, electronic filing and limited compliance reviews. As a result of what some might view as a scathing decision by the U.S. District…more
| Business Organizations, Elections & Politics, Taxation

Combatting Foreign Tax Evasion With New Filing Requirements for Foreign-Owned Disregarded Entities: Tax Update, Volume 2017, Issue 2

If a non-U.S. person (individual or corporation) owns 100 percent of the stock of a U.S. corporate subsidiary, the subsidiary needs to obtain an employer identification number (EIN) and maintain adequate books and records to be…more
| Business Organizations, Finance & Banking, International Law & Trade, Taxation

Charitable Contributions: Acknowledgements, Appraisals and the IRS's Strict Rules: Tax Update, Volume 2017, Issue 2

Tax season has begun, and it is crucial for any taxpayer claiming a charitable contribution deduction to be aware of the acknowledgment rules. Before the taxpayer files a tax return claiming a charitable deduction of $250 or…more
| Nonprofit Law, Taxation

The New Tax Landscape for Investment Management

Gregory J. Nowak, a partner and practice leader for hedge funds in Pepper Hamilton’s Funds Services Practice Group hosts a series of candid, interactive discussions on what is going on now in the investment management world,…more
| Finance & Banking, Taxation

The New Tax Landscape for Investment Management [Audio]

Gregory J. Nowak, a partner and practice leader for hedge funds in Pepper Hamilton’s Funds Services Practice Group hosts a series of candid, interactive discussions on what is going on now in the investment management world,…more
| Finance & Banking, Taxation

Federal Court in Oklahoma Rules that Bond Issued on a Sovereign Tribal Construction Project is Not a Miller Act Bond Even Though it Stated it was Issued Pursuant to the Act and Named The United States As Obligee

United States ex rel. J.A. Manning Constr. Co. v. Bronze Oak, 2017 U.S. Dist. LEXIS 6054 (N.D. Okla. Jan. 17, 2017) - In May 2014 the Cherokee Nation issued a bid notice for bridge and roadway construction in Mayes County,…more
| Civil Procedure, Construction Law, Finance & Banking, Government Contracting, Indigenous Peoples

Remand Decision in Madden v. Midland Funding Raises Questions Regarding Choice of Law Clauses in Consumer Loan Agreements

A careful parsing of state laws should be done if a lender is relying on a choice of law to avoid states that have criminal usury statutes. On February 27, the U.S. District Court for the Southern District of New York…more
| Civil Procedure, Commercial Law & Contracts, Conflict of Laws, Finance & Banking
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