Pepper Hamilton LLP

U.S. District Court Upholds CLO Risk Retention Rule

Investment managers that wish to manage newly formed CLOs will need to have sufficient capital to retain the risk they are required to retain under the Rule. On December 22, 2016, the U.S. District Court for the District of…more
| Commercial Law & Contracts, Finance & Banking, Securities Law

December 2016 Independent Contractor Misclassification and Compliance News Update

In our update for last month’s developments in this area of the law, we report on five significant court cases involving companies in the transportation industry that use ICs as an integral part of their business model. Each of…more
| Labor & Employment Law

[Webinar] Should Your Fintech Company Apply for an OCC Charter? - January 24th, 12:00pm EST

During this webinar, panelists will address whether a fintech company should apply, and what is involved in obtaining the proposed fintech OCC charter…more
| Finance & Banking, Consumer Protection, Science, Computers, & Technology

New Temporary and Proposed Regulations Regarding Debt Allocations for Partnerships - 'Oh My' - Tax Update Volume 2017, Issue 1

Although There Are Aspects of the Regulations that Practitioners and Taxpayers Still Disagree With, There Are Others that Are an Improvement on What Was Proposed Earlier. From 2013 through 2014, the IRS and the U.S…more
| Business Organizations, Taxation

SBA Expands and Clarifies Ability of SBICs to Finance in Passive Businesses

New SBA rule affects the holding company and the blocker corporation exceptions for SBICs’ financing passive businesses. On December 28, the U.S. Small Business Administration (SBA) released a Final Rule modifying its…more
| Business Organizations, Commercial Law & Contracts, Finance & Banking

Applying the Look-Through Rules in Determining 'Investment Partnership' Status Under Section 721(b) - Tax Update Volume 2017, Issue 1

Careful Evaluation and Planning Should Be Undertaken When the Partnership Is Formed and When Assets Are Contributed to Evaluate the Potential Impact of Section 721(b). Many taxpayers choose partnership structures (including…more
| Business Organizations, Commercial Law & Contracts, Securities Law, Taxation

The IRS's Stricter(?) Stance on Regulated Investment Company Investments in Commodities - Tax Update Volume 2017, Issue 1

While the IRS's Proposed Regulations Are Not Yet Effective, RICs Should Carefully Consider Whether Their Portfolios or Policies Run Afoul of the New Rules. In order for a corporation to qualify as a regulated investment…more
| Commercial Law & Contracts, Finance & Banking, Securities Law, Taxation

What Do the Election Results Mean for the Financial Services Industry? [Audio]

With President-Elect Donald Trump taking office in a couple of weeks, we thought it was a good time to discuss a topic that a lot of our clients have been calling us about since November 9th - what does a Donald Trump…more
| Finance & Banking, Consumer Protection

The Changing Landscape of Housing Admissions for Landlords: Life in the Wake of the April 4, 2016 OGC Guidance

The message from HUD is certainly confusing: don't discriminate, but use your discretion. It is enough to strike fear into the heart (and liability insurer) of even a seasoned property owner and manager. The common advice to…more
| Administrative Law, Civil Rights, Real Estate - Residential

BREWBOUND SESSION SAN DIEGO 2016 [Video]

Alva C. Mather, a partner in and chair of Pepper Hamilton’s Alcoholic Beverage Industry Practice Group and co-chair of the Food and Beverage Industry Practice Group, spoke at this year’s Brewbound Session in San Diego — the top…more
| Business Organizations, Franchise Law

Leveraging Proportionality to Set Reasonable Limits on Discovery at the Outset

Plaintiffs should not be permitted to insist on an extensive discovery wish list but rather must make some showing that their requests are proportional to the needs of the case. A district court in California recently…more
| Civil Remedies, Electronic Discovery

Risks of BIM

When building information modeling (BIM) technology first gained widespread use, commentators warned of new legal risks posed by the information sharing and collaboration essential to the process. Contractors and designers…more
| Commercial Law & Contracts, Construction Law, Real Estate - Residential

Seasonal Affective Disorder - It Can Be More Than the Winter Blues

As the weather continues to get colder and the days get darker, some people may notice that they feel more tired, experience weight gain, or struggle to get out of bed in the morning. For most, these symptoms begin in the fall,…more
| Civil Rights, Labor & Employment Law

The Labor Department’s New Independent Contractor Misclassification Web Page: While It Is Likely To Confound Viewers, It May Prompt Workers to File Complaints and Businesses to Enhance Their IC Compliance

The U.S. Department of Labor reissued its resources on independent contractor misclassification and grouped them together with resources from other federal and state agencies on the subject. This appears to be the Labor…more
| Labor & Employment Law

New Uber Ruling Reveals Another Costly IC Misclassification Exposure for On-Demand Companies

Gig economy companies based on an independent contractor model beware. On December 14, 2016, a federal court in Pennsylvania denied a motion to dismiss an “on-call” wage claim in a class action lawsuit filed against Uber by…more
| Civil Procedure, Labor & Employment Law
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