Small Business

News & Analysis as of

D.C. Circuit Rules That the 8(a) Program is Constitutional, But Its Reasoning Raises Questions

On September 9, 2016, the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) issued a split decision holding that § 8(a) of the Small Business Act does not violate the Equal Protection Clause of the...more

Venture Exchange Regulation: Listing Standards, Market Microstructure, and Investor Protection

This summer, the House Financial Services Committee passed the Main Street Growth Act, which calls for legislative changes to promote the formation of venture exchanges. The idea that securities exchanges specially designed...more

Weekly Update Newsletter - September 2016 #3

GOVERNMENT CONTRACTS - Notice of Minimum Wage Rate Change for Contractors - The Wage and Hour Division of the U.S. Department of Labor issued a notice announcing that beginning January 1, 2017, the Executive Order...more

DOL Hosts Small Business Roundtable Regarding Fair Pay and Safe Workplaces Rule and Guidance

The Department of Labor ("DOL") recently hosted a Small Business Labor Safety Roundtable to discuss the new Fair Pay and Safe Workplaces Federal Acquisition Regulatory Council contracting regulation and the accompanying DOL...more

Recent Changes to the 8(a) Program Application Process

“They’re asking for what?” This is a not-so-uncommon response from small businesses applying to SBA’s 8(a) Business Development Program (“8(a) Program”), which is notorious for the amount of information – and paper – that...more

House Bill Would Ease Regulatory Restrictions to Private Fund Advisers

On September 9, 2016, the U.S. House of Representatives approved a bill that would amend the Investment Advisers Act of 1940 to modernize certain disclosure requirements and lessen regulatory burdens on private fund advisers....more

Is the SBA’s 8(a) Minority Business Development Program Constitutional?

The constitutionality of small business programs has been a significant topic of debate over the past few years. The U. S. Court of Appeals for the D.C. Circuit recently upheld the constitutionality of the Small Business...more

Fall 2016 SBIC Debenture Coupon Rates Remain at Historical Lows

In September 2016, the SBIC Funding Corporation completed a pooling of SBA debentures in the amount of $992,955,000. The SBA debentures have a coupon rate of 2.051 percent. This most recent pricing reflects a decrease from...more

The Financial Choice Act: Implications for the U.S. Securities Legal Framework

On September 13, 2016, the House Financial Services Committee of the United States House of Representatives (the “FSC”) formally released H.R. 5983, the “Financial CHOICE Act” (the “CHOICE Act”). While the CHOICE Act has...more

New Opportunities For All: SBA Expands The Small Business Mentor-Protégé Programs

On July 25, 2016, the Small Business Administration (“SBA”) released a much-anticipated Small Business Mentor Protégé Programs Final Rule that created a new expanded mentor-protégé program, modeled on the existing 8(a)...more

September 2016 Pooling Results in All-Time Record Low SBIC Debenture Rate

The September 2016 pooling of Small Business Investment Company (“SBIC”) debentures resulted in an annual interest rate pricing of 2.051%, which sets a new all-time record low rate for SBIC debentures. The previous record low...more

How Can My Unpopulated Small Business Joint Venture Get a Clearance?

When the SBA issued its final rule concerning its new Small Business Mentor Protégé Programs, it adopted a major change for 8(a) and small business joint ventures: no more populated joint ventures. Instead, the rule provides...more

International Entrepreneurs New Proposed Work Authorization for Founders of Start-Up’s And a Comparison to Other Visa Options

On August 31, 2016 the Department of Homeland Security (DHS) proposed an “International Entrepreneur” (I.E.) rule that would allow qualifying foreign investors to develop and grow their start-up companies in the United...more

House Passes Accelerating Access to Capital Act

H.R. 2357, the Accelerating Access to Capital Act, was passed by the House on Thursday, September 8, 2016 by a vote of 236-178. The bill contains three important pieces of legislation designed to facilitate the access to...more

U.S. House of Representatives Pass the Accelerating Access to Capital Act

Earlier today, the U.S. House of Representatives passed the Accelerating Access to Capital Act aimed at facilitating the formation of capital for U.S. small businesses. The measure is a package of three bills: H.R. 4850 –...more

Bussiness Litigation Alert: "When It's Time for the Next Generation to Take Over - Lessons from Viacom, Inc."

What happens when a company's strong, charismatic leader can no longer run the day-to-day operations due to failing health, personal issues, or the like? If the business has a transition plan in place, the company has been...more

Why Congress Should Act Quickly To Reauthorize SBIR, STTR

Despite bipartisan efforts, the future is uncertain for the by all accounts highly successful Small Business Innovative Research (SBIR) and Small Business Technology Transfer (STTR) programs. Authorization for the current...more

House Debate Scheduled for Bills Relating to Capital Access for Small Business

Next week, the House is scheduled to debate two bills designed to reduce regulatory burden on small businesses in order to facilitate access to capital. H.R. 5424, the Investment Advisers Modernization Act, was approved by...more

Proposed International Entrepreneur Rule Gives Startup Founders Temporary Stay in U.S.

The U.S. Citizenship and Immigration Services (USCIS) and Department of Homeland Security (DHS) last week proposed a new rule that will allow certain immigrant startup founders to receive “parole” or temporary permission to...more

SBA Will Begin Accepting Applications for the New Small Business Mentor-Protégé Program on October 1, 2016

Late last month, SBA published its final rule establishing a government-wide mentor-protégé program for all small business concerns called the All Small Mentor-Protégé Program. The rule is set to become effective on August...more

SBA Office of Advocacy to host Sept. 14 roundtable on CFPB payday loan proposal

The Small Business Administration’s Office of Advocacy will host a roundtable in London, Kentucky on September 14, 2016 on the CFPB’s proposed payday loan rule. As the Office of Advocacy is an independent office within the...more

U.S. Immigration Proposes Solution for International Entrepreneurs

Current visa options limit the ability of foreign national entrepreneurs to start and grow companies in the United States. As a result, the United States is less able to attract the world’s very best and most innovative...more

The “Shark Tank Visa”: Proposed Rule Opens Door for Foreign Entrepreneurs

Last Wednesday, the Department of Homeland Security (“DHS”) announced a proposal that would allow foreign entrepreneurs to enter the United States to operate high-growth, job-creating startup enterprises. As with other...more

Debt collection SBREFA panel meets with SERs

It has been reported that the SBREFA panel for the CFPB’s debt collection rulemaking met last week with small entity representatives (SER).  In anticipation of convening the panel, the CFPB issued an outline of the proposals...more

New Rule Finalizes Small-Business Subcontracting Changes

Regulatory amendments related to small-business subcontracting will take effect on November 1, 2016. On July 14, the Federal Acquisition Regulatory Council issued a final rule in the Federal Register to implement...more

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