Small Business

News & Analysis as of

The GAO’s Report on Contracting with ANC-Owned 8(a) Firms And Its Potential Impact on Tribally-Owned 8(a) Firms

The Government Accountability Office (GAO) recently issued a report, titled “Alaska Native Corporations: Oversight Weaknesses Continue to Limit SBA’s Ability to Monitor Compliance with 8(a) Program Requirements.” The report...more

Decision: Agencies Are Not Required to Accept Size Standards Increased After Solicitation is Issued

Recently, the U.S. Court of Federal Claims issued the decision in Orion Construction Co. v. United States, No. 15-1505C (Fed. Cl. April 1, 2016) which is a cautionary tale for all small business offerors regarding the risk of...more

What You Need to Know About Mergers and Acquisitions Involving Government Contractors and Their Suppliers

Volume 4 – Key Issues in Government Contracts Due Diligence - This posting is the fourth in our ten-part series on unique issues that arise in connection with mergers and acquisitions involving government contractors and...more

Fast track competition procedure claims another scalp

This case, being already the third since the new CAT Rules came into force on the 1 October 2015, is evidence that the new fast track procedure has been successful in encouraging claims against anti-competitive behaviour and...more

Best Practices Issued for Small Business Alternative Finance Industry

The Small Business Finance Association (SBFA) has issued "Small Business Finance Principles" that represent best practices for providers of merchant cash advances (MCA) and other companies in the alternative finance industry...more

Federal Crowdfunding: What Comes Next?

In our original article on this subject, “SEC Finally Adopts Federal Crowdfunding Rules: All That Glitters May Not Be Gold,” we discussed some of the highlights of the final federal crowdfunding rule (the “Regulation”)...more

Federal Crowdfunding: Practical Considerations For Interested Parties

This is the second of a series of articles on the final federal crowdfunding rule (the “Regulation”) recently adopted by the Securities Exchange Commission (“SEC”). As explained more fully in our original article, federal...more

Subcontracting Smart: Labor Relations and Subcontracting Plan Obligations Between Prime Contractors and Subcontractors

Labor & Employment - General Obligations - - Prime is on the hook - Flow down all obligations to the subcontractor - Comply with all applicable labor laws - FLSA, SCA, DBA, OFCCP -...more

CFPB hires Assistant Director for Office of Small Business Lending Markets; announces other senior leadership additions

Earlier this week, the CFPB announced the addition of several new members to its senior leadership team. The announcement included the news that the CFPB has filled the position of Assistant Director for the Office of...more

California Releases Marketplace Lending Data

The California Department of Business Oversight (DBO) has issued a summary report of aggregate data provided by the companies that responded to the DBO's online survey sent to 14 marketplace lenders engaged in online consumer...more

SBA’s New Itvar Size Rule

OVERVIEW - - History and proposed changes to SBA’s ITVAR size rule - What is SBA’s new ITVAR size rule? - Understanding the nonmanufacturer rule and waivers - What should ITVARs do now Please see...more

SBA Announces SBIC Model Limited Partnership Agreement Version 3.0

The U.S. Small Business Administration (SBA) announced posting of the Model Debenture SBIC Limited Partnership Agreement 3.0....more

Weekly Update Newsletter - April 2016

SMALL BUSINESS - Clauses With Alternates—Small Business Programs - The Department of Defense (DOD) issued a final rule amending DFARS to clarify clauses and their prescriptions for small business programs and to...more

Director Cordray defends CFPB positions in appearance before Senate Banking Committee; comments on small business lending and...

Much of Director Cordray’s testimony in his appearance before the Senate Banking Committee yesterday consisted of his predictable defense of various CFPB positions. While the hearing was much less contentious than last...more

Increased Suspensions and Debarments Bring Challenges for Small Business Contractors

Newly released Department of Defense statistics show that the number of suspension and debarment actions initiated by defense agencies continue to rise, in some cases significantly. For example, in fiscal year 2015, the...more

Private Secondary Markets and Rule 15c2-11

SEC Concerns with the “Piggyback” Exception of Rule 15c2-11 - Rule 15c2-11 (“Rule 15c2-11”) under the Securities Exchange Act of 1934, as amended (the “Exchange Act”), sets forth procedures for the submission and...more

California Approves Nation's First Statewide $15.00 Minimum Wage

Today California Governor Jerry Brown signed into law a sweeping plan that will eventually increase the statewide minimum wage from $10.00 to $15.00 per hour. While the state of New York announced a deal last week that will...more

California $15 Minimum Wage Bill Awaits Governor’s Signature

On March 31, 2016, the California legislature approved the nation’s highest statewide minimum wage. SB-3, approved in both the State Senate and Assembly, will increase the state’s minimum wage to $15.00 per hour by 2022. ...more

Medical Device Manufacturer’s Association Comments on Senate Hearing

The Senate Committee on Small Business and Entrepreneurship held a meeting titled “An Examination of Changes to the U.S. Patent System and Impacts on America’s Small Businesses” on February 25, 2016. ...more

Your IRA is NOT a Bank. Borrowing From Your IRA May Have Serious Tax Consequences

The U.S. Tax Court issued a Decision in Thiessen v. Commissioner that may have effect on many small business owners who have used their IRA's for financing purposes. In Thiessen, the taxpayers were found to have engaged in a...more

UK Financial Regulatory Developments - April 2016 #1

Basel Committee updates Basel III monitoring FAQs - The Basel Committee has published an updated version of its Basel III monitoring FAQs, including new questions on the “DefCap” worksheet, large exposures and the...more

Fix Crowdfunding Act Improves JOBS Act

The Fix Crowdfunding Act has been introduced by Representative Patrick McHenry, who was one of the architects of the FAST Act provisions simplifying securities laws. The Fix Crowdfunding Act increases the $1,000,000...more

Update to SBA’s New ITVAR Size Rule

Back in February, we wrote about SBA’s new size rule for IT value-added resellers (“ITVARs”) and the major ramifications of the new rule. The rule requires ITVARs to comply with the nonmanufacturer rule when reselling IT...more

CFOs of Smaller Reporting Companies May Be Considered “Covered Employees” for Purposes of Section 162(m)

The $1,000,000 limitation on deductions imposed by Section 162(m) of the Internal Revenue Code applies to “covered employees.” In Notice 2007-49, the IRS defined the term “covered employees” as follows...more

BETO Allocates $1.9 Million Small Business Vouchers Pilot, Opens Round Two

On March 10, 2016, DOE's BETO announced that $1.9 million has been allocated for biofuel, bioproduct, and biopower projects under its Small Business Vouchers (SBV) Pilot initiative. The grant money is the first of up to $20...more

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