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Recent Presidential Order Unwinding ‎Real Estate Transaction Reinforces CFIUS’ Heightened ‎‎Enforcement Regime

On May 13, 2024, President Biden issued an order (the “Order”) prohibiting the purchase and requiring the divestment of certain real estate operated as a cryptocurrency mining facility located within one mile of Francis E....more

United States District Court Accepts the “Valid When Made” Doctrine

In Robinson v. National Collegiate Student Loan Trust 2006-2, the U.S. District Court for the District of Massachusetts accepted the validity of the “valid when made” doctrine. The District Court’s acceptance is noteworthy...more

States Sue OCC, Challenging its “True Lender” Rule

On January 5, 2021, the Attorneys General of New York, California, Colorado, the District of Columbia, Massachusetts, Minnesota, New Jersey and North Carolina (collectively, the “States”) sued the Office of the Comptroller of...more

OCC Issues Final Rule Addressing the “True Lender” Problem

On October 30, 2020, the Office of the Comptroller of the Currency (the “OCC”) published its ‎final rule (the “Rule”) that establishes when a national bank or federal savings association makes a ‎loan and is the “true...more

FDIC Follows OCC and Clarifies “Valid When Made” Doctrine

On June 25, 2020, the Federal Deposit Insurance Corporation (the “FDIC”) issued its final rule (the “FDIC Rule”) clarifying that an assignee of a state-chartered bank or insured branch of a foreign bank (a “state bank”) has...more

Main Street Lending Program – Federal Reserve Announces Expanded Access for Some Businesses While Affiliation Rules Restrict...

On June 8, 2020, the Federal Reserve announced that it is expanding the Main Street Lending Program (the “Program”) to allow more businesses to participate and to provide greater flexibility to borrowers in repaying loans...more

Help for Main Street: Borrower Certifications and Covenants for the Main Street Lending Program

On May 27, 2020, the Federal Reserve Bank of Boston (the “Boston FRB”), which will administer the Federal Reserve’s Main Street Lending Program (the “Program”), released updates to the Federal Reserve’s Frequently Asked...more

Help for Main Street: Lender Certifications and Covenants for the Main Street Lending Program

On May 27, 2020, the Federal Reserve Bank of Boston (the “Boston FRB”), the entity that will administer the Federal Reserve’s Main Street Lending Program (the “Program”), released additional details of the Program, most...more

OCC Issues Final Rule Clarifying the “Valid When Made” Doctrine

On June 2, 2020, the Office of the Comptroller of the Currency (the “OCC”) published its final rule (the “Rule”), clarifying that an assignee of a national bank has the right to collect interest at the same rate as the...more

Help for Main Street: Federal Reserve Bank of Boston Provides Updated Information on Main Street Lending Program

The Federal Reserve Bank of Boston (the “Boston FRB”), which will oversee the administration of the Federal Reserve’s Main Street Lending Program (the “Program”), has released updates to the Federal Reserve’s Frequently Asked...more

Proposed CFIUS Rule Would Alter Mandatory Declaration Requirements

On May 21, 2020, the Treasury Department published a Proposed Rule that would alter the Committee on Foreign Investment in the United States (“CFIUS”) regulations at 31 C.F.R. Part 800 in two important respects. First, the...more

Main Street Lending Program Updates Respond to Market Input but Leave Unsolved Problems

On April 30, 2020, the Federal Reserve released updated details of the Main Street Lending Program (the “Program”) in response to substantial input from market participants, industry groups and other stakeholders on the...more

Interim Treasury Rule Implements CFIUS Filing Fee

In August 2018, President Trump signed into law the Foreign Investment Risk Review Modernization Act (“FIRRMA”), which substantially expanded the power of the Committee on Foreign Investment in the United States (“CFIUS” or...more

Help for Main Street: Federal Reserve Provides Additional Guidance on Main Street Lending Program

On April 30, 2020, the Federal Reserve released updated details with respect to the Main Street Lending Program (the “Program”) in response to input from market participants, industry groups and other stakeholders on the...more

DOJ and FTC Provide Guidance on Expedited COVID-19 Impacted Business Collaboration Review

Businesses in various industries, particularly healthcare, are considering ways to work together in responding to the crisis caused by COVID-19 in the United States. Although cooperative efforts among competitors merit...more

Executive Order Provides Structure to Team Telecom’s Review of FCC Applications and Licenses

On April 4, 2020, President Trump signed Executive Order 13913 (the “Order”), providing a formal structure to the controversial “Team Telecom,” and clarifying matters related to foreign investment in the telecommunications...more

Help for Main Street: Treasury Department and Federal Reserve Announce Main Street Lending Facilities for Small and Mid-Sized...

On April 9, 2020, the Federal Reserve and the Secretary of the Treasury announced, pursuant to Title IV of the Coronavirus Aid, Relief, and Economic Security Act, or “CARES Act” and Section 13(3) of the Federal Reserve Act,...more

Risks from Abroad: COVID-19 Pandemic Slows Down CFIUS Review of Foreign Mergers and Acquisitions

The coronavirus outbreak has hindered many operations of the federal government, including the US review of mergers and acquisitions for potential national security threats. Due to a work-at-home work force and scarce...more

Massachusetts’ March 23 Directive Re: Restrictions and Essential Services During the COVID-19 Crisis

On March 23, 2020, Governor Charlie Baker issued a state-wide directive limiting gatherings in the Commonwealth to no more than 10 people and ordering the temporary closure of all physical locations of businesses that do not...more

New CFIUS Regulations Foreshadow an Increased Impact on the Insurance Industry

On September 24, 2019, the U.S. Department of the Treasury (“Treasury”) proposed regulations to expand considerably the scope of transactions subject to review by the Committee on Foreign Investment in the United States...more

Recent CFIUS Civil Monetary Penalty Suggests Heightened Enforcement Regime

On April 12, 2019, the Committee on Foreign Investment in the United States (“CFIUS”) posted a notice on its resources website page with little fanfare announcing the imposition of a civil fine on an unnamed party for...more

Music Modernization Act

On October 11, 2018, the Music Modernization Act (“MMA”) was signed into law. A product of unanimous, bipartisan support in both houses, the MMA, as its name suggests, reflects the efforts of Congress to modernize the legal...more

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