A recent U.S. Federal Trade Commission (“FTC”) antitrust lawsuit against a private-equity owner of a large anesthesiology practice in Texas demonstrates that the FTC has begun to implement its more aggressive focus on the...more
On July 13, 2023, the U.S. District Court for the Southern District of New York issued an important decision on a closely watched securities case surrounding crypto token classification. The primary question for the Court in...more
7/27/2023
/ Classification ,
Corporate Counsel ,
Crypto Exchanges ,
Cryptocurrency ,
Investment ,
Motion for Summary Judgment ,
New Regulations ,
Ripple ,
Securities Act of 1933 ,
Securities and Exchange Commission (SEC) ,
Securities Tokens ,
Token Sales
On November 28, 2022, the U.S. Department of Health and Human Services (“HHS”) proposed sweeping changes to the rules that govern use and disclosure of protected health information (“PHI”) about patients receiving substance...more
1/23/2023
/ Breach Notification Rule ,
Department of Health and Human Services (HHS) ,
Enforcement ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HIPAA Privacy Rule ,
HITECH Act ,
Notice of Proposed Rulemaking (NOPR) ,
Patient Rights ,
Penalties ,
PHI ,
Proposed Rules ,
Substance Abuse
On April 15, Governor Ducey signed into law the greatest expansion of the Arizona gaming landscape in nearly two decades. The new law, along with amended Tribal-State Gaming Compacts, legalizes event wagering (sports...more
Yesterday, President Joe Biden signed the $1.9 trillion American Rescue Plan Act of 2021 (Act), which includes new pandemic-relief grants for small and mid-sized restaurants and bars; expansion of the Paycheck Protection...more
3/15/2021
/ American Rescue Plan Act of 2021 ,
Business Expenses ,
Coronavirus/COVID-19 ,
Economic Aid Act ,
Economic Injury Disaster Loans ,
Employee Retention ,
Enforcement Actions ,
Entertainment Venues ,
Federal Grants ,
Nonprofits ,
Paycheck Protection Program (PPP) ,
Relief Measures ,
Restaurant Industry ,
SBA ,
Small Business ,
Tax Credits
In the wake of COVID-19, small businesses have faced unique challenges and hardships. In response, the government created a federal relief program under the CARES Act, the Paycheck Protection Program (PPP), aimed toward...more
3/5/2021
/ Biden Administration ,
CARES Act ,
Coronavirus/COVID-19 ,
Independent Contractors ,
Loan Forgiveness ,
Paycheck Protection Program (PPP) ,
Popular ,
Relief Measures ,
SBA ,
Self Employed ,
Small Business ,
Small Business Loans ,
Sole Proprietorship
On January 6, the Small Business Administration (SBA) issued its Interim Final Rule (IFR) for the original Paycheck Protection Program (PPP-1) to reflect changes to the program included in the recent Economic Aid to Hard-Hit...more
1/11/2021
/ Coronavirus/COVID-19 ,
Good Faith ,
Interim Final Rules (IFR) ,
New Guidance ,
Paycheck Protection Program (PPP) ,
Property Damage ,
Publicly-Traded Companies ,
Relief Measures ,
SBA ,
Small Business ,
Small Business Loans
On December 27, the Consolidated Appropriations Act of 2021 (the “Act”) was signed into law. This Act makes available $284 billion for second draw loans under the Paycheck Protection Program (“PPP-2”) and also makes important...more
12/30/2020
/ Borrowers ,
Certification Requirements ,
Consolidated Appropriations Act (CAA) ,
Coronavirus/COVID-19 ,
Eligibility ,
Financial Stimulus ,
Loan Applications ,
Loan Forgiveness ,
Loans ,
Paycheck Protection Program (PPP) ,
Relief Measures ,
SBA ,
Small Business
COVID-19 and the resulting economic uncertainty are adversely impacting businesses worldwide. Colorado companies that are financially distressed may be unable to survive alone and may consider reevaluating consolidation...more
On June 19, the Small Business Administration (SBA) published an update to its Interim Final Rules (New IFR) to reflect changes to the Paycheck Protection Program (PPP) put in place under the new Paycheck Protection Program...more
6/24/2020
/ Applications ,
Borrowers ,
CARES Act ,
Interim Final Rules (IFR) ,
Loan Forgiveness ,
Paycheck Protection Program (PPP) ,
Paycheck Protection Program Flexibility Act of 2020 (PPPFA) ,
Relief Measures ,
SBA ,
Small Business ,
Small Business Loans
On June 3, the United States Senate passed the “Paycheck Protection Program Flexibility Act” (Act), which is designed to create additional flexibility for borrowers under the terms of the Paycheck Protection Program (PPP). ...more
On May 22, the Small Business Administration (SBA) published its long-awaited Interim Final Rule regarding loan forgiveness requirements (IFR) for the Paycheck Protection Program (PPP). The new IFR confirms several key terms...more
On May 15, the Small Business Administration (SBA) published its long-awaited Loan Forgiveness Application and Instructions for Borrowers (Application). The Application clarified certain forgiveness rules and calculations for...more
On April 30, the U.S. Federal Reserve provided updated terms for the $600 billion Main Street Lending Program (Main Street Program), which will now operate through three facilities: the Main Street New Loan Facility (MSNLF),...more
Today, President Trump signed the Paycheck Protection Program and Health Care Enhancement Act (Act), which makes available an additional $310 billion for loans under the Paycheck Protection Program (PPP) loans and $60 billion...more
4/27/2020
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Economic Injury Disaster Loans ,
Federal Loans ,
Financial Stimulus ,
Health Care Providers ,
National Institute of Health (NIH) ,
Paycheck Protection Program (PPP) ,
Paycheck Protection Program and Health Care Enhancement Act ,
Relief Measures ,
SBA ,
SBA Lending Programs ,
Small Business ,
Virus Testing
On April 15, the Small Business Administration (SBA) issued a new supplement to the first Interim Final Rule (IFR) for the Paycheck Protection Program (PPP) that provided some important clarifications regarding eligibility of...more
On April 9, the U.S. Federal Reserve provided details on $2.3 trillion of new loan programs that are made available under the CARES Act, including terms for the Main Street New Loan Facility and Main Street Expanded Loan...more
4/10/2020
/ CARES Act ,
Comment Period ,
Coronavirus/COVID-19 ,
Credit Facilities ,
Federal Reserve ,
Financial Stimulus ,
Main Street Lending Programs ,
Relief Measures ,
SBA ,
Special Purpose Vehicles ,
Term Sheets ,
U.S. Treasury
On April 3, the Small Business Administration (SBA) issued its Interim Final Rule (IFR) for the Paycheck Protection Program (PPP) just a few hours before borrowers were allowed to start submitting PPP loan applications to...more
4/6/2020
/ Borrowers ,
Business Closures ,
Business Interruption ,
CARES Act ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Families First Coronavirus Response Act (FFCRA) ,
Federal Loans ,
Financial Stimulus ,
Lenders ,
Paycheck Protection Program (PPP) ,
Payroll Taxes ,
Relief Measures ,
SBA ,
SBA Lending Programs ,
Securities and Exchange Commission (SEC) ,
Small Business ,
Tax Relief ,
Unemployment Insurance
Today, March 27, the United States House of Representatives passed the “Coronavirus Aid, Recovery and Economic Security Act” or the “CARES Act” (Act), which previously passed the United States Senate on March 25 and was...more
Businesses across a wide range of industries are grappling with how to address the practical and legal concerns that have been created by the COVID-19/coronavirus outbreak. Businesses have started asking when and how they...more
3/5/2020
/ Acquisitions ,
Business Interruption ,
Commercial General Liability Policies ,
Commercial Insurance Policies ,
Coronavirus/COVID-19 ,
D&O Insurance ,
Due Diligence ,
E&O Insurance ,
Force Majeure Clause ,
Infectious Diseases ,
Insurance Industry ,
Material Adverse Change Clauses (MACs) ,
Mergers ,
Policy Exclusions ,
Public Health ,
Risk Management ,
Travel Insurance
Cloud-based service providers (CSPs), like Amazon Web Services and Microsoft Azure, offer online access to shared computing resources. As such, they have developed a “shared responsibility model” for how CSPs and companies...more
Last week, Arizona Governor Doug Ducey signed into law HB 2417 that amends Arizona law to provide that signatures secured through blockchain are valid electronic signatures and that smart contracts are legal, enforceable...more
The Medicare Access and CHIP Reauthorization Act (“MACRA”) Final Rule published late last year implements CMS’ new payment approach for physicians and other Medicare Part B eligible clinicians under the Merit-Based Incentive...more
The Affordable Care Act has withstood 62 repeal attempts by the House of Representatives and several challenges brought to the U.S. Supreme Court. Now, with Donald Trump as President and a new Republican-led House and...more
11/14/2016
/ Administrative Appointments ,
Affordable Care Act ,
Centers for Medicare & Medicaid Services (CMS) ,
Department of Health and Human Services (HHS) ,
Filibuster ,
Health Insurance ,
Health Savings Accounts ,
Healthcare Reform ,
Legislative Agendas ,
Obama Administration ,
Repeal ,
States Rights ,
Trump Administration
CMS Acting Administrator Andy Slavitt recently announced that CMS would provide new physician reporting options for the first year of the MACRA program starting January 1, 2017. In response to concerns about the MACRA...more