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Your Next Real Estate Deal Could Require CFIUS Approval

CFIUS Review Might Apply to Your Real Estate Deal - Most real estate professionals do not expect to seek approval from the president of the United States before closing a real estate deal. However, the U.S. Treasury...more

Cracking the Code: Navigating Regulations Governing Emerging Technologies in Government Contracts

As the federal government seeks to procure more artificial intelligence (“AI”), machine learning (“ML”), synthetic content and other emerging technologies in the coming years, government contractors must be prepared to comply...more

PPP Loan Prosecutions Appear to Be in the Technical Non-Compliance Phase

On March 27, 2020, the CARES Act was signed into law to provide emergency financial assistance to Americans suffering the economic effects caused by the COVID-19 pandemic, including in the form of forgivable loans to small...more

AGG Food & Drug Newsletter - January 2022

Arnall Golden Gregory LLP's Food & Drug Newsletter is a monthly update of legal and regulatory issues that affect the FDA-regulated community and highlights articles from members of our Food & Drug practice, as well as from...more

Georgia Judge Enjoins Federal Contractor Vaccine Mandate in Every State in U.S.

On December 7, 2021, R. Stan Baker, judge for the United States District Court for the Southern District of Georgia, enjoined enforcement of Executive Order 14042 (“EO 14042”) “in all covered contracts in any state or...more

The Federal Contractor Vaccine Mandate Is “On Hold,” at Least in Kentucky, Ohio, and Tennessee

On November 30, 2021, the United States District Court for the Eastern District of Kentucky in the lawsuit, Commonwealth of Kentucky et al. v. Joseph R. Biden et al., Civil Action No. 3:21-cv-00055-GFVT, granted a preliminary...more

Hourly Minimum Wage for Federal Contractors Increases to $15.00 Starting January 30, 2022

On April 27, 2021, President Biden issued an Executive Order requiring federal contractors and subcontractors to pay a minimum wage of no less than $15.00 per hour to all workers who are working on federal construction and/or...more

GSA’s SAM.gov Site To Be Modernized on May 24, 2021

Government contractors currently access the U.S. General Services Administration’s System for Award Management (referred to in the industry as “SAM”) for only a few fundamental tasks: Register to do business with the U.S....more

The $28.6 Billion Restaurant Revitalization Fund – Help for the Hard Hit Restaurant Industry

On March 11, 2021, President Biden signed the American Rescue Plan of 2021. This legislation includes a Restaurant Revitalization Fund (“RRF”) for which Congress has allocated $28.6 billion in program grants for eligible...more

Risk Mitigation for Companies Facing Increased Antitrust Oversight in a Post-Pandemic Environment

Since March 2020, as a result of the COVID-19 pandemic, many businesses have been forced, by local, state, and federal orders, and/or economic circumstances, to alter, reduce, or cease operations. As the business landscape...more

Saving Our Stages - With $15 Billion in Government Grants

Many businesses in the live music and entertainment space have been uniquely affected by the pandemic and continue to face dire financial challenges as closure and social distancing mandates persist. Further, when the economy...more

SBA’s New PPP Loan Necessity Questionnaires Target PPP Recipients with Loans of $2M

On October 31, 2020, the U.S. Small Business Administration (“SBA”) published a Notice in the Federal Register seeking approval from the Office of Management and Budget for the collection of information through, among other...more

Top 10 Things to Know About the Executive Order on Combatting Race and Sex Stereotyping

On September 22, 2020, President Trump issued Executive Order 13950, “Combating Race and Sex Stereotyping” (“Order”). The Order sets forth the policy of the United States “not to promote race or sex stereotyping or...more

SBA’s “October Surprise” Forces PPP Borrowers and Lenders to Complete Loan Forgiveness and Establish Escrow Accounts to Circumvent...

In a significant development for the mergers and acquisitions (“M&A”) community, the U.S. Small Business Administration (“SBA”) issued a “Procedural Notice” which affects the requirement for companies involved in the buying...more

Top 10 Things to Know About SBA PPP Loan Review Decision Appeals to OHA

Earlier this month, the Paycheck Protection Program (“PPP”) moved from a phase of “loan disbursement” to a phase of “loan forgiveness.” As explained in our August 11, 2020 Client Alert, the U.S. Small Business...more

PPP Update: SBA’s Loan Forgiveness Portal May be Coming Online, but Uncertainty Continues

Through the Paycheck Protection Program (“PPP”), which was authorized by the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”), banks certified as 7(a) lenders by the U.S. Small Business Administration (“SBA”)...more

The Main Street Lending Program: Which Small and Mid-Sized Businesses Are Eligible?

The Federal Reserve continues to make major changes to the Main Street Lending Program (the “Program”), a brand-new, multi-facility $600 billion lending program designed to make additional credit available to small and...more

Congress Gives Borrowers More Flexibility with Amendments to Paycheck Protection Program

On June 5, 2020, President Trump signed the Paycheck Protection Program Flexibility Act of 2020 (“HR 7010” or the “PPP Amendment”) into law, after the House passed HR 7010 on May 29, 2020 and the Senate adopted HR 7010 by a...more

The SBA Expands the Safe Harbor for PPP Loans and Extends The Repayment Deadline to May 18, 2020

On May 13, 2020, SBA issued new guidance with respect to a borrower’s good faith certification that “[c]urrent economic uncertainty makes this loan request necessary to support the ongoing operations of the Applicant,” as...more

New Guidance Resolves Confusion over Counting Foreign Employees for PPP Loan Eligibility

On May 5, 2020, SBA/Treasury finally answered the important question of whether a small business located in the US needed to count the number of employees of its “foreign affiliates” in its size standard eligibility...more

SBA Extends PPP Repayment Date for Safe Harbor to May 14, 2020

Businesses now have one extra week to conduct their risk/reward analyses to decide whether to return their PPP loans. In prior guidance (Treasury FAQ 31 and 37), the SBA reminded borrowers that they “should review carefully...more

Foreign Affiliates and the Small Business Size Standards for PPP Loan Eligibility: Avoiding FCA Liability for False Certifications

On March 27, 2020, the President signed the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act” or the “Act”) (Pub. L. 116-136), which provides emergency assistance and health care response for individuals,...more

The Main Street Lending Program: Questions and Answers about the $600 Billion Lending Program for Small and Mid-Sized Businesses

The U.S. Department of the Treasury (“Treasury”) and the Board of Governors of the Federal Reserve System (the “Federal Reserve”) last week provided key guidance regarding the Main Street Lending Program (the “Program”), a...more

Despite Contrary Reports, Many PE and VC-Backed Companies May Be Eligible for Forgivable PPP Loans During the COVID-19 Crisis

The private equity and venture capital communities have advocated forcefully that their portfolio companies should be able access loans available under the Paycheck Protection Program (the “PPP”), the $349 billion U.S. Small...more

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