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The FTC Proposes Ban on Non-Competes: The Implications for M&A Transactions

On January 5, 2023, the Federal Trade Commission (FTC) proposed a sweeping new rule which, if enacted in its draft form, would ban virtually all non-competition agreements (non-competes), including those already in effect....more

PPP Redux: What’s New for 2021 in the SBA Loan Program

On December 27, 2020, the Consolidated Appropriations Act, 2021 (“the Act”), was signed into law. The new law both funded the U.S. government for the remainder of FY 2021 and made available a wide range of COVID-19 relief...more

SBA’s New PPP Loan Necessity Questionnaire Adds Detail to Loan Review Process for Borrowers of Over $2 Million

In late October, the Small Business Administration (“SBA”) released two new Paycheck Protection Program (“PPP”) Loan Necessity Questionnaires (Form 3509 for for-profit businesses and Form 3510 for nonprofit entities). These...more

The Final Volcker Rule: Implications for Venture Capital

Introduction - As we approach the final quarter of 2020, we thought it would be helpful to recap one of the significant rule changes of the past few months that is likely to benefit venture capital funds and startup...more

Significant Expansion of $600 Billion Main Street Loan Programs for Small- and Medium-Sized Businesses

On April 30, 2020, the Federal Reserve (the Fed) announced the expansion in scope and eligibility of its forthcoming Main Street Lending Program (MSLP). The expansion comes in response to public comment on the MSLP as...more

The Federal Reserve Launches $600 Billion Main Street Loan Programs: Loans to Small- and Medium-Sized Businesses

On Thursday, April 9, 2020, the Federal Reserve (the Fed) announced two Main Street Lending Facilities, one for new loans (Main Street New Loan Facility) and the second for expanded loans (Main Street Expanded Loan Facility),...more

Federal Relief Package Includes $350 Billion for Small Business – Here Are the Details

The United States Senate passed H.R. 748, the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) late in the evening of Wednesday, March 25. The House of Representatives is expected to consider and pass the...more

Force Majeure and Contractual Obligations in the Midst of Coronavirus

As COVID-19 (coronavirus) continues to spread globally and governments and companies take efforts to slow and contain the virus, no company is able to continue “business as usual.” ...more

FinCEN AND FINRA News for 2018

FinCEN Exchange to encourage information sharing In December 2017, the U.S. Treasury’s Financial Crimes Enforcement Network (“FinCEN”) announced the creation of a platform to facilitate information sharing on a voluntary...more

Requests to Expunge Customer Dispute Information

In December 2017, FINRA issued Regulatory Notice 17-42 to request comments on its proposed amendments to the procedures relating to requests to expunge customer dispute information from the Central Registration Depository...more

FAST Act Creates a New Exemption for the Resale of Securities and Eases Certain Regulations for Emerging Growth Companies and...

The Fixing America’s Surface Transportation Act (FAST Act) was signed into law by President Obama on December 4, 2015. Though the bulk of the FAST Act relates to infrastructure funding, it includes a number of significant...more

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