News & Analysis as of

Due Diligence Small Business

Firesign | Enlightened Legal Marketing

How Small Businesses Hire Lawyers, Part 2: When A Legal Need Arises

From taxes to torts, there’s considerable opportunity for law firms to serve the nation’s 33 million small businesses, a demographic with the potential to generate upwards of 420 million legal matters each year. But this...more

Troutman Pepper

California Joins War on Fees With Passage of S.B. 666

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On October 13, California Governor Gavin Newsom signed into law Senate Bill 666, which amends the California Financing Law to prohibit a covered entity from charging certain fees in connection with a commercial financing...more

Troutman Pepper

SBA’s New Rules and Policies to Strengthen and Diversify Its SBIC Program

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A small business investment company (SBIC) is a privately owned and operated investment fund that makes long-term investments in American small businesses and is licensed by the U.S. Small Business Administration (SBA). SBICs...more

Nutter McClennen & Fish LLP

Nutter Bank Report: August 2023

A federal court has issued an order granting an injunction that delays the compliance dates for the CFPB’s final rule governing the collection of small business lending data required by Section 1071 of the Dodd-Frank Wall...more

Littler

Business and Human Rights for Small Companies – What is the Impact of the German Supply Chain Due Diligence Act on the Supplier...

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ESG (Environmental Social Governance) has already become an important topic in responsible corporate governance. Globally, there is a rapidly growing body of legislation that requires companies to take action and report on...more

Bass, Berry & Sims PLC

Attention SBIR Applicants…Remember that Affiliation Rules Still Apply

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The Small Business Innovation Research (SBIR) program has an interesting construction. With seemingly no competition to bring size protests and the successful completion of a previous grant before a second grant, the unusual...more

Bennett Jones LLP

Entire Agreement Clause and Due Diligence Cannot Oust Fraudulent Misrepresentation

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The defence of misrepresentation is still alive in circumstances involving entire agreement clauses and opportunities for due diligence, the Ontario Court of Appeal recently held in 10443204 Canada Inc. v 2701835 Ontario...more

PilieroMazza PLLC

SBIR/STTR Extension: Proposed Requirements for Small Business Contractors

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On September 22, the Senate passed the Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) Extension Act of 2022. As it heads to the House of Representatives, government contractors in...more

Perkins Coie

Fintech Legal Report - September 2021

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Federal Banking Agencies Issue Guide for Community Banks on Conducting Due Diligence on Fintech Companies - On August 27, 2021, the federal banking agencies (Federal Reserve, FDIC, and OCC) published “Conducting Due...more

Society of Corporate Compliance and Ethics...

[Virtual Event] 9th Annual European Compliance & Ethics Institute - March 15th - 17th, 9:55 am - 6:00 pm CET

Though we are disappointed we will not be together in-person, we remain dedicated to providing a first-class learning experience while keeping the health and well being of everyone a top priority.  The ECEI will have the...more

Pillsbury Winthrop Shaw Pittman LLP

COVID-19 Relief: Paycheck Protection Program and Issues in M&A Transactions

Potential merger partners of and investors in businesses that have received loans under the Paycheck Protection Program should be aware of particular risks and other diligence considerations. Any potential merger partner or...more

Goodwin

Financial Services Weekly Roundup: Madden Fix/Valid When Made Rule Faces New Challengers

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In the News. On the heels of a lawsuit challenging the Office of the Comptroller of the Currency’s (OCC) recently issued Madden fix/valid when made rule, eight state attorneys general filed suit challenging a similar rule...more

Lowenstein Sandler LLP

How To Avoid Federal Criminal And Civil Penalties In Connection With Applications For PPP Loans

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The Small Business Administration’s (SBA) Paycheck Protection Program (PPP) is a forgivable loan program created by the Coronavirus Aid, Relief, and Economic Security (CARES) Act. The purpose of the PPP, which has a $349...more

Harris Beach PLLC

Planning to Sell Your Brewery? 5 Strategies to Make Your Business More Attractive, Even During a Pandemic

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The strong pace of craft brewery acquisitions seen in recent years will likely reverse course in 2020 due to the economic challenges and uncertainty caused by the ongoing coronavirus pandemic. But despite the impact of...more

Morgan Lewis

PPP Loans: SBA Limits Lender Due Diligence Requirements, But Lenders Still Have Enforcement Exposure

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While the Coronavirus Aid, Relief, and Economic Security (CARES) Act makes borrowers primarily responsible for demonstrating loan eligibility under the Small Business Administration’s Paycheck Protection Program, lenders must...more

Shumaker, Loop & Kendrick, LLP

Bankruptcy Preference Alert: Score Two Touchdowns for Chapter 11 Preference Defendants

The “Small Business Reorganization Act of 2019” (SBRA) signed into law on August 23, 2019 contains two amendments to Chapter 11 preference laws, which are NOT limited to small business reorganizations.  ...more

Mintz - Bankruptcy & Restructuring Viewpoints

Changes to Preference Practices Under New Bankruptcy Law

On August 23, 2019, President Trump signed into law the “Small Business Reorganization Act of 2019.” The primary effect of the “SBRA” is the creation of a subchapter to Chapter 11 for small business debtors, i.e. those with...more

Tucker Arensberg, P.C.

Three New Bankruptcy Amendments Become Law

On August 23, 2019, the President of the United States of America signed three new bankruptcy amendments into law.  The first bill, H.R. 3311, ratifies The Small Business Reorganization Act of 2019, creating a new option for...more

Womble Bond Dickinson

New Bankruptcy Act Makes Chapter 11 Plan Confirmation Easier for Small Business Debtors and Offers Benefits to Preference...

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Congress approved, and earlier this month the President signed, the Small Business Reorganization Act of 2019 which streamlines existing rules governing the efforts of small businesses to restructure successfully under...more

PilieroMazza PLLC

Legal Advisor Newsletter - Fourth Quarter 2018

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You’ve Decided to Sell Your Business— How to Be Prepared to Execute the Deal - After years of building, growing, and investing in your business, there comes a point at which you start to think about an exit strategy....more

Bass, Berry & Sims PLC

You “CAN” Avoid Affiliation in Negotiating an Acquisition

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Conditioned Agreements to Negotiate (CAN) - When acquiring or selling small businesses, government contractors need to be cognizant of the Small Business Administration’s (SBA) “present effect rule.” Under this rule, SBA...more

PilieroMazza PLLC

Legal Advisor Newsletter - First Quarter 2018

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The topics in the Legal Advisor focus primarily on corporate and business matters, federal contracting, employment law, intellectual property and electronic commerce. We encourage our readers to communicate their views to us...more

PilieroMazza PLLC

Plan Your Success – the LOI

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During our April 26, 2017 webinar, we discussed Letters of Intent (LOI) and the important role they can play in transactions. The LOI often serves as a roadmap or initial term sheet between a buyer and seller. ...more

Troutman Pepper

OCC Establishes New Third-Party Risk Management Expectations, Including for Bank Relationships With Marketplace Lenders

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The bulletin requires relationships between banks and marketplace lenders to be treated with the same rigor of due diligence and ongoing oversight as other relationships with third parties. On January 24, the Office of...more

Tucker Arensberg, P.C.

Saving Time and Money when Selling a Small Business

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Advance planning is crucial when you decide to sell your small business. You need to be at the center of that planning. Don’t abdicate your responsibility for selling your business to your lawyer, your accountant or your...more

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