On April 23, 2024, the Federal Trade Commission (“FTC”) adopted a Non-Compete Clause Rule (the “Rule”) that bans non-compete clauses between workers and employers as unfair methods of competition under Section 5 of the FTC...more
6/4/2024
/ Employees ,
Employer Liability Issues ,
Employment Contract ,
Exemptions ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Non-Compete Agreements ,
Proprietary Information ,
Restrictive Covenants ,
Unfair Competition
...What’s Next for Section 1071 Amid Court Delay?
Finance companies affected by the pending implementation of Section 1071 learned in late October 2023 that a Decision by the U.S. District Court for the Southern...more
MH&H is helping clients stay informed of Commercial Finance Disclosure Law (CFDL) requirements. Robert S. Cohen, a partner of the firm who focuses his practice in secured lending, equipment and transportation finance, assists...more
At the intersection of commercial finance, technology, and the law, this bi-monthly newsletter explores the emerging legal topics impacting the secured lending and equipment finance industry. Thought-leading attorneys from...more
Amid concerns about Section 1071’s potential impact on the secured lending and equipment finance industries, Brett Garver answers key questions about the new requirements and their implementation timeline. He is a partner...more
At the intersection of commercial finance, technology, and the law, this bi-monthly newsletter explores the emerging legal topics impacting the secured lending and equipment finance industry. Thought-leading attorneys from...more
Nearly every attorney has, at some point, been faced with an implausible exam question and thought to oneself: That would never happen. However, in practice, situations that are seemingly more convoluted than any exam...more
When entering into a stock purchase agreement or asset purchase agreement, both the purchasers and the sellers should be mindful that no matter how straightforward the transaction may seem, it is always possible that a...more
The Courts’ View of UCC Article 9 Sales in The COVID-19 Environment Is Clearly Changing -
While the world may be in a state of semi-paralysis waiting for a COVID-19 vaccine, the legal environment involving creditors’...more
On March 27, 2020, the President signed the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) into law providing, among other relief, up to $349 billion to fund loans to small businesses affected by the...more
10/14/2020
/ Borrowers ,
CARES Act ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employee Retention ,
Loan Forgiveness ,
Paycheck Protection Program (PPP) ,
Paycheck Protection Program and Health Care Enhancement Act ,
Paycheck Protection Program Flexibility Act of 2020 (PPPFA) ,
SBA ,
Small Business
On March 27, 2020, the President signed the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) into law providing, among other relief, up to $349 billion to fund loans to small businesses affected by the...more
On March 27, 2020, the President signed the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) into law providing, among other relief, up to $349 billion to fund loans to small businesses affected by the...more
On March 27, 2020, the President signed the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) into law providing, among other relief, up to $349 billion to fund loans to small businesses affected by the...more
On March 27, 2020, the President signed the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) into law providing, among other relief, up to $349 billion to fund loans to small businesses affected by the...more
On March 27, 2020, the President signed the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) into law providing, among other relief, up to $349 billion to fund loans to small businesses affected by the...more
PPP borrowers of More Than $2M may be required to demonstrate that need existed. Borrowers can return funds by May 14th to avoid scrutiny.
The CARES Act requires that a PPP loan applicant certify, in good faith, that “the...more
While the IRS rules that otherwise deductible expenses are not deductible, Congress discusses a legislative fix.
The Internal Revenue Service (IRS) has issued Notice 2020-32, 2020-21 I.R.B. 1 (the “Notice”) in which the...more
On March 27, 2020, the President signed the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) into law providing, among other relief, up to $349 billion to fund loans to small businesses affected by the...more
The Interim Final Rule issued late last week by the SBA limits the availability of PPP loans to businesses engaged in certain activities. Among them is banking and other lending activities. We believe that the exclusion will...more
On March 27, 2020, the President signed the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) into law providing, among other relief, up to $349,000,000 to fund loans to small businesses affected by the...more
4/8/2020
/ Affiliated-Business Arrangements ,
Business Interruption ,
CARES Act ,
Coronavirus/COVID-19 ,
Economic Injury Disaster Loans ,
Employee Retention ,
Federal Loans ,
Financial Stimulus ,
Paycheck Protection Program (PPP) ,
Payroll Taxes ,
Relief Measures ,
SBA ,
SBA Lending Programs ,
Small Business ,
Tax Relief
In the midst of the unfolding COVID-19 pandemic, much like during the financial crisis, the banking laws and regulations are being changed as fast as they can be written. There are orders and new programs seemingly daily. ...more
On March 27, 2020, the President signed the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) into law providing, among other relief, up to $349,000,000 to fund loans to small businesses affected by the...more
A bill recently introduced in the New York State Senate (S6688) would vastly expand the reach and scope of the licensing regime applicable to effectively all forms of commercial financing transactions. The current lender...more
LIBOR (or the London Inter-bank Offered Rate), the most widely utilized reference rate for financial transactions in the world, will cease to be quoted at the end of 2021. A mind-boggling $200 trillion in LIBOR-based...more