With a booming economy and job market, the movement to eliminate non-competes continues to gain federal traction and remains at the forefront of discussions around innovation and economic growth. Most recently, on July 9, 2021, the Biden Administration issued its Executive Order on Promoting Competition in the American Economy (“Executive Order”) calling on the Federal…

On September 15, 2021, the House Ways and Means Committee approved certain tax proposals to be included in the “Build Back Better” $3.5 trillion reconciliation legislation. The legislation seeks includes a number of tax increases designed in part to help defray the costs of the Biden Administration’s new spending bill, including, in particular, several changes…

A letter of credit can be an effective tool for a business when it is required to provide additional payment security to a third party. The letter of credit is essentially a guarantee by a bank or other financial institution (called an “issuer”) to a third party (called a “beneficiary”) that it will be paid…

As we have written about extensively over the past couple years, under the federal Opportunity Zones tax incentive program (the “OZ Program”), taxpayers can defer, reduce, and eliminate capital gains taxes by timely investing capital gains proceeds into a Qualified Opportunity Fund (a “QOF”) and meeting a variety of other requirements. Several of the OZ…

In previous posts, we have summarized the SBA’s Paycheck Protection Program (“PPP”) and certain related matters, including determination of borrower eligibility and steps borrowers can take to maximize loan forgiveness Click Here To View Previous Post. Following the overwhelming demand of the first round of PPP lending and the continuing need to assist businesses that…

Key Points: Unless your company is exempt, the Corporate Transparency Act will require you to disclose the beneficial owners of your company to the government This reporting requirement will take effect upon the issuance of enabling regulations, which are to be issued no later than January 1, 2022 Newly formed entities must report beneficial ownership…

Part 1 – Getting Started The talk of real estate (and to a lesser extent business and infrastructure) investing in 2019 was the Opportunity Zones tax incentive program promulgated under the Tax Cuts and Jobs Act of 2017. Simply put, the opportunity zone program provides generous incentives to taxpayers that invest capital gains proceeds in…

The importance of financial covenants for the long-term success of a borrower-lender relationship cannot be overstated. In this multi-part blog post series, we will review the key negotiating levers for the most common financial covenants included in middle market cash flow loan (C&I loan) transactions. Part two will focus on leverage ratio covenants. Subsequent blog…

When selling a business, maximizing return is the primary goal of most owners. With increasing frequency, owners – particularly those also serving as a key member of management – can increase their returns by retaining an ownership stake in their business or the business of the acquirer in lieu of entirely cashing out their ownership…

We have previously published Client Alerts summarizing the new opportunity zones tax incentive program (OZ program)created by Sections1400Z-1 and1400Z-2 of the Internal Revenue Code (Code) and proposed regulations published by the Department of the Treasury and the Internal Revenue Service in October 2018 and April 2019 (the proposed regulations). Click here to see our November…

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