Thought Leadership - Manatt, Phelps & Phillips, LLP

Did You Really Need That PPP Loan? The SBA Wants to Know

Without much fanfare, the Small Business Administration (SBA) has started investigating borrowers of larger Paycheck Protection Program (PPP) loans to obtain information about their business activities.

Nonprofit, SBA, Equity, Loans, PPP

Raising Capital Through Private Placements: Rule 506(b) vs. Rule 506(c) Offerings

Startups, and particularly first-time founders, typically find that raising funds is a significant, challenging and time-consuming process.

SEC, Investment, Stock, Founder, Capital Raise, Regulation D, Federal Securities Laws, Securities Act of 1933, Private Placement, Rule 506(b), Rule 506(c), Accredited and Nonaccredited Investors

Delaware Franchise Tax

A franchise tax is an annual tax a business entity is required to pay in a given jurisdiction as a result of being formed or organized, or for doing business, in that jurisdiction.

Tax, Delaware, Corporations, LLC, Limited Liability Company, Capitalization Table, Cap Table, Foreign Corporation, Domestic Corporation, Franchise Tax

SEC Makes Key Changes to Accredited Investor Definition

In its Final Rule issued on August 26, 2020, a divided Securities and Exchange Commission (SEC) expanded the group of individuals and entities permitted to invest in private securities by amending the definitions of “accredited investor” and “qualified institutional buyer.”

Selecting the Appropriate Structure for Your Startup

Founders must contend with many important decisions early in the life of a startup, including selecting the appropriate corporate structure.

Investment, Corporate Structure, C Corporation, S Corporation, LLC, Limited Liability Company, Incorporation, Founder, Formation

Schrems II Decision: Immediate Considerations for U.S. Businesses

On July 16, 2020, in the much-anticipated so-called Schrems II case, the Court of Justice of the European Union (CJEU) struck down the EU-U.S. Privacy Shield Framework (Privacy Shield) as an adequate method of transferring personal data from the European Union (EU) to the United States

Volcker Rule Changes Provide Stimulus Effect With Banks and Investment Funds

On June 25, 2020, federal banking and securities regulators issued new regulations that will ease burdens on banks that involve themselves with certain types of investment funds.

COVID-19: Remapping the Healthcare Privacy Landscape

Privacy is among the many areas of our lives that COVID-19 is radically changing.

Key HIPAA Changes in Light of COVID-19

The COVID-19 pandemic has quickly caused at least a temporary restructuring of the U.S. healthcare system.

Bank Secrecy Act Compliance Issues for Small-Business Lending Under the CARES Act

With many banks and credit unions electing to limit Paycheck Protection Program (PPP) loans to existing customers, many nonbank lenders are scrambling to fill the gap and take part in the $349 billion program prior to the end of the application period on June 30, 2020.