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

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.”

Founder’s Stock: Vesting and Acceleration

Founder’s stock refers to the equity granted, typically in the form of common stock, to founders of a company for their preformation efforts in building the company.

Tax, Equity, Stock, Founder, Vesting, Common Stock, Acceleration

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

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.

From the C-Suite to the Boardroom: Triaging Disruption in a Time of Crisis

As the novel coronavirus continues to threaten business as usual, companies are looking at their crisis response plans to triage disruption and ensure resiliency.

An Updated Practical Guide for Small Businesses to Obtain a Paycheck Protection Loan Under CARES Act

On April 2, 2020 and April 4, 2020, the Small Business Administration (SBA) issued unusual interim final rules (the Rules) providing further detail regarding Paycheck Protection Program loans under the CARES Act. The Rules will take effect immediately upon publication in the Federal Register.