Publications

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New PPP Forgiveness Guidance And Forms

January 22, 2021

Steve Dickinson, Bob Magovern, and James Van Orden discuss the SBA's interim final rule governing forgiveness of PPP loans and the new versions of the three forgiveness application forms, including a streamlined form for loans up to $150,000.

Are Changes to the Federal Trade Commission's Franchise Rule in Our Future? [Franchising USA]

January 22, 2021

Susan Grueneberg authored an article about the impact the Franchise Agreement mandated by the Federal Trade Commission's Franchise Rule will have on 2021.

IRS Issues Final Regulations Governing 1031 Exchanges – The “Like Kind” Standard Defined [Alert]

January 21, 2021

Steve Katkov discusses the Treasury and the IRS final regulations governing tax-deferred exchanges of like-kind real property under Section 1031 of the Internal Revenue Code. These final regulations address revisions to Code Section 1031 enacted as part of the Tax Cuts and Jobs Act.

How Rebooted Paycheck Protection Program Works: Part 1

January 21, 2021

Steve Dickinson, James Van Orden, and Robert Magovern discuss how rebooted Paycheck Protection Program works after former President Donald Trump reinstituted the program on December 27, 2020.

Employer Guide to COVID-19 Vaccination

January 20, 2021

David Barron, John Carrigan, Jr., Arielle Eisenberg, Aaron Holt, and Nandini Sane designed a guide on how employers can handle the COVID-19 vaccination for their employees.

Watershed Fifth Circuit Opinion Raises Bar for FLSA Collective Actions [Alert]

January 19, 2021

Adam C. Gutmann and David L. Barron discuss the landmark ruling in Swales v. KLLM Transport Servs., LLC, wherein the court did away with the two-step Lusardi framework that most FLSA collective actions have followed for the last 33 years.

Illinois Restrictive Covenants Face A Sea Change If Bill Passes

January 19, 2021

Christopher Hennessy and Jeremy Glenn contributed an article to Law360 discussing how on January 8th, a bill was introduced in the Illinois Legislature that, if made into law, would rewrite significant aspects of the law of restrictive covenants entered into after the effective date of its adoption into law, including barring some altogether.

New York Commercial Reasonability Standards in UCC Mezzanine Foreclosure Sales During COVID-19

January 19, 2021

Andrew Punzo provides guidance on how to conduct a commercially reasonable UCC foreclosure sale in the context of mezzanine loan foreclosures during COVID-19.

CDC Requires COVID-19 Testing of International Passenger Arrivals in the United States [Alert]

January 15, 2021

Rachel Welford and Kathryn Sobotta discuss the CDC's new notice and order requiring pre-departure negative COVID-19 tests from all U.S.-bound passengers traveling by aircraft from any foreign country.

SEC Compliance and Enforcement Answer Book, Practicing Law Institute (2021 ed.)

January 15, 2021

Joe Dever, a member of Cozen O'Connor's Securities Litigation & SEC Enforcement practice groups, co-authored Chapter 16: “SEC Market Manipulation Investigations” of the 2021 edition of SEC Compliance and Enforcement Answer Book, published by Practicing Law Institute and edited by Cravath, Swaine & Moore LLP.

New Jersey Cannabis Program Awaiting Governor Murphy’s Approval [Alert]

January 14, 2021

Rohan Mohanty discusses what the N.J. legislature is doing to create the parameters for one of the largest legal cannabis marketplaces in the country.

A Primer and a Warning for Section 220 Proceedings

January 14, 2021

Barry Klayman & Mark Felger, writing in the Delaware Business Court Insider, discuss a recent decision from the Court of Chancery in Delaware that serves as a primer on increasingly common defenses to stockholder books and records inspection demands and a cautionary tale for defendants in Section 220 proceedings who opt to pursue overly aggressive defense strategies that seek to place obstacles to the use of Section 220 as a quick and easy pre-filing discovery tool.

Antitrust Enforcers Lodge First Criminal Indictment for Violation of No-Poach Agreement [Alert]

January 13, 2021

David Reichenberg, Stephen Miller, and Casey James discuss the DOJ's indictment charging Surgical Care Affiliates LLC of colluding with two companies not to solicit each other’s senior-level employees.

Notice of Appeal Winter 2021

January 12, 2021

A quarterly newsletter reviewing Third Circuit opinions impacting white collar defense lawyers.

DOT Unfair Practices Rule Adds Clarity To Airline Regulation [Law360]

January 12, 2021

David Heffernan contributed an article to Law360 discussing what the DOT plans to do to prohibit unfair and deceptive airline practices.

NY Appellate Court: Liability Insurer Cannot Recover Defense Costs Absent Express Policy Provision [Alert]

January 11, 2021

Melissa Brill, Laura Dowgin, and Farrell Miller discuss the decision in American W. Home Ins. Co. v. Gjonaj Realty & Mgt. Co. and what insurers in New York need to do if they want to recover its defense fees when there is ultimately no duty to indemnify.

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