In an attempt to make chapter 11 more streamlined and less expensive for debtors, Congress amended the bankruptcy code to add a brand new reorganization chapter: Subchapter V. Subchapter V is available exclusively to small-business debtors and provides a new option that is intended to be quicker and cheaper; it also offers less oversight and […]
OFP Files Amicus Brief for The Rutherford Institute and Cato Institute in Watchlist Case Before the Fourth Circuit
Odin Feldman Pittleman filed an amicus brief on behalf of The Rutherford Institute and Cato Institute, a Washington think tank, in Elhady v. Kable, Case Nos. 20-1119, 20-1311 (4th Cir).The brief urges the court to uphold due process protections provided to individuals added to the Terrorist Screening Database (colloquially the “Watchlist”). The case concerns 23 […]
New Paycheck Protection Program Flexibility Act
Last night, June 3, 2020, the Paycheck Protection Program Flexibility Act of 2020 (PPP Flexibility Act) was unanimously approved by the Senate, after overwhelming approval by the House last week. Under the PPP Flexibility Act, which is expected to be signed into law by the President, the CARES Act was amended to provide additional flexibility […]
Commercial Leases and COVID-19: Force Majeure, Frustration of Purpose, and Impossibility under the Laws of Maryland
As landlords and tenants in the DC Metro region navigate the COVID-19 climate and an unprecedented dip in the economy, provisions within commercial leases related to excusing nonperformance are being tested, and in some cases, for the first time. Force majeure clauses are front and center in the debate over excuses for nonperformance, opportunities for […]
Commercial Leases and COVID-19: Force Majeure, Frustration of Purpose, and Impossibility under the Laws of Virginia
As landlords and tenants in the DC Metro region navigate the COVID-19 climate and an unprecedented dip in the economy, provisions within commercial leases related to excusing nonperformance are being tested, and in some cases, for the first time. Force majeure clauses are front and center in the debate over excuses for nonperformance, opportunities for […]
Commercial Leases in the Time of COVID-19: Force Majeure, Frustration of Purpose, and Impossibility under the Laws of the District of Columbia
As landlords and tenants in the DC Metro region navigate the COVID-19 climate and an unprecedented dip in the economy, provisions within commercial leases related to excusing nonperformance are being tested, and in some cases, for the first time. Force majeure clauses are front and center in the debate over excuses for nonperformance, opportunities for […]
New Certification Requirements for WOSBs and EDWOSBs
The Small Business Administration (SBA) is changing how small businesses seek the award of federal contracting dollars designated for concerns owned and controlled by women. Self-certification for WOSBs and EDWOSBs seeking new contracts will be phased out beginning this summer and eliminated entirely this fall. On Oct. 15, 2020, small businesses seeking new set-aside, sole […]
SBA AND TREASURY RELEASE PPP LOAN FORGIVENESS APPLICATION
As has been much discussed, loan forgiveness is a key feature of the CARES Act’s Paycheck Protection Program (PPP) administered by the Small Business Administration (SBA), but there has been little guidance regarding the process and criteria for seeking forgiveness. Late Friday, May 15, 2020, the SBA and Department of Treasury released the PPP loan […]
SBA Again Updates Safe Harbor Guidance for PPP Loans
Earlier today, May 13, 2020, the Small Business Administration (SBA) again updated its guidance regarding the safe harbor provision for loans disbursed under the Paycheck Protection Program (PPP), the lifeline extended to small businesses under the financial relief package known as the CARES Act. As previously reported, the PPP loan application requires applicants to certify […]