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|Third Circuit Rules That Private Equity Fund and Portfolio Company Are Not a “Single Employer” for Purpose of WARN Act Liability|
Mark G. Douglas, Timothy (Tim) Hoffmann; Jones Day;
September 30, 2016, previously published on September/October 2016As private equity funds increasingly decide to participate actively in the affairs and management of their portfolio companies, recent court rulings suggest that funds may face greater exposure to liability for a portfolio company’s obligations. For example, in 2013, the First Circuit Court...
|New York Proposes First-Ever Cybersecurity Regulation for Financial Institutions|
Cynthia J. Larose, Natalie Prescott; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
September 26, 2016, previously published on September 19, 2016The New York Department of Financial Services recently announced a new proposed rule, which would require financial institutions and insurers to implement strong policies for responding to cyberattacks and data breaches. Specifically, the rule would require insurers, banks, and other financial...
|Cyber Risk Management - New York State Regulation for Financial Institutions|
Bradley J. Freedman; Borden Ladner Gervais LLP;
September 26, 2016, previously published on September 16, 2016On September 13, 2016, the New York State Department of Financial Services published for comment a proposed cybersecurity regulation for the financial industry. The regulation provides important, detailed guidance for all organizations to help manage cyber risks.
|Fighting Money Laundering|
Shashi Nathan; Withers Bergman LLP;
September 26, 2016, previously published on September 15, 2016A tough stance against financial crime is necessary to protect Singapore’s reputation as a clean and trusted financial centre.
|Tips And Traps For Economic Expansion In Nebraska - A Guide To Receiving The Nebraska Advantage Incentives|
Nicholas K. Niemann, Matthew R. Ottemann; McGrath North Mullin & Kratz, PC LLO;
September 12, 2016, previously published on Third Quarter 2016“Bill”, tax manager at “XYZ, Inc.”, was facing quite a problem. His company had just purchased a business which had a Nebraska Advantage project. The owners of his company were planning on receiving Nebraska Advantage incentives for that project. Those incentives were...
|IRS Relaxes Restrictions on Management Contracts for Bond-Financed Facilities|
Christie L. Martin, Maxwell D. Solet; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
September 11, 2016, previously published on August 24, 2016The IRS on August 22, 2016 released long-anticipated Revenue Procedure 2016-44 (Rev. Proc. 2016-44), which substantially increases flexibility in, and provides a less formulaic approach to, the ability of a tax-exempt bond issuer or 501(c)(3) conduit borrower to contract with private parties...
|Recording and Filing Fees in Various Sections of Michigan Law Revised to New $30 Flat Fee|
Steven L. Owen; Foster, Swift, Collins & Smith, P.C.;
September 7, 2016, previously published on August 18, 2016New legislation in Michigan has amended the amounts of recording and filing fees in various sections of Michigan law to a $30 flat fee. The series of bills passed by the legislature, now Public Acts 224 through 232 of 2016, is the result of discussions and negotiations between legislators and...
|An Ideal Time to Take on Your Accounts Receivable|
Deanna Swisher; Foster, Swift, Collins & Smith, P.C.;
September 7, 2016, previously published on August 18, 2016Have you noticed? We have. Bankruptcy filings are down and we are collecting on accounts that seemed hopeless a year ago. Although not all sectors of our economy are as robust as we would like, the improvement presents two opportunities for businesses that sell goods or services on credit.
|Selected Risk Retention Questions and Answers for CMBS Securitizations|
Michael S. Gambro, Anna H. Glick, Stuart N. Goldstein, Y. Jeffrey Rotblat; Cadwalader, Wickersham & Taft LLP;
September 1, 2016, previously published on August 16, 2016On October 22, 2014, the Office of the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the Securities and Exchange Commission, the Federal Housing Finance Agency and the Department of Housing and Urban Development (the...
|Don’t Hail the CAB - Why FINRA’s Capital Acquisition Broker Rule Set Will Not Get Private Funds to their Destination|
Eric A. Arnold, Clifford E. Kirsch, Michael B. Koffler, Susan S. Krawczyk, Yasho Lahiri; Sutherland Asbill & Brennan LLP;
August 30, 2016, previously published on August 29, 2016For many years, the private fund industry and the securities bar have called for a limited rule set to govern broker-dealers solely engaged in raising capital for private funds or other issuers of unregistered securities or in merger and acquisition advisory activities.