PMCCF, CPFF and CARES Act: summary of financial relief for the airline and air cargo industries
The Primary Market Corporate Credit Facility (“PMCCF”) serves as a funding backstop for corporate debt issued by eligible issuers. Under...
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CARES Act: Paycheck Protection Program briefing
The Paycheck Protection Program (“PPP”) provides for loans to eligible recipients (see below) through June 30, 2020, with streamlined...
CARES Act: direct lending to SMEs briefing
Financing under the direct loan program for medium-sized businesses, subject to the following considerations:
- Financing could be in the...
CARES Act: business tax provisions briefing
The Act allows employers that qualify pursuant to criteria described below to take a credit against the employer portion of Social...
CARES Act: financing briefing
Program size
Treasury Secretary authorized to make loans, loan guarantees, and other investments in support of eligible businesses,...
Adequate assurance: how to know where you stand if contractual performance is in doubt
Companies facing increasing uncertainty about contractual performance have a tool that might bring certainty in uncertain times – a...
Considerations for boards evaluating the issuance of equity to the US government in exchange for aid
Editor’s Note: This post, originally published on March 27, 2020, has been updated to reflect the final text of the Coronavirus Aid,...
A quick update on HIPAA developments in response to COVID-19
In the midst of the COVID-19, what's happening with the US's main federal law on medical privacy, HIPAA?
In Congress, the proposed CARES...
COVID-19: temporary suspension of New York statutes of limitations – UPDATED
In response to the COVID-19 pandemic, New York’s statutes of limitations have been temporarily suspended until April 19, 2020 by
Coronavirus, force majeure and foreseeability: was the current pandemic foreseeable, and what would this mean for contract claims?
For the vast majority of us, the speed and scope of the coronavirus pandemic came as a surprise.
Only weeks ago, everything seemed...
COVID-19 concerns for borrowers and lenders: 11 points to keep top of mind for US financings
As the COVID-19 pandemic progresses, both borrowers and lenders will need to consider their rights and obligations under the financing...
Contractual issues raised by COVID-19
As the fallout from the COVID-19 global outbreak will seemingly play out over the near term, contractual counterparties should first seek...
Everything you say can and will be used against you: creating unintended US litigation risk in times of distress
As the COVID-19 pandemic has made it difficult for some parties to meet their obligations, many have begun to seek extensions of...
Safeguarding control: a Delaware Chancery Court ruling provides a useful reminder about fiduciary duties during a time of volatility
Relevant to the times in which we find ourselves, the Delaware Court of Chancery, in a newly released transcript ruling in K-Bar Holdings...
Adding R&W insurance to the toolkit for tech sector M&A
The past several years have seen a rapid rise in deal volume in the technology sector, with cash-rich strategic acquirors from all...
Cybersecurity in the time of COVID-19
The COVID-19 pandemic has changed the world—fast. People are working remotely. Workforces are being displaced and some employees are...
The playbook for switching to a virtual annual meeting: a review of SEC guidance, state considerations, technical administration and the view of investors and advisors
Over the last five years, virtual annual shareholder meetings have been a small, but growing, trend. While percentage increases have been...
Impact of COVID-19 on performance-based awards: what public companies in the US should consider
As global markets continue to react to the COVID-19 outbreak, many public companies are considering whether and how to adjust outstanding...
Why the COVID 19-era financing rounds of 2020 will be different, why more’s at stake, and what fiduciaries need to do about it
For venture capital-backed startups, we are now entering a new phase of financings.
Many will be down-round financings – i.e.,...
How methods to address the challenges encountered in recent IPO processes are evolving in real time
This topic was top of the list during the Spring M&A and Governance Forum hosted last month by Freshfields Partner Ethan Klingsberg...
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