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In November 2005, a publicly-traded company announced the resignation of three of its top executive officers following an SEC investigation into the backdating of stock option grants. Since then, more than 20 companies have announced the formation of independent committees to investigate option granting practices or the existence of a government investigation into their option grants.

In a post-Fukushima environment, one of the key challenges for the future of the nuclear industry is its ability to develop and access new sources of finance.

On Tuesday, May 25 2020, Governor Cuomo announced that New York State has established a new loan program to assist COVID 19 impacted small businesses, nonprofits, and small landlords.

Since the creation of the Paycheck Protection Program (PPP) with the enactment of the CARES Act, we have characterized the PPP as a government grant in the form of a forgivable loan.

The New Jersey Supreme Court’s ruling reaffirms the federal preemption provided by the Parity Act and the 1996 OTS Parity Act Regulation, and should give the financial industry some degree of comfort that if they act consistently with the laws and regulations established by Congress and their expert federal regulators, they cannot be second-guessed in state court for that lawful behavior.

On 13 May this year, Dr. Oliver Massmann discussed about the Draft PPP Law with key personnel of the National Assembly.

Although the excess benefit rules in Section 4958 of the Internal Revenue Code have been in effect for more than 10 years, very few of the assessments levied or threatened by the IRS have resulted in litigation.

It is a common occurrence for a contractor or subcontractor to encounter a situation where they are ordered to perform extra work without a signed change order.

Companies planning to import liquefied natural gas into the United States should consider in advance the various US corporate, legal and regulatory risks and liabilities that may arise in connection with this business.

The OTS issued an interpretive letter ("P-2004-5") holding that thrifts may establish an operating subsidiary to own, sell and underwrite asset-backed securities ("ABS"). The thrift had conducted such ABS underwriting activities through a holding company subsidiary, but to save on discounts and commissions, now wished to perform the activities through an operating subsidiary.

Recent press coverage concerning transparency and oversight with respect to the Paycheck Protection Program ("PPP") has largely focused on PPP borrowers and the ability of Congress and federal inspectors.

Managers that rely on the exemption for qualified professional asset managers, or the "QPAM Exemption," should be aware of certain amendments published by the Department of Labor on August 23, 2005 changing the conditions and scope of the exemption.

On Oct. 2, 2020, the Small Business Administration (SBA) issued a Procedural Notice changing the rules regarding when and how the SBA defines a "change of ownership" event.