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Foreign-Owned Company Eligibility for PPP 2.0 Loans

Certain foreign-owned or controlled U.S. businesses are eligible to apply for potentially forgivable loans under the second round of the Paycheck Protection Program ("PPP") included in the recently enacted Economic Aid to...more

Loan Forgiveness Under Paycheck Protection Program: Issues to Consider

While the loan forgiveness features of the Paycheck Protection Program loans (“PPP Loans”) have made PPP loans very attractive to eligible small businesses, borrowers wanting to take advantage of loan forgiveness need to...more

COVID-19: Increased Funding for Paycheck Protection Program Loans, Economic Injury Disaster Loans and Emergency Grants

On April 23, 2020, Congress passed and President Donald Trump is expected to sign into law the “Paycheck Protection Program and Health Care Enhancement Act” (Act) to increase funding for paycheck protection program loans (PPP...more

CARES Act Authorizes Reimbursement for Department of Defense Contractors’ Paid Leave Expenses

Section 3610 (“Federal Contractor Authority”) of the CARES Act, signed into law on March 27, 2020, provides U.S. contracting agencies with discretion to modify the terms and conditions of government contracts to allow for...more

COVID-19: Federal Reserve’s Main Street Lending Program: What Businesses Need to Know to Prepare

On April 9, 2020, the Federal Reserve, acting under the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) and Section 13(3) of the Federal Reserve Act (12 USC §344), announced the creation of a new “Main Street...more

Memo: Financial Assistance USA CARES Act

The Coronavirus Aid, Relief, and Economic Security Act (also referred to as the CARES Act) recently adopted by the US federal government provides for two basic assistance programs available to US subsidiaries of foreign...more

PPP Loan Eligibility: Do You Count Foreign Employees or Just U.S. Employees?

The U.S. Small Business Administration ("SBA") has issued new guidance on the new Paycheck Protection Program ("PPP"), which currently makes loans available to applicants that employ fewer than 500 people (or higher amount...more

COVID-19: Recouping Business Losses Through Business Insurance

As a result of COVID-19 and its effects, including government-ordered shutdowns and advisories, many businesses will voluntarily and involuntarily close or significantly reduce operations, leading to immediate liquidity...more

Invoking Force Majeure for COVID-19 in International Supply Contracts

With COVID-19 spreading throughout the world, parties to supply contracts need to understand whether, and under what circumstances, a party's performance can be excused due to COVID-19. In a previous article, we examined...more

Legal Considerations in Excusing Contractual Performance Due to Coronavirus

Many commentators have assumed that a party to a contract will be excused from performance if the coronavirus outbreak causes its inability to perform. But in order to be sure this would apply in a particular supply contract...more

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