Corporate Transparency Act Alert
Enacted as part of the federal Anti-Money Laundering Act of 2020, the Corporate Transparency Act (“CTA”) requires all entities formed ...
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MH&H Finance & Law Newsletter, Vol. XI
MH&H Finance & Law Newsletter, Vol. XI
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Use, Control & Documented Proof Are The Prime Factors For Determining Ownership Of Social Media Accounts
If a company terminates one of its officers, does that person or his ex-employer own the corporate social media accounts ...
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MH&H Finance & Law Newsletter, Vol. X
MH&H Finance & Law Newsletter, Vol. X
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Disclosure Laws: NY Regulations Finalized, Certain Bank Subsidiaries Now Exempt, and Law Only Applies To Recipients Located Or Managed From New York- Prepare Now For Aug 1 Compliance
MH&H is helping clients stay informed of upcoming Commercial Finance Disclosure Law (CFDL) requirements as new information becomes available. Robert ...
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Julia Gavrilov Reviews Citibank’s Billion Dollar Blunder Case in Recent Article
Writing in Equipment Finance Advisor and ABL Advisor, Partner Julia Gavrilov covers the latest developments in Citibank, N.A.’s case against ...
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MH&H Finance & Law Newsletter, Vol. IX
MH&H Finance & Law Newsletter, Vol. IX
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Q&A On Preparing Now For 1071 – Brett Garver Answers Key Questions, Notes Heavier Burden On Smaller Lenders
Amid concerns about Section 1071’s potential impact on the secured lending and equipment finance industries, Brett Garver answers key questions ...
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Theresa Driscoll Shares Insights On A Recent Lender Liability Decision With ABF Journal
Moritt Hock & Hamroff Partner Theresa Driscoll’s recent article in the ABF Journal examines a recent lender liability decision in ...
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MH&H Finance & Law Newsletter, Vol. VIII
MH&H Finance & Law Newsletter, Vol. VIII
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Brad Pitt’s Vineyard Suit Offers A Cautionary Tale Of Contracts
Nearly every attorney has, at some point, been faced with an implausible exam question and thought to oneself: That would ...
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MH&H Finance & Law Newsletter, Vol. VII
MH&H Finance & Law Newsletter, Vol. VII
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Litigation-Ready Caveats For Stock And Asset Purchase Deals
When entering into a stock purchase agreement or asset purchase agreement, both the purchasers and the sellers should be mindful ...
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MH&H Finance & Law Newsletter, Vol. VI
MH&H Finance & Law Newsletter, Vol. VI
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Federal Court Affirms Employer Right To Require That Its Employees Be Vaccinated
A federal judge in Houston, Texas ruled on June 12, 2021 that Houston Methodist Hospital (the “hospital”) did not violate ...
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Corporate Diversity & Inclusion Efforts Grow with Data Transparency
Studies have consistently shown that increased diversity and inclusion often leads to increased corporate profitability. The demand for diversity is ...
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Healthcare Lender Alert: New Law Impacts New York State Nursing Homes
As part of its recent budget, New York State has enacted a new law that significantly impacts nursing home operators ...
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Indemnification Issues For Acquisition Transactions In The Age Of Independent Contractors
On March 11, 2021, the Biden Administration proposed rescinding the Final Rule, as promulgated on January 7, 2021, regarding the ...
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The No Surprises Act: Congress Takes Aim at Surprise Medical Bills
In the closing days of 2020, Congress passed federal legislation aimed at protecting patients against surprise medical bills and facilitating ...
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Non-Disclosure Agreements
Non-Disclosure Agreements (“NDA”) are customary at the onset of discussions for many commercial transactions, including mergers/acquisitions and joint ventures, and ...
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New York Appellate Court Puts Huge Road Block In Way Of Borrowers Seeking To Enjoin UCC Article 9 Sales
Over the last year, since the onslaught of the COVID-19 pandemic, we have continued to report on how the courts ...
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Electronic Signatures: A “New Normal”
Even before Covid-19, electronic signatures (e-signatures for short) were revolutionizing the way agreements were being executed and stored. Covid-19 has ...
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MH&H Finance & Law Newsletter, Vol. IV
MH&H Finance & Law Newsletter, Vol. IV
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Updated Covid-19 Guidance For New York Employers At The New Year
New legislation and guidance from the Equal Employment Opportunity Commission (the “EEOC”) have reset employer obligations regarding COVID-19 and vaccination ...
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Post-Covid Projects “Restarts”: Contractors Caught Between A Rock & A Hard Place?
Even after New York Governor Andrew M. Cuomo’s New York “PAUSE” program was replaced by the New York “FORWARD” program and ...
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No Get Out Of Jail Free Card: Courts Less Than Receptive To Force Majeure, Impossibility, and Other Defenses
The increase in loan and lease defaults in the wake of COVID-19 has brought to the forefront numerous legal defenses ...
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Round Two: Reauthorization of the Paycheck Protection Program
On December 27, 2020, H.R. 133 – the Consolidated Appropriations Act, 2021 (the “CAA 2021”) was signed into law. The ...
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The Courts’ View of UCC Article 9 Sales In The COVID-19 Environment Is Clearly Changing
While the world may be in a state of semi-paralysis waiting for a COVID-19 vaccine, the legal environment involving creditors’ ...
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Update On Lease Disputes & Covid-19: Is Covid-19 A Get Out Of Jail Card For Tenants?
The number of lawsuits in the New York Supreme Court, New York County, concerning leases between commercial landlords and tenants ...
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Alert: Multiple Updates to the Paycheck Protection Program
On March 27, 2020, the President signed the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) into law ...
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Protecting Your Business When Entering Into A PPE Agreement
Although many businesses throughout the United States were decimated by the economic impact of the COVID-19 pandemic, a few have ...
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Who’s The Boss? DOL Repudiates The Court’s Ruling By Issuing New COVID-19 Leave Guidance
As reported by this blog Court Strikes Down DOL Interpretations of FFCRA on August 3, 2020, the United Stated District Court ...
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Customer Accommodation & Litigation Strategies During The Pandemic: Three Smart Actions You Must Consider Before You Agree To “Work With” Your Customer
COVID-19’s impact on the economy has created a myriad of issues for the business community. Perhaps the most common is ...
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Will Courts Allow Lease Cancellation In The Wake Of Covid-19?
Moritt Hock & Hamroff has been following the impact of the COVID-19 pandemic on creditors’ rights. On May 21, 2020, ...
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Court Strikes Down DOL Interpretations Of FFCRA
A recent New York federal court reminds us that understanding employer obligations under the FFCRA is an ongoing process. In ...
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Alert: Paycheck Protection Program FAQs On Loan Forgiveness & Processing Of Forgiveness Applications
On March 27, 2020, the President signed the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) into law ...
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Pay Me What I Would Have Earned: The Impact Of COVID-19 Shutdowns On The Legal Measurement Of Future Lost Profits
As New York State moves forward with its phased reopening and the state and federal courts resume more regular activity, ...
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Absolution Denied? The Enforceability Of Liability Waivers In the Age Of COVID-19
In an effort to flatten New York State’s infection and hospitalization rate due to the COVID-19 pandemic, Governor Cuomo signed ...
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Should I Stay Or Should I Go? The Proliferation Of Litigation Over Buyers’ Attempts To Unilaterally Terminate M&A Transactions In the Wake Of COVID-19
The changed economic landscape caused by COVID-19, with a shortage of debt financing and volatility in the stock market, has ...
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The Unhappy Meal – A Case Study In The Importance Of Developing & Executing An Effective Return-To-Work Policy
Introduction In today’s environment, business as usual is anything but usual. Companies are struggling to normalize operations and bring their ...
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Alert: Paycheck Protection Program Application Deadline Extended
On March 27, 2020, the President signed the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) into law ...
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Lender Stayed From Proceeding With UCC Article 9 Sale
Moritt Hock & Hamroff recently reported on the impact of the COVID-19 pandemic on Uniform Commercial Code (“UCC”) Article 9 ...
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Update To Paycheck Protection Program (PPP) Loan Forgiveness Application
On March 27, 2020, the President signed the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) into law ...
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What Owners/Operators Of Retail Businesses Need To Know In Order To Lawfully Open Their Doors For Curbside/In-Store Pickup Business Activities
On March 20, Governor Cuomo issued Executive Order 202.6 which directed all non-essential businesses to close. On April 26, 2020, ...
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UCC Sales Held Not Subject To Cuomo Executive Order Barring Mortgage Foreclosures
A recent New York State Supreme Court judge has answered the question of whether Governor Andrew Cuomo’s Executive Order 202.8 ...
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Paycheck Protection Program Update: Loan Forgiveness Application Released By SBA
On March 27, 2020, the President signed the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) into law ...
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No Tax Deduction For Expenses Paid With Forgiven PPP Funds
While the IRS rules that otherwise deductible expenses are not deductible, Congress discusses a legislative fix. The Internal Revenue Service ...
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Paycheck Protection Program Reauthorization and The Paycheck Protection Program & Health Care Enhancement Act
On March 27, 2020, the President signed the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) into law ...
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Update: U.S. Department Of The Treasury Releases Paycheck Protection Program Loan Application & Guidance Sheets
On March 27, 2020, the President signed the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) into law ...
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SBA Rules Carve Out Banks & Other Lenders From PPP Eligibility
The Interim Final Rule issued late last week by the SBA limits the availability of PPP loans to businesses engaged ...
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Governor Cuomo Issues Major Change To How A Board Of Directors May Act (And Other Significant Changes Affecting How We Conduct Business)
Business Corporation Law (“BCL”) §708(b) allows any action required or permitted to be taken by a board (or any committee ...
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Secured Lending Guidelines & Strategies In The Current Crisis
In the midst of the unfolding COVID-19 pandemic, much like during the financial crisis, the banking laws and regulations are ...
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U.S. Department Of The Treasury Releases Paycheck Protection Program Loan Application & Guidance Sheets
On March 27, 2020, the President signed the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) into law ...
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Cares Act & The SBA Paycheck Protection Program
On March 27, 2020, the President signed the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) into law ...
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Federal Stimulus Bill Amends Bankruptcy Code Provisions To Allow Greater Access To Bankruptcy Relief For Individuals & Small Businesses Impacted By COVID-19
On March 27, 2020, President Trump signed into law the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) which ...
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Corporate & Securities Considerations For Companies Impacted By COVID-19
As the Coronavirus (COVID-19) outbreak spreads and the human toll surges, the business world faces profound and unprecedented challenges. Although ...
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Coronavirus Aid, Relief, & Economic Securities (Cares) Act Payroll Protection Loans
The CARES Act which was already passed by the Senate passed in the House of Representatives on Friday, March 27, ...
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Financial Assistance Programs Available To New York City Small Businesses Affected By COVID-19
In addition to the SBA program set forth in our previous postings, there are other programs available to businesses located ...
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Small Business Interruption Loans (Keeping Workers Paid & Employed Act) – What Every Small Business Owner Should Know
In addition to the SBA Economic Injury Disaster Loan (“EID Loan”) program, there is a bill pending that will expand ...
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UPDATE: Eligible Small Businesses In New York State Affected By COVID-19 Can Now Apply For U.S. Small Business Administration (The “SBA”) Economic Injury Disaster Loans
During the COVID-19 outbreak, we will continue to be available to guide and assist our clients in obtaining the working ...
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U.S. Small Business Administration (the “SBA”) To Provide Economic Injury Disaster Loans To Eligible Small Businesses That Have Been Impacted By The Coronavirus (COVID-19)
During these uncertain times, our clients have looked to us to provide guidance on available options to help ease the ...
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MH&H Finance & Law Newsletter, Vol. III
MH&H Finance & Law Newsletter, Vol. III
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Lender Alert: Commercial Finance Disclosure Legislation In New York State Merits Watching
If passed, proposed New York State Senate Bill S5470 (“the Bill”) would impose a disclosure requirement upon certain New York ...
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Lender Alert: Commercial Finance Licensing Legislation In New York State Merits Watching
A bill recently introduced in the New York State Senate (S6688) would vastly expand the reach and scope of the ...
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WOMEN IN LEASING DEMONSTRATE INCLUSIVITY’S BENEFITS
The Equipment Leasing and Finance Association (ELFA) saw its highest attendance by women at its annual convention in Washington, D.C., ...
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NEW YORK’S NEW CONFESSION OF JUDGMENT LAW & THE UNINTENDED CONSEQUENCES OF ITS RESIDENCY REQUIREMENTS
A recent amendment to the Confession of Judgment law in New York State could have a significant effect on litigation ...
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MH&H Finance & Law Newsletter, Vol. II
MH&H Finance & Law Newsletter, Vol. II
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COUNTDOWN TO THE SMALL BUSINESS REORGANIZATION ACT OF 2019: NEW LAW TAKING EFFECT IN FEBRUARY 2020 MAY MAKE CHAPTER 11 REORGANIZATION A VIABLE OPTION FOR SMALL BUSINESSES
In February, a new bankruptcy chapter directed at small businesses will take effect. The Small Business Reorganization Act of 2019 ...
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A GUARANTY FOR EVERY NEED: AN OVERVIEW OF THE VARIETY OF LOAN GUARANTIES-AND HOW TO SELECT THE RIGHT ONE
Underwriting a commercial credit facility is a process of weighing various risk mitigators until the lender is satisfied that the ...
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MH&H Finance & Law Newsletter, Vol. I
MH&H Finance & Law Newsletter, Vol I
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THE REALITIES OF ACCESSION PRIORITY
Lenders often finance items that are installed in and/or affixed to their customers’ other leased or financed assets. When these ...
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WE DO KNOW LIBOR IS GOING AWAY-BUT HERE’S WHAT WE DON’T KNOW YET
LIBOR (or the London Inter-bank Offered Rate), the most widely utilized reference rate for financial transactions in the world, will ...
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ELECTRONIC SIGNATURES: THE TIME IS NOW
What you don’t know can hurt you—at least if you have somehow managed to ignore or avoid the benefits of ...
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EQUIPMENT LESSOR’S DAMAGES CALCULATION RULED UNENFORCEABLE
In a related update, we called attention to risks and pitfalls to lenders and lessors when seeking prepayment premiums and ...
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