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SEC Relaxes Certain Crowdfunding Rules through August 31, 2020

The Ticker

July 9, 2020

The SEC recently adopted temporary final rules to expedite the offering process for small businesses affected by COVID-19 that are seeking to meet their funding needs through the offer and sale of securities pursuant to Regulation Crowdfunding.

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In Response to Recent Corporate Statements on Racial Justice, New York Comptroller Urges Companies to Disclose Workforce Diversity Data

The Ticker

July 9, 2020

On July 1, 2020, New York City Comptroller Scott M. Stringer announced an initiative calling on companies who recently issued supportive statements on racial equality to publicly disclose the composition of their workforce by race, ethnicity and gender.

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Serving Up Some Help: How Subchapter V Can Solve Problems for Service Industry Debtors During the Time of COVID-19

The Restructuring Report

June 25, 2020

As COVID-19 continues to devastate the U.S. and local economies, the service industry in particular has experienced substantial declines in both business and profits. However, the new Subchapter V of Chapter 11 of the Bankruptcy Code and the CARES Act have provided service industry debtors with new and potentially life-saving tools to solve their unique debt issues moving forward.

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Developments in PPP Loans: Sidestepping the SBA’s Anti-Debtor Stance

The Restructuring Report

June 25, 2020

As Chapter 11 debtors have grappled with the SBA’s surprising anti-debtor stance, a promising strategy has emerged. This strategy does not make sense for every Chapter 11 debtor, but for those Chapter 11 debtors that need additional liquidity and otherwise qualify for a PPP loan, quick action may be necessary.

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Strategies to Improve Treatment of Claims Before Any Bankruptcy Filing

The Restructuring Report

April 22, 2020

Steps and strategies for trade vendors to protect themselves in the event a customer may file for bankruptcy during economic disruption.

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The Covid-19 Economic Fallout: Think Outside the Box for Tools and Remedies

The Restructuring Report

April 22, 2020

Professionals should consider the traditional tools for helping troubled businesses but also explore non-traditional methods of solving client problems.

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CARES Act Increases The Limits For Small Business Bankruptcy Cases, But How Does A Small Business Bankruptcy Case Work?

The Restructuring Report

April 22, 2020

It has been widely reported that the CARES Act increased the debt limit for small business bankruptcy cases under Subchapter V of Chapter 11, but how do small business bankruptcy cases differ from normal Chapter 11 cases and what are the benefits for small businesses?

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Delaware Governor Resolves Virtual Annual Meeting Notice Issues

The Ticker

April 10, 2020

Delaware Governor Jay Carney issued an order that effectively resolves a disconnect between the SEC’s prior guidance for public companies who desire to change the date, time or location of a shareholder meeting due to the public health impact of COVID-19 and the Delaware statutory requirements regarding distribution of an updated notice of a shareholder meeting due to such changes.

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ISS Issues COVID-19 Policy Guidance

The Ticker

April 10, 2020

On April 8, ISS issued new policy guidance regarding the impact of COVID-19 on ISS’s application of its benchmark and specialty proxy voting policies.

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SEC Guidance on Delayed Filing of Form 10-K Part III Information

The Ticker

April 10, 2020

The SEC has issued C&DI Question 104.18 specifying how the 45-day extension period provided by its COVID-19 exemptive order, which was extended through July 1, 2020, by an additional exemptive order, applies to delays in filing Form 10-K Part III information.

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