BW INSIGHTS

EU Court Rejects Privacy Shield, EU/U.S. Initiates Discussion on Alternatives

Privacy Shield, a program created by the U.S. Department of Commerce in conjunction with the European Union and Switzerland to help U.S. organizations conform to EU data privacy law when handling data, was invalidated in a decision by the Court of Justice of the European Union on July 16, 2020. The Court first ruled the Privacy Shield framework... Read More

SBA Opens PPP Forgiveness Portal, But Banks Put on the Brakes

The Small Business Administration (SBA) officially opened its Paycheck Protection Program Forgiveness Portal to lenders starting on Monday, August 10, 2020. This means that banks who provided loans to small businesses through the Paycheck Protection Program (PPP) may start processing applications from borrowers to have their loans entirely... Read More

The DOL Fiduciary Rule and NAIC Showdown:  Fiduciary or Not? 

Despite the apparent harmonization between the SEC Regulation BI (Section 240.151-1, eff. 6/5/19) https://www.sec.gov/rules/final/2019 and the NAIC’s Revised Model on Suitability https://www.naic.org/store/free/MDL-275., the Department of Labor proposed a new fiduciary rule which contradicts the Model’s explicit language…the Care Obligation DOES... Read More

A Second Wave of Stimulus Relief Proposed by Congress

Congress is negotiating a new $1 trillion economic stimulus package to help millions of Americans and businesses keep afloat during the continued COVID-19 crisis. Among a host of other benefits, Congress has unveiled the following proposed benefits to help businesses hit hardest by the pandemic: A second round of Paycheck Protection Program loans... Read More

Proposed Legislation Could Provide Additional Relief to Small Farmers

Last week, U.S. Representatives Abby Finkenauer (D-IA) and Dan Bishop (R-NC) introduced bipartisan legislation that would permit farmers to use money from loans acquired through the Paycheck Protection Program (PPP) to pay for rentals of equipment, land, and buildings. The proposed bill is titled the Expanding Assistance to Farmers Act of 2020... Read More

Federal Reserve Expands Main Street Lending Program to Nonprofit Organizations

On July 17th, 2020, the Federal Reserve Board modified the Main Street Lending Program (Program) to provide greater credit opportunities to nonprofit organizations. The Program offers loans to businesses that were in sound financial condition before the Covid-19 pandemic hit. The new regulations allow a wider range of nonprofit entities such as... Read More

IRS Updates Guidelines to Allow Deferral of Employer Social Security Tax

Following the passage of the Paycheck Protection Program Flexibility Act of 2020 (PPPFA), the Internal Revenue Service (IRS) has updated their FAQ regarding an employer’s ability to defer Social Security taxes. Now, even employers that have received partial or full forgiveness of their PPP loan may defer the payment of Social Security taxes due... Read More

130B Unallocated Loan Funds, Senate Passes Unanimous Consent to Extend PPP

Just before the deadline passed at midnight on Tuesday, June 30, the U.S. Senate passed by unanimous consent an extension to the Paycheck Protection Program (PPP) that would allow small businesses until August 8, 2020 to apply for a loan. More than 4.8 million small business owners have received over $520 billion in relief through the PPP so far –... Read More

M&A During COVID-19

If you’re wondering what impact the COVID-19 crisis has had on the M&A world, you’re asking the right question. There is no doubt this pandemic caused turbulence in the financial market, but it may not all be bad news. While some companies are treading carefully during this uncertain economic state, others are moving quickly to secure strategic... Read More