Commercial Finance Publications

Liability Waivers Are Far From Bulletproof

By: Thomas V. Rohan Over the last three months, Davis|Kuelthau has been asked to prepare many liability waivers (“exculpatory clauses”) to be signed by their customers in order to insulate the clients from damage claims relating to potential exposure to the COVID-19 virus. That assignment may seem simple enough, but, in fact, there are a…

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SBA Releases Revised and EZ Forms For PPP Loan Forgiveness Application: What’s New, What Changed and What Stayed the Same

By: Lawrence J. Glusman On June 16, 2020, the SBA released a revised PPP loan forgiveness application form and instructions, along with a brand new “EZ” version and instructions. The forms implement provisions of the recent PPP Flexibility Act of 2020 (signed into law on June 5, 2020) and address criticism that the original forgiveness…

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SBA Releases PPP Loan Forgiveness Application and Instructions: Lays Out Calculation Process and Clarifies Some Open Questions

By: Lawrence J. Glusman On May 15, 2020, the SBA and the Treasury Department released the long-awaited Paycheck Protection Program (PPP) loan forgiveness application and detailed instructions. They also announced that additional regulations and guidance would soon issue to further assist borrowers as they complete their applications, and to assist lenders with their responsibilities. The…

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SEC Emphasizes Anti-Fraud Protections During COVID-19 Pandemic

By: Timothy J. Feldhausen On March 23, 2020, the co-directors of the Division of Enforcement of the U.S. Securities and Exchange Commission (SEC) issued a statement regarding market integrity during the COVID-19 pandemic[1].  Specifically, the statement serves to remind public companies of their obligations to maintain disclosure controls and procedures regarding material nonpublic information. The…

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