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Section 889(a)(1)(B): Five Things to Know About the Interim Rule and a Roadmap for Compliance

- Akin Gump is hosting a Webinar tomorrow, August 6, 2020, at 12:00 p.m. (EST) to discuss Section 889, the implementing regulations, and the grant and loan restrictions also effective August 13, 2020. - On July 14, 2020, the DOD, GSA, and NASA (“the Federal Acquisition Regulatory Council” or “FAR Council”) published an Interim Final Rule (“Rule”), effective August 13, 2020, implementing Section 889(a)(1)(B) of the 2019 NDAA (i.e., “Part B” or the contractor “use” ban) (85 Fed. Reg. 4...
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Investors, Start Your Engines

The FTI Journal’s series looking at opportunities for private equity in distressed M&A in the COVID-19 era continues with a snapshot of the automotive industry....By: FTI Consulting
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FTI Consulting | Aug 05,2020 |

IN THE NEWS: The Potential Divorce of Simon and Taubman

Simon Property Group, Inc. (“Simon”) wants out of a deal to acquire its competitor, Taubman Centers, Inc. (“Taubman”), due to the COVID-19 pandemic....By: Gray Reed
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Gray Reed | Aug 05,2020 |

Buyer’s Claim of Fraud and Fraudulent Inducement in Connection with $106 Million Purchase of Target Allowed to Proceed Due to Failed Anti-Reliance Language and Despite Bootstrapping Rule

The Delaware Chancery Court in The Anschutz Corporation et. al. v. Brown Robin Capital, LLC ruled against dismissing several of Buyer’s claims in a dispute involving the $106 million acquisition of OnRamp Access, LLC (“Target”) by LightEdge Holdings, LLC (“Buyer”)....By: Gray Reed
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Gray Reed | Aug 05,2020 |

The Notice of Contract Mechanism: How Contractors Can Avoid Double Payment

As the economic crisis stemming from the coronavirus pandemic unfolds, it is ever more important that contractors and subcontractors protect their payment rights and avoid the risk of double payment; i.e., the risk of having to pay twice for the same work. On private projects in North Carolina, one of the most common methods for protecting payment rights and defending against double payment claims is the Notice of Contract mechanism. The Notice of Contract mechanism is also one of the most...By...
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Ward and Smith, P.A. | Aug 05,2020 |

A Radically Changing Landscape

The FTI Journal continues its look at opportunities for private equity in distressed M&A given the pandemic-affected economy. Here is a snapshot of industrials....By: FTI Consulting
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FTI Consulting | Aug 05,2020 |

[Audio] Welcome to the Founder Shares Podcast!

Welcome to the Founder Shares Podcast from Hutchison PLLC, where we share stories of what it’s like to be just crazy enough to meet the challenges of entrepreneurship. Hosted by Hutchison attorney Trevor Schmidt, we are excited to kick-off our first season August 19th with two episodes....By: Hutchison PLLC
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Hutchison PLLC | Aug 05,2020 |

EBITDA, Adjusted EBITDA, and EBITDAC in the Age of COVID-19

The definition earnings before interest, taxes, depreciation and amortization (“EBITDA”) and adjusted EBITDA have always been important and highly negotiated pieces of credit agreements and M&A transactions....By: Gray Reed
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Gray Reed | Aug 05,2020 |

Florida's State of Emergency for Hurricane Isaias Gives Developers, Permit Holders More Time

Florida Gov. Ron DeSantis issued Executive Order 20-181 on July 31, 2020, declaring a state of emergency due to Hurricane Isaias for the following counties: The declaration of a state of emergency concerning a natural emergency adds additional time for developers and other permit holders to toll and extend development orders, permits and other authorizations…...By: Holland & Knight LLP
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Holland & Knight LLP | Aug 05,2020 |

[Video] 31 Days to a More Effective Compliance Program - BOD Compliance Committee

Under the U.S. Sentencing Guidelines, the Board must exercise reasonable oversight on the effectiveness of a company’s compliance program. The DOJ Prosecution Standards posed the following queries: 1) Do the directors exercise independent review of a company’s compliance program? and 2) Are directors provided information sufficient to enable the exercise of independent judgment? Moreover, the FCPA Resource Guide, 2nd edition required a CCO to have direct access to the Board or an appropriate....
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Compliance Evangelist | Aug 05,2020 |
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