Legal News

Bricker & Eckler's construction attorneys are proud to present "Top Gun," our premier Midwest construction claims webinar series. This free event will cover: - Important construction concepts, including key contract language, best practices for project documentation, the risks of unforseen site conditions, delays and lost productivity claims, and the design professional's standard of care - Strategies to address damage and claims - Tools to analyze, prepare for, and defend against claims for...

The U.S. Securities and Exchange Commission (SEC) proposed a new exemptive order on Wednesday, October 7, which would exempt certain “finders” from broker-dealer registration under Section 15(a) of the U.S. Securities Exchange Act of 1934 (the Exchange Act) that, if adopted, would provide a degree of clarity for intermediaries seeking to assist certain small and emerging private companies with capital formation. Please see full Publication below for more information....By: Hogan Lovells

JLL Partners has announced it has acquired MedeAnalytics. MedeAnalytics, based in Richardson, Texas, is a cloud-based enterprise analytics solutions provider for health systems and health plans....By: McGuireWoods LLP

The compliance component of your M&A regime should begin with a preliminary pre-acquisition assessment of risk. Such an early assessment will inform the transaction research and evaluation phases. This could include an objective view of the risks faced and the level of risk exposure, such as best/worst case scenarios. A pre-acquisition risk assessment could also be used as a “lens through which to view the feasibility of the business strategy” and help to value the potential target. Three key...

As previously discussed, on October 2, 2020, the SBA published Procedural Notice 5000-20057 addressing Paycheck Protection Program Loans and Changes of Ownership. Based on a review of memos on the subject by other law firms and accounting firms, four items stood out as not being regularly addressed (in addition to some expressing the mistaken belief that buyers have to assume the PPP loan in any asset transaction)....By: Bryan Cave Leighton Paisner

Today, the SEC published in the Federal Register a proposed notice of an exemptive order (the “Proposal”) that would, subject to limitations and conditions discussed below, exempt certain individuals seeking to find investors for private companies, unregistered funds and other non-reporting issuers ("Finders") from federal broker-dealer regulation requirements. Among other things the Proposal would allow Finders to earn commissions or other transaction-based compensation. Although not targeted...

The mere allegation of fraud has the potential of wreaking havoc with the carefully negotiated limits on liability specifically set forth in private company acquisition agreements. This is particularly true for the private equity seller distributing the proceeds of a portfolio company sale to its limited partners in reliance upon those limits on post-closing liability. And the use of robust and properly placed anti-reliance clauses to limit the universe of purported representations as to which.....

The Paycheck Protection Program (the “PPP”) created under the CARES Act has provided much needed assistance to millions of businesses and other organizations operating in the United States that have been impacted by the COVID-19 pandemic. This program continues to evolve with the latest development addressing situations in which a PPP borrower is participating in a change of control, merger or an acquisition transaction....By: Dorsey & Whitney LLP

On September 14, 2020, Division One of the Washington Court of Appeals provided clarification in the case of Lake Hill Investments, LLC. V Rushforth Construction Company, Inc., Case No. 79116-8-I, on how the Spearin Doctrine should be applied as a defense to a claim for faulty construction. The court also discussed how delay should be allocated for purposes of imposition of liquidated damages....By: Davis Wright Tremaine LLP

Robbie Hardy spent decades climbing the corporate ladder and being the only woman in the room. When she decided it was time to go out on her own, she sought the legal and business advice of Fred Hutchison, founder of Hutchison PLLC. Together they helped build CI Technologies, which eventually sold to Seagate - a deal that was sealed by a Magic 8-ball....By: Hutchison PLLC