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Posts in COVID-19 (Coronavirus).
May I Be Excused? New York Federal Court Says COVID-19 Pandemic a “Natural Disaster,” and Why Your Force Majeure Clause Matters

Throughout the ongoing COVID-19 crisis, one of the biggest challenges facing businesses and the legal community has been the lack of clear judicial direction addressing the pandemic’s impact upon contract performance obligations. Few agreements prepared before the pandemic began likely included provisions expressly providing for such an event. Now, contracting parties are wondering whether they or their counterparts are excused from performing under those pre-existing agreements, and how new agreements should be drafted in an ever-uncertain state of the market. The easy but unhelpful answer so far has been “it depends.”

PPP Second Draw – What Businesses and Lenders Need to Know About the New Round of Funding

Many have been waiting for the federal government to pass additional COVID-19 economic stimulus legislation. Those who have a had a particular interest in Congress’s activities include small businesses and lenders who received or lent Paycheck Protection Program (“PPP”) Loans under the CARES Act. Now, more than four months after the last application under the original PPP was accepted, the federal government has passed a bi-partisan COVID-19 stimulus package that contains an extension and modification of the original PPP, which is called the “second draw” program. This note provides a brief overview of the terms of the “second draw” program and a comparison of second draw loans to original PPP loans. 

Tax Implications of PPP Loan Forgiveness

Paycheck Protection Program (PPP) loans taken out in connection with the coronavirus (COVID-19) crisis that were subsequently forgiven raise a number of tax questions. A PPP loan may be forgiven in an amount equal to the sum of: (1) payroll costs; (2) interest (but not principal) payments on covered mortgage obligations (for mortgages before February 15, 2020); (3) any payment for any covered rent obligation (for leases beginning before February 15, 2020); (4) covered utility payments (for utilities that were turned on before February 15, 2020), during the covered period.

Creditors’ Rights Questions During COVID-19 – Part 1

As the coronavirus pandemic carries on, many creditors, including landlords and lenders, are wondering to what extent they can enforce leases and contracts, given various relief programs that have been instituted by federal, state, and local governments, such as eviction and foreclosure moratoriums. Below are a couple of scenarios describing such circumstances and answers to address each.

Q:          My commercial tenant has been shut down or forced to reduce operations because of COVID-19, and now the tenant cannot pay its rent. Can I sue to evict?

COVID Impact on GovCon Deals in 2020

This year has been fraught with global health concerns for everyone and financial burdens on businesses and individuals. But, has the government contracting space been impacted as well or is it business as usual? According to data reported on mergr.com, the number of closed mergers and acquisitions deals in the government contracting industry in the first half 2020 was down 14%, compared to the first half 2019. The average reported deal value was $594 million, while the average reported enterprise value (EV) to revenue ratio was 4.9x.