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Chapter 15 Filings as Cross-border Connectors

Chapter 15 allows foreign companies to file US bankruptcy proceedings to protect US assets.  Over the past year, filings in Canada, Australia and the UK have spilled over to the US.  While each country has its own unique set of laws, these cross-border links demonstrate the truly global nature of insolvency and the need to…

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“Comparable Worth” Law Rectifies Gender Discrimination

The concept of “Comparable Worth” as a way to equalize gender pay under Title VII has been discarded by US courts as too murky to implement.  Meanwhile, in New Zealand, a woman-led government is finally making it law.  It is about time that so-called “women’s work” is recognized and compensated for its skillful value-add.

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Opening The Digital Front Door in Telehealth

The “Digital Front Door” is a new integrated digital experience that empowers people to take an active role in managing their health.  It is based on the use of personalized mobile and web platforms, many of them created by start-ups.  Spurred by COVID-19, established healthcare systems have forged relationships with these start-ups, opening the door to enhanced care.

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Venture Debt is a Growing Option for Start-ups

Venture Debt is a growing option for start-ups to access growth capital, while maintaining founder equity.  The terms of Venture Debt include fixed repayment with interest secured by company assets, with a mild equity twist.  This is a welcome trend, although piggy-backing on the prior infusion and support of Venture Capital.  

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Hybrid Independent Contractor Model Emerges

Uber, Lyft and DoorDash have successfully obtained the CA vote to retain their workers as independent contractors, but they conceded to providing some “employee” benefits to obtain this milestone vote. This may be the beginning of a new model for independent contractor talent hiring in the growing gig ecosystem.  

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SEC to Expand Crowdfunding Investment Pool

The SEC recently voted to expand its mission to help small business fundraise in private markets by increasing the threshold crowdfunding amount to $5M and the amounts that the non-accredited can invest.  This new access is expected to boost entrepreneurship, now ever more present in our new normal of COVID-19.  

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Debt of Single Asset Real Estate entity blows Subchapter V Eligibility

A recent bankruptcy court decision has found the debt of an affiliate that is ineligible to file for Subchapter V to be included in the $7.5M threshold for eligibility (and post-CARES Act, a $2.7M threshold).  In this case, the affiliate was a single asset real estate entity.  This decision appears counterintuitive.  Stay tuned for an appeal?  

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The Catch 22 in Crowdfunding Campaigns

A recent study shows that crowdfunding psychology requires a unique fundraising strategy.  An abundance of early donations is viewed as originating from friends and family who have not scrutinized the deal, while the opposite is inferred from a lean start.  Balancing this perception from day 1 is key to a successful campaign.

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PPP Recipients can Self-Certify for Small Loan Forgiveness

Thankfully, the SBA has issued new guidelines for PPP loan forgiveness with the following changes.  Recipients of $50,000 or less can self-certify that the money was used for covered expenses, the new application is one page short, and the requirement to maintain employee and salary numbers has been eliminated.  This is a great step toward accomplishment of…

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