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What’s New in Business?

Chapter 7 debtor dissolved under State law held responsible for ERISA plan

A company liquidated in bankruptcy and dissolved under state law maintains responsibility for an ERISA plan if it continues to make pay-outs in the company name  The 11th Circuit has interpreted ERISA to require such defunct company’s affiliates to back-stop such plan.  A timely PBGC take-over would have mitigated this result.  

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SEC Proposes issuance of Equity to Gig Workers

The SEC has proposed a rule to exempt the issuance of equity to gig workers in alignment with employee treatment.  This is a positive for workers who would like a share of the company, although it further highlights the disparate treatment of these workers at the Gig employer’s convenience.  

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Entrepreneurs take Tik Tok Houses Public

A new breed of entrepreneurs is investing in social media stars, yielding volatile penny stock investments that are attracting teenagers.  West of Hudson Group operates a network of content houses where many influencers live and has taken them public through a blank check company.  This new trend seems to be begging for better scrutiny from…

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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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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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Telehealth, Mobile health and AI Q3’20 Results

For those interested in a comprehensive yet concise survey of the various digital health sectors, unicorns, investors, trends and more, check out CB Insight’s State of Healthcare Q3’20 Report.  Lots of infographics and charts, and lots of promising up and coming companies, including a focus on Women’s Health.

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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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