Emerging Views® Blog

On March 29, 2023, Congress enacted an exemption (the “Exemption”) from registration as a broker-dealer under the Securities Exchange Act of 1934 (the “Exchange Act”) for certain qualifying brokers effecting securities transactions involving transfers of ownership or control of certain privately held companies. The Exemption...

On January 5, 2023, the U.S. Federal Trade Commission (FTC) proposed a new rule which would prohibit the imposition of non-compete agreements in the employment context. The FTC’s view is that non-compete agreements are “exploitative” and can substantially harm workers, including in particular by preventing workers from...

In April of this year, a group of bipartisan senators led by Tim Scott (R-SC) and Cory Booker (D-NJ) introduced the Opportunity Zones Transparency, Extension, and Improvement Act (OZ Improvement Act) which, if passed, would update the Opportunity Zones tax incentive legislation that was enacted...

With a booming economy and job market, the movement to eliminate non-competes continues to gain federal traction and remains at the forefront of discussions around innovation and economic growth. Most recently, on July 9, 2021, the Biden Administration issued its Executive Order on Promoting Competition...

On September 15, 2021, the House Ways and Means Committee approved certain tax proposals to be included in the “Build Back Better” $3.5 trillion reconciliation legislation. The legislation includes a number of tax increases designed in part to help defray the costs of the Biden...

A letter of credit can be an effective tool for a business when it is required to provide additional payment security to a third party. The letter of credit is essentially a guarantee by a bank or other financial institution (called an “issuer”) to a...

As we have written about extensively over the past couple years, under the federal Opportunity Zones tax incentive program (the “OZ Program”), taxpayers can defer, reduce, and eliminate capital gains taxes by timely investing capital gains proceeds into a Qualified Opportunity Fund (a “QOF”) and...

In previous posts, we have summarized the SBA’s Paycheck Protection Program (“PPP”) and certain related matters, including determination of borrower eligibility and steps borrowers can take to maximize loan forgiveness Click Here To View Previous Post. Following the overwhelming demand of the first round of...