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M&A and Corporate

How M&A Can Help Grow Your Small Business

On Behalf of Berenzweig Leonard, LLP | March 23, 2023 | M&A and Corporate

Mergers and acquisitions (M&A) are often associated with large corporations and billion-dollar deals, but they can also be a valuable tool for small businesses looking to grow and expand. M&A can provide small businesses with access to new markets, customers, and technology, as well as the resources and expertise…

What You Need to Know About Virginia’s New Data Privacy Law

On Behalf of Berenzweig Leonard, LLP | December 2, 2022 | M&A and Corporate

The Virginia Consumer Data Protection Act (VCDPA) goes into effect on January 1, 2023 but covered entities should begin preparing now to work toward compliance. Below is an overview of the key aspects that businesses should be aware of. Who does it apply to? The VCDPA…

Important Update Regarding PPP Loan Application “Good Faith Certification” Requirement 

by Stephanie Wilson | May 13, 2020 | Employment & Labor Law , M&A and Corporate

On May 13, 2020, the U.S. Department of the Treasury and the Small Business Administration revised their Frequently Asked Questions concerning the Paycheck Protection Program (“PPP”) to provide additional guidance on how it would review a borrower’s certification that “[c]urrent economic uncertainty makes this [PPP] loan request necessary to support…

U.S. Justice Department Revised Guidance Offers an Inside Look at How Prosecutors’ Consideration of Compliance Programs Drives Their Decision-Making

On Behalf of Berenzweig Leonard, LLP | May 20, 2019 | M&A and Corporate

This past April, the U.S. Department of Justice updated its guidance document setting forth policies and examples to assist federal prosecutors in evaluating compliance programs. As those within highly regulated industries like government contracting and health care already know, the fact that a company has a well-designed and effective compliance…

Arbitration; Judicial Review Of Arbitration; Confirmation Of Arbitration Award

On Behalf of Berenzweig Leonard, LLP | November 8, 2018 | M&A and Corporate

Meuse, et al. v. Henry, et al., Virginia Supreme Court, No. 170604 (4 October 2018) Arbitration; judicial review of arbitration; confirmation of arbitration award Charles Dickens had a talent for naming characters with names suggesting the character’s personality.  Recall, for example,…

Taking Exception to the Futility Exception

On Behalf of Berenzweig Leonard, LLP | July 25, 2018 | Business Litigation , M&A and Corporate

Dorothy C. Davis, derivatively on behalf of Woodside Properties, LLC v. MKR Development, LLC, et al., Virginia Supreme Court No. 171020 (31 May 2018) “Happy families are all alike; every unhappy family is unhappy in its own way.” (Anna Karenina, by Leo Tolstoy).  This case is about an unhappy family…

Stretching the Limits of “Scheme Liability”

On Behalf of Berenzweig Leonard, LLP | June 29, 2018 | Business Litigation , M&A and Corporate

On Monday, June 18, 2018, the United States Supreme Court granted a request to review SEC v. Francis Lorenzo, a case that asks the Justices to clarify the limits of so-called “scheme liability” under the federal securities laws given the limits on so-called “statement liability” established by prior Supreme Court…

The Hotline is Ringing: Best Practices for Internal Corporate Investigations

On Behalf of Berenzweig Leonard, LLP | June 26, 2018 | M&A and Corporate

At some point, nearly every company faces a situation in which there are irregularities or other issues that the government—rightly or wrongly—views as having criminal implications. In today’s legal climate, companies that ignore reports about the conduct of their employees do so at their own peril. In such circumstances, the…

The Best Way to Negotiate a Fair Profit on Equitable Adjustments

On Behalf of Berenzweig Leonard, LLP | March 10, 2016 | Business Litigation , Government Contracts , M&A and Corporate

When the government changes a contractor’s work, the contractor is entitled to an equitable adjustment under the Changes clause for not only any increased costs but also for profit on those costs. Negotiating a fair profit presents a…

Selling Your Company? Make Sure Your Deal Protects Privileged Communications.

On Behalf of Berenzweig Leonard, LLP | March 28, 2014 | Business Litigation , M&A and Corporate

The Delaware Court of Chancery, one of the most sophisticated and influential venues for the resolution of corporate disputes, has held that when one company acquires another, privileged communications between the acquired company and its attorneys are not protected during subsequent litigation between the companies unless the…