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Retailers and service providers with US business operations should take note: the Federal Trade Commission (FTC) is increasing its scrutiny of negative option marketing activity to combat unfair or deceptive practices related to subscriptions, memberships and other recurring-payment programs. The FTC just issued a notice of proposed rulemaking as part of its ongoing review of its 1973 Negative Option Rule—one of the primary guides for the FTC’s enforcement focus.…

Continue Reading Negative Option Practices Under Increased Scrutiny in the US

FinCEN has issued a notice of proposed rulemaking (NPRM) regarding how the agency is planning to implement the Corporate Transparency Act (CTA).  The NPRM came out on December 8, 2021, accompanied by an explanatory factsheet.  Congress passed the CTA on January 1, 2021 in order to require U.S. companies to disclose beneficial ownership information.
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Continue Reading FinCEN Issues Notice of Proposed Rulemaking for Corporate Transparency Act

On April 14, 2020, the Sheppard Mullin French desk hosted a webinar on the impact of COVID-19 on various business sectors. The webinar was organized as a roundtable discussion with two business leaders, Christopher Mars, the U.S. COO of Marie Blanchere, a leading European traditional bakery brand, and Daniel H. Connor, the U.S. CEO of Sia Partners, a leading international independent management and AI consulting firm. The discussion was moderated by partner and Chair of the French Desk, Valérie Demont, and associate Karl Buhler and focused on the following:…
Continue Reading COVID-19–The 30-Day Mark – A Discussion by Companies on Navigating the New Reality

A main focus for businesses in need of capital recently has been the Coronavirus Aid, Relief, and Economic Security (CARES) Act, which expanded the criteria under which borrowers could apply for loans through the U.S. Small Business Administration (SBA), notably through the Paycheck Protection Program (PPP). The most significant change to the PPP has been the determination that US businesses owned by foreign companies are now eligible for loans. For an overview of the terms and conditions of the program, please see our prior alert.
Continue Reading Alternative Sources of Capital for Foreign-Owned Businesses in the US

The Small Business Administration (“SBA”) in its implementation of the CARES Act just released an updated loan application form for borrowers who want to avail themselves of Title I – Paycheck Protection Program (“PPP”) loans. This form may be found here.
Continue Reading Paycheck Protection Program Loan Applications are Opening Today – Eligibility for Small US Businesses Owned by Foreign Companies

On March 27, 2020, the Coronavirus Aid, Relief, and Economic Security (CARES) Act was enacted, an economic relief package in response to the COVID-19 pandemic. The CARES Act provides economic support at the federal level to the business sector, employees, individuals and families, and specific industries that have been impacted, including air transportation, healthcare, and education.

Summarized below are key aspects of the Paycheck Protection Program, a $349 billion SBA-administered loan and loan forgiveness program described in Division A, Title I – Keeping American Workers Paid and Employed Act of the CARES Act.
Continue Reading Overview Of The Paycheck Protection Program Under The Cares Act (Title I)

On March 27, 2020, President Trump signed into law the Coronavirus Aid, Relief, and Economic Security Act, or the “CARES Act” to provide nearly 2 trillion dollars in aid and relief to individuals, businesses, and other entities in the wake of the spread of COVID-19.  Included in the CARES Act are tax and loan provisions intended to provide financial relief to people and businesses suffering as a result of the disease.

The following summarizes certain key tax-related provisions in the CARES Act.
Continue Reading The CARES ACT – Tax Relief

As part of the federal government’s efforts to soften the economic effects from the Covid-19 pandemic, on Wednesday the IRS issued Notice 2020-17 announcing that federal income tax payments for the 2019 tax year otherwise due on April 15th may be postponed until July  15th 2020 without incurring interest or penalties on the amount due.  In addition, the Notice also postponed to July 15th the due date for quarterly estimated federal income tax payments otherwise due on April 15th.  Earlier statements by government officials had not indicated that the due date for quarterly estimated tax payments would also be extended.
Continue Reading Updated: Treasury and IRS Extend Time to both File and Pay Federal Income Taxes to July 15th; States Taking Their Own Approaches on Income and Similar Taxes

An entity operating in the U.S. needs a U.S. Federal employer identification numbers (“EIN”) in order to open a bank account in the United States, act as an employer, file a tax return and complete certain other corporate tasks.

As of May 13, 2019, entities, other than governmental entities, applying for an EIN must list an individual as the responsible party on the application and in some instances must provide that individual’s Social Security number (SSN) or individual taxpayer identification number (ITIN). Prior to this, common practice had been to list an entity that already had an EIN (such as a parent entity) as the responsible party.
Continue Reading Revised EIN Application Process Permits only Individuals to Serve as the “Responsible Party”

Part I: Advertising and Interviewing

Foreign companies expanding their operations to the U.S. through New York usually handle their U.S. hiring process like the way they do back in their home country. They should not.

While many states place restrictions on the hiring process, New York offers extensive and singular protection to prospective employees whose content and scope is not necessarily in the mind of all U.S. employers; foreign-based ones should, therefore, be even more careful. From posting a job offer to running a background check, New York employment law constantly evolves and thus provides many pitfalls that can turn any hiring process into a costly and lengthy litigation. This article is the first in a two-part series that will address certain key New York laws regarding (1) advertising and interviewing for a job, and (2) offer letters and background checks.
Continue Reading Hiring Personnel in New York: Dos and Don’ts – Part 1