Lewis Kappes
Representing Businesses And Individuals

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Muslim Ban Update

by: Asma Asad
April 27, 2018 ~ 

On September 27, 2017, President Trump issued a Proclamation entitled, “Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry into the United States by Terrorists or Other Public Safety Threats.”


DACA Decision - Judge Bates

by: Sarah Burrow, Director
April 25, 2018 ~ 

On February 25, 2018, US District Judge John D. Bates (District of Columbia) ruled against the Trump administration’s decision to end the Deferred Action for Childhood Arrivals (“DACA”) program, saying the White House was “arbitrary and capricious” in its rescission of DACA on September 5, 2017.


Court of Appeals Says Schools Can Seek Protective Orders on Behalf of Students

by: Sara Blevins, Director
April 2, 2018 ~ 

On Monday, March 26, 2018, the Indiana Court of Appeals ruled that the Indiana Civil Protection Order Act ("CPOA"), Indiana Code § 34-26-5, can be used by a school district to obtain a protective order against a person that poses a threat to students.



Using Independent Counsel to Investigate Allegations of Workplace Wrongdoing – Impartial Perspective and a Way to Maintain Internal Relationships

by: Sara Blevins, Director
March 12, 2018 ~ 

You’ve received a report of employee misconduct – harassment, retaliation, theft, or some other wrongdoing.  Now what?  Employers have a legal obligation to thoroughly investigate certain allegations of workplace misconduct including harassment and retaliation and take swift action to curtail any substantiated wrongdoing. 


Update on Trump Administration Immigration Policy

by: Thomas R. Ruge, Director
February 8, 2018 ~ Immigration News

On January 25th the White House issued its “Framework” for immigration reform.   Although lacking in specifics, some of the measures are promising for immigration advocates and some may be concerning.  What is clear is that enforcement will be a priority.  Rather than characterize the framework, the entire publication from the White House follows.


Operations during Federal Government Shutdown

by: Sara Blevins, Director
January 23, 2018 ~ Education Law News

Many key functions of the federal government were operating as “business as usual” during the federal government shutdown yesterday, although many agency employees were furloughed and operations suspended. 



by: Dallin D. Lykins, Associate
January 17, 2018 ~ Immigration News

After a recent district court’s decision, USCIS has resumed accepting DACA renewal applications. USCIS will accept and process these renewal applications according to the same rules and processes in place before the DACA program was stopped in September 2017.


Technical Corrections to SOP 50 10 5 (J)

by: Kevin A. Morrissey, Director
January 16, 2018 ~ SBA Digest

U.S. Small Business Administration Standard Operating Procedure (SOP) 50 10 5 (J) was announced on October 13, 2017, with an effective date of January 1, 2018.  See SBA SOP 50 10 5 (J).In a previous article, I discussed the many changes set forth in the new SOP and the impact on Lenders.


DACA ALERT: Court orders DACA renewals to continue

by: Thomas R. Ruge, Director
January 11, 2018 ~ Immigration News

On September 8, 2017, the University of California filed a complaint challenging the rescission of the DACA program and asking the court to enjoin the implementation of the rescission. On January 9, 2018, the district court issued an order directing the government to partially maintain the DACA program.


2018 Employment Immigration Legislation and Policy supported by Trump Administration

by: Thomas R. Ruge, Director and Ryan C. Marques, Associate
January 9, 2018 ~ Immigration News

Perhaps the biggest change for the business immigration community that may materialize from the Trump administration will be revisions to the H-1B visa program. President Trump has been consistently critical of the H-1B program, at one point saying, “I will end forever the use of the H-1B as a cheap labor program.” This has been a consistent message, bolstered by key members of President Trump’s inner circle, including Attorney General Jeff Sessions and President Trump’s close advisor and Secretary of State of Kansas, Kris Kobach. 


Searches, Searches, Everywhere . . .

by: Scott A. Oliver, Associate
December 7, 2017 ~ SBADIGEST

In Samuel Taylor Coleridge’s Rime of the Ancient Mariner, the sailor describes his time stranded at sea: “Water, water, everywhere, / Nor any drop to drink.” The line, which is commonly quoted when someone is surrounded by something, but cannot benefit from it, is far from the truth when it comes to ordering proper due diligence searches. In today’s day and age, there are many vendors that can order searches on targeted entities and individuals. However, there is one problem . . . searches are EXPENSIVE and DIFFICULT to unravel. Fortunately, lenders can protect themselves and save on costs by understanding what searches are required and how to analyze results.


SBA Loan Disbursement Requirements

by: Kevin A. Morrissey, Director
December 4, 2017 ~ SBADIGEST

The parties involved in an SBA Loan transaction are typically focused on one thing: closing. This is particularly so when an SBA Loan will finance the acquisition of a business or real estate. Lenders may occasionally feel pressured to schedule closing and approve disbursement of loan proceeds. While timely closing is everyone’s goal, Lenders must keep in mind their responsibilities to ensure the use of proceeds and subsequent disbursement meets the requirements of the SBA Authorization and SOP. With some planning, Lenders can avoid the “day of closing rush” to sign off on the HUD or settlement statement and disburse loan proceeds.


Surviving Landlord Waiver Negotiations

by: Scott A. Oliver, Associate
November 20, 2017 ~ SBADIGEST

Have you ever felt stuck between a rock and a hard place? For lenders, this feeling occurs when they must obtain a Landlord Waiver from an uncooperative third party landlord. If a landlord refuses to sign a Landlord Waiver, it could cause significant delays in the closing process and lead to lengthy negotiations.  Landlord Waivers are commonplace in SBA loans. Therefore, lenders should have a firm understanding of what a Landlord Waiver is, when it is required, and how to “move that rock” and get back on track to closing.