Whistleblower Retaliation Liability Under the False Claims Act for PPP Loan Recipients
Earlier this year, my colleague, Matt Feinberg, and I reviewed the False Claims Act (FCA) statistics for 2020 . We forecasted that the Paycheck Protection Program (PPP) and other small business loan programs initiated through the Coronavirus Aid, Relief, and Economic Security (CARES) Act would generate a surge in new FCA matter reporting. This month, a former employee of a government contracting firm filed a complaint against the firm under the federal FCA anti-retaliation clause and Florida state whistleblower statutes. [1] This lawsuit serves as a reminder . . . Read More
5 Fundamentals of the Corporate Transparency Act: Impacts on Small Businesses
On January 1, 2021, Congress enacted the 2021 National Defense Authorization Act. In an effort to strengthen the fight against money laundering and the funding of terrorist activities, it included broad amendments to the U.S. Anti-Money Laundering Act, the most significant of which was the Corporate Transparency Act (CTA). The CTA will greatly impact the way businesses are formed and how they operate, and it will require regular reporting practices that businesses need to prepare for before the CTA takes effect. Below are . . . Read More
Weekly Update for Government Contractors and Commercial Businesses – March 18, 2021
If you have questions concerning the content below, please visit this link . WEBINAR: Roadmap to Joint Venture Agreements: Legal and Accounting Considerations, April 6, 2021, Tony Franco . Read more here . COVID-19 Client Resource Center: To access resources for businesses navigating the COVID-19 crisis, we invite you to visit PilieroMazza’s “ COVID-19 Client Resource Center .” Contact [email protected] for immediate assistance. LITIGATION & DISPUTE RESOLUTION Do Corporations Have Fifth Amendment Rights Against Self-Incrimination? The Corporate Designee’s Rights in a FRCP 30(b)(6) Deposition, March 10, 2021, Megan Benevento Anyone who has watched . . . Read More
Keeping Your PPP from Turning into FCA
Last month, I had the privilege of being a panelist during the Federal Bar Association’s 2021 Qui Tam Conference. Referred to as “the Oscars for False Claims Act nerds,” this year’s conference included such speakers as Senator Chuck Grassley and focused on the False Claims Act (FCA) in times of crisis. The panel I spoke on, titled “Civil Fraud Issues Arising from SBA’s CARES Act Programs,” covered the Small Business Administration’s (SBA) Paycheck Protection Program (PPP), FCA liability risks small . . . Read More
PPP Eligibility Increases Under American Rescue Plan Act, but Deadline to Apply Remains March 31
On March 11, 2021, President Biden signed the American Rescue Plan Act of 2021 (Act). The Act allotted an additional $7.25 billion in Paycheck Protection Program (PPP) funding for small businesses. Moreover, nonprofit entities and digital media companies are now allowed to receive funding. Below are key PPP eligibility updates made under the Act and details on the borrower application deadline. Under the Act, eligible nonprofits now include those employing 500 or fewer employees per physical location (300 or fewer . . . Read More
PilieroMazza Litigators Win Dismissal for Defense Industry Government Contractor in Employment Litigation Case
ALEXANDRIA, VA, MARCH 16, 2021: PilieroMazza is pleased to announce the Firm obtained a full dismissal, with prejudice, of an employment and security clearance litigation in the U.S. District Court for the Eastern District of Virginia on behalf of a government contractor in the defense industry. “This victory highlights the collaborative nature of our practice,” said Matt Feinberg , Chair of PilieroMazza’s Litigation & Dispute Resolution Group and lead counsel on the client’s litigation. “Our representation of this valued client involved attorneys from three of our four . . . Read More
Weekly Update for Government Contractors and Commercial Businesses – March 10, 2021
If you have questions concerning the content below, please visit this link . WEBINAR: Exit Strategies for GOVCONs with Set Aside Contracts: 2021 Insights and Lessons Learned from Business Owners and Advisors, March 17, 2021, Cy Alba . Read more here . COVID-19 Client Resource Center: To access resources for businesses navigating the COVID-19 crisis, we invite you to visit PilieroMazza’s “ COVID-19 Client Resource Center .” Contact [email protected] for immediate assistance. BUSINESS & TRANSACTIONS PilieroMazza’s M&A Team Advises Senture in Its Sale to Kingswood Capital, March 3, 2021 PilieroMazza is pleased to . . . Read More
Do Corporations Have Fifth Amendment Rights Against Self-Incrimination? The Corporate Designee’s Rights in a FRCP 30(b)(6) Deposition
Anyone who has watched a courtroom television drama is aware of their Fifth Amendment privilege against self-incrimination. But “pleading the Fifth” is not something a witness can invoke blanketly to avoid answering questions, especially where a witness is testifying on behalf of a corporation as a corporate designee under Federal Rule of Civil Procedure 30(b)(6). In those circumstances, knowing your available options when preparing a corporate designee witness is key to managing any risks of potential self-incrimination. Rule 30(b)(6) allows . . . Read More
Weekly Update for Government Contractors and Commercial Businesses – March 5, 2021
If you have questions concerning the content below, please visit this link . WEBINAR: Catch Your Breath – A New Era of Labor Enforcement, March 10, 2021, Nichole Atallah . Read more here . WEBINAR: Exit Strategies for GOVCONs with Set Aside Contracts: 2021 Insights and Lessons Learned from Business Owners and Advisors, March 17, 2021, Cy Alba . Read more here . COVID-19 Client Resource Center: To access resources for businesses navigating the COVID-19 crisis, we invite you to visit PilieroMazza’s “ COVID-19 Client Resource Center .” Contact [email protected] for immediate . . . Read More
PilieroMazza’s M&A Team Advises Senture in Its Sale to Kingswood Capital
LONDON, KY, MARCH 3, 2021: PilieroMazza is pleased to announce the successful sale of our client Senture, LLC—a leader in large-scale, complex, multi-channel contact center and knowledge management solutions for commercial clients, government agencies, and systems integrators—to private equity group Kingswood Capital Management. Senture’s combination of flexible technology, proprietary training, dedicated staff, and speedy response to the COVID-19 pandemic enabled it to further accelerate its significant growth trajectory in recent years and throughout the course of 2020. “PilieroMazza’s team did an . . . Read More