SBA Takes Steps to Address PPP Validation Error Problems

On February 10, 2021, the Small Business Administration (SBA) announced new policy changes to the Paycheck Protection Program (PPP) meant to address an ongoing issue loan applicants face regarding validation error codes. These error codes serve as validation checks to combat fraud and prevent improper loans from being issued to ineligible businesses. However, many eligible businesses have received such error codes during the application and forgiveness process, delaying necessary economic relief. SBA’s new changes grant additional authorities to lenders for borrowers . . . Read More

The First 100 Days: President Biden’s Buy American Executive Order, What Government Contractors Need to Know

President Biden signed an executive order (EO) on January 25, 2021, titled “Ensuring the Future Is Made in All of America by All of America’s Workers.” Referring broadly to all statutes, regulations, rules, and executive orders that relate to Buy America, Buy American, or domestic sourcing requirements as “Made in America Laws,” the EO expresses the new administration’s policy that the U.S. government should maximize the use of domestic products and services and “should, whenever possible, procure goods, products, materials, and services . . . Read More

Weekly Update for Government Contractors and Commercial Businesses – February 10, 2021

If you have questions concerning the content below, please visit this link . WEBINAR: Risk Prevention Strategies: Avoiding Costly FLSA Missteps, February 24, 2021, Nichole Atallah  and  Matt Feinberg . 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 Federal Trade Commission Updates HSR Thresholds, February 4, 2021, David Shafer The Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (HSR) requires that certain mergers, acquisitions, and . . . Read More

The First 100 Days: President Biden’s Plan to Secure a Sustainable Public Health Supply Chain, 3 Tips for Government Contractors

In November, we published a post on potential Biden administration use of the Defense Production Act of 1950 (DPA) in response to the COVID-19 pandemic. In his first week in office, President Biden invoked the DPA and signed an executive order to secure a sustainable public health supply chain. The executive order gives insight into how the Biden administration may use the DPA going forward. The following explains the Biden administration’s goals for pandemic preparedness and potential DPA use and identifies . . . Read More

Protecting Your Company Against Revenue Clawbacks: Preference Actions (Part 2 of 3)

This is part two of our three-part series on revenue clawbacks. Once again, the scenario: a customer goes bankrupt, and then they (or a trustee) demand you return money you were already paid for services or goods duly rendered. In this three-part series, we discuss strategies for protecting your company against these revenue “clawbacks” and how to implement these strategies before and after a customer’s or teaming partner’s bankruptcy filing. In part one , we discussed the definition of preferences and the . . . Read More

Maryland Essential Workers’ Protection Act: How It May Impact Maryland Employers

Although many employers have taken discretionary measures to protect essential employees, there are currently few mandated health and safety requirements at the federal or state level. On January 20, 2021, the Maryland General Assembly’s Senate and House of Delegates introduced the Maryland Essential Workers’ Protection Act . With the bill, Maryland is now considering joining the growing group of states that are imposing requirements on employers who employ essential workers or require employees to work on-site. If passed, it would require employers who employ “essential . . . Read More

Federal Trade Commission Updates HSR Thresholds

The Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (HSR Act) requires that certain mergers, acquisitions, and joint ventures be cleared by the Federal Trade Commission (FTC) and the Antitrust Division of the Department of Justice (DOJ) if they exceed certain valuation and monetary thresholds. If your transaction exceeds the HSR thresholds, and therefore requires antitrust scrutiny, this can materially alter the structure and timing of the proposed transaction. Pursuant to the HSR Act, the FTC is required annually to . . . Read More

Weekly Update for Government Contractors and Commercial Businesses – February 4, 2021

If you have questions concerning the content below, please visit this link . WEBINAR: Risk Prevention Strategies: Avoiding Costly FLSA Missteps, February 24, 2021, Nichole Atallah  and  Matt Feinberg . 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. Native American Law & Tribal Advocacy The First 100 Days: President Biden Signs Memo on Tribal Consultation and Strengthening Nation-to-Nation Relationships, February 4, 2021, Tony Franco Last week, President Biden signed a  Memorandum on Tribal Consultation and Strengthening Nation-to-Nation Relationships . In the . . . Read More

The First 100 Days: President Biden Signs Memo on Tribal Consultation and Strengthening Nation-to-Nation Relationships

Last week, President Biden signed a Memorandum on Tribal Consultation and Strengthening Nation-to-Nation Relationships . In the memorandum, President Biden says “It is a priority of my Administration to make respect for Tribal sovereignty and self-governance, commitment to fulfilling Federal trust and treaty responsibilities to Tribal Nations, and regular, meaningful, and robust consultation with Tribal Nations cornerstones of Federal Indian policy.” The memo also reaffirms Executive Order 13175 , which “charges all executive departments and agencies with engaging in regular, meaningful, and robust consultation with Tribal officials in the development of . . . Read More

COVID-19 Relief in 2021: What Small Businesses Need to Know

Click here to view the recorded session. The recent $900 billion COVID-19 economic relief package is delivering long-overdue help to businesses and individuals. The related legislation, the Consolidated Appropriations Act, provided more than $300 billion in aid for small businesses. It also ensured tax deductibility for business expenses paid with forgiven Paycheck Protection Program (PPP) loans, provided fresh PPP funding, and offers businesses facing severe revenue reductions the opportunity to apply for a second loan. However, it did not renew Families . . . Read More