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
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
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
The construction industry has seen increased costs and contract performance concerns resulting from the impacts of COVID-19. For construction firms contracting with the government, it is critical to understand how to position the firm to recover increased costs. Following are four key recovery strategies to better prepare you before filing a claim or request for equitable adjustment (REA). 1. Understand How Contract Provisions Help Carefully examine the contract to identify provisions that may excuse delays or provide for recovery in . . . Read More
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
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
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
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
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
