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

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 covid19@pilieromazza.com 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

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 covid19@pilieromazza.com for immediate . . . Read More

Weekly Update for Government Contractors and Commercial Businesses – February 19, 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 covid19@pilieromazza.com for immediate assistance. GOVERNMENT CONTRACTS SBA Takes Steps to Address PPP Validation Error Problems, February 12, 2021, Cy Alba On February 10, 2021, the Small Business Administration (SBA) announced new policy changes to the . . . Read More