Features
An Ounce of Prevention: Preparing for CARES Act Fraud Investigations
The government appears to be fulfilling its commitment to rooting out PPP fraud, even when the amount at issue falls below the $2 million threshold. No matter the size of the loan, a company that obtained PPP funds is not immune from a possible government investigation or audit. Borrowers have already started to submit loan forgiveness applications, and many more will be submitted in the weeks ahead, and both lenders and the government will be scouring these submissions for red flags.
Features
Where Will the Needle Land?
COVID-19 Contact Tracing v. Protecting Personal Privacy As states roll back stay-at-home orders, contact tracing has quickly emerged as an essential tool to manage the spread of the coronavirus and allow the country to return to work safely. But innovative contact tracing methods raise a host of privacy concerns, forcing a reckoning with how we balance privacy and public health.
Features
The Bankruptcy Code's Anti-Discrimination Section and COVID-19
The pandemic has spurred analysis of legal issues as businesses grapple with their respective relationships with both private and public entities. In this article, the authors examine Section 525 of the Bankruptcy Code — the anti-discrimination section, and its implications during COVID-19.
Features
Lessons Learned from Recent FTC Data Security Enforcement Orders
Proposed class actions against Zoom are illustrative of a challenge many businesses face: what is "reasonable" data security? The FTC's key data-security-related enforcement can help guide businesses in developing their data security programs.
Features
Shareholder Class Actions During, and After, COVID-19
Given the current turmoil in the markets, an increasing number of plaintiffs are bringing shareholder class action suits, citing corporate statements about COVID-19. As first-quarter earnings season draws to a close, now is a good time to reflect on the shareholder class actions that have been brought to date related to COVID-19, and others potentially yet to come.
Features
What TARP Investigations Can Teach Us About Stimulus Fraud
For more than 10 years, federal investigators have investigated criminal conduct in connection with the 2008 recession-era TARP program. From those investigations, U.S. Attorneys across the country brought cases and earned convictions for offenses spanning the federal criminal code. We can expect that these same agencies will use the same techniques and strategies to investigate crimes and bring cases involving fraud related to the COVID-19 stimulus packages.
Features
SEC Targeting Fraudulent Disclosures During Pandemic
In the midst the current COVID-19 pandemic, the SEC is paying attention. The Division of Enforcement has made clear that it will act, and act quickly, to stop fraudulent conduct that falls under its jurisdiction related to the pandemic.
Features
Agreement to Amend CA's AB5 Helps Music Industry
After over a year-and-a-half of lobbying efforts by the music industry and negotiations with lawmakers, it was recently announced that AB5 would be amended to accommodate musicians' unique niche in the California economy.
Features
Prosecuting PPP Fraud May Be Harder Than It Seems
This article discusses what tools the government has for pursuing seemingly undeserving PPP borrowers, the obstacles to bringing such cases, and the factors that may influence the government's decision in pursuing criminal or civil cases.
Features
Defending FCA Actions Related to Pandemic Programs
With the federal government appropriating more than $2 trillion for businesses affected by the COVID-19 pandemic, plaintiffs' lawyers, regulators and politicians have trumpeted the search for whistleblowers — many of whom will try to cash in on perceived fraud in the funding programs created by the CARES Act and other enactments.
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