As we start to return to normal, many businesses are eager to start the recovery process after surviving 2020. However, many businesses are also keeping in mind the safety of their employees and their customers as capacity limits are eased. Recently, some businesses...
Separation of powers; Congressional subpoena for the President’s personal papers
TRUMP v. MAZARS USA, LLP, ___ U.S. ___, No. 19-715 (9 July 2020) During April 2019, three committees of the U.S. House of Representatives issued subpoenas for information about the finances of President Trump, his children, and affiliated businesses. The House...
Business Use of Investigative Report Defeats “Work Product” Privilege
When companies get into trouble and need to investigate and prepare a report on it to the government, they typically want to limit the report’s exposure. One way to limit disclosing company information in these situations is to hire an outside law firm to direct the...
SBA and Treasury Issue Interim Final Rule Implementing PPP Changes Made by the Paycheck Protection Program Flexibility Act
On June 11, 2020, the SBA and the Treasury Department released an interim final rule to reflect the changes to the Paycheck Protection Program (PPP) made by the Paycheck Protection Program Flexibility Act (PPPFA). This interim final rule changes key provisions of the...
Paycheck Protection Program Flexibility Act of 2020 Headed to President’s Desk
On June 3, 2020, the Senate passed the Paycheck Protection Program Flexibility Act of 2020, which amends the Paycheck Protection Program (PPP) to modify provisions related to the forgiveness of loans under the program. This bipartisan bill was passed by the House on...
Bivens action; whether to extend the Bivens doctrine; separation of powers
Hernandez v. Mesa, ___ U.S. ___, No. 17-1678 (25 February 2020) In Bivens v. Six Unknown Fed. Narcotics Agents, 403 U.S. 388 (1971), the Supreme Court held that a person claiming to be the victim of an unlawful arrest and search could bring a 4th Amendment claim for...
Maryland Bans the Box
Last month, Maryland officially “banned the box” and enacted legislation that prohibits employers from initially seeking job applicants’ criminal records. Maryland now joins the District of Columbia and 13 other states that mandate removing criminal history questions...
Maryland and Virginia Take Steps to Enact Privacy Laws
Maryland and Virginia are the most recent states taking initiatives to enact consumer-focused privacy laws. They join a growing trend among states to pass privacy protection laws aimed at protecting their residents. The most notable and widely talked about was the...
Fair Debt Collection Practices Act; statute of limitations; discovery rule
ROTKISKE v. KLEMM, ___ U.S. ___, No. 18-328 The Fair Debt Collection Practices Act (FDCPA) authorizes private civil actions against debt collectors who engage in certain prohibited practices. The statute provides that a private action must "be filed within one year...
Agency Properly Converted Sealed Bid Procurement into Negotiated Procurement
GAO recently addressed a relatively rare protest issue: a protest of the government’s conversion of a sealed bid solicitation into a negotiated procurement solicitation based on unreasonable bid prices. When the Army wanted to build an access control point at Fort...