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Business Litigation

“No Vaccine, No Service” – Can A Business Require Customers to be Vaccinated?

by Elizabeth Payne-Maddalena | April 8, 2021 | Business Litigation , Employment & Labor Law

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 floated the idea of requiring all customers…

Separation of powers; Congressional subpoena for the President’s personal papers

by John W. Polk | July 17, 2020 | Business Litigation

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 claimed that generally the financial information would help…

Business Use of Investigative Report Defeats “Work Product” Privilege 

by Terrence O’Connor | June 15, 2020 | Business Litigation , Government Contracts

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 investigation and have the…

SBA and Treasury Issue Interim Final Rule Implementing PPP Changes Made by the Paycheck Protection Program Flexibility Act

by Stephanie Wilson | June 12, 2020 | Business Litigation , Employment & Labor Law

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 April 2, 2020 interim final rule, such…

Paycheck Protection Program Flexibility Act of 2020 Headed to President’s Desk

by Stephanie Wilson | June 4, 2020 | Business Litigation , Employment & Labor Law

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 May 28 and now will go…

Bivens action; whether to extend the Bivens doctrine; separation of powers

by John W. Polk | March 4, 2020 | Business Litigation

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 damages against…

Maryland Bans the Box

by Declan Leonard | February 13, 2020 | Business Litigation

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 from job applications for private employers. Virginia has not joined these states and…

Maryland and Virginia Take Steps to Enact Privacy Laws

On Behalf of Berenzweig Leonard, LLP | February 13, 2020 | Business Litigation

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 California Consumer Privacy Act (also known as…

Fair Debt Collection Practices Act; statute of limitations; discovery rule

by John W. Polk | January 6, 2020 | Business Litigation

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 from the date on which the violation occurs.”…

Agency Properly Converted Sealed Bid Procurement into Negotiated Procurement

by Terrence O’Connor | September 20, 2019 | Business Litigation

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 Meade, MD, it decided to…