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Business Litigation

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

On Behalf of Berenzweig Leonard, LLP | 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

On Behalf of Berenzweig Leonard, LLP | 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

On Behalf of Berenzweig Leonard, LLP | 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…

Firearms; mass shooting; negligent background check; Federal Tort Claims Act; discretionary function

On Behalf of Berenzweig Leonard, LLP | September 9, 2019 | Business Litigation

SANDERS, et al., v. UNITED STATES OF AMERICA, ___ F.3d ___, U.S. Court of Appeals for the Fourth Circuit, No. 18-1931 (30 August 2019). Federal law prohibits several categories of persons from buying or possessing a firearm, including anyone who is an unlawful user…

Private Property and Takings Clause of the Fifth Amendment

On Behalf of Berenzweig Leonard, LLP | August 5, 2019 | Business Litigation

KNICK v. TOWNSHIP OF SCOTT, PENNSYLVANIA, ___ U.S. ___, No. 17-647 (21 June 2019) The Takings Clause of the Fifth Amendment states that “private property [shall not] be taken for public use, without just compensation.”  The Supreme Court has long held that property owners may bring Fifth Amendment claims against…

FAR Submission Deadline for “Offers” Can Apply to “Quotes”

On Behalf of Berenzweig Leonard, LLP | July 17, 2019 | Business Litigation

We have previously blogged about some of the critical differences between an offer submitted in response to a Request for Proposal (RFP) and a quote submitted in response to a Request for Quotation (RFQ). A recent decision of the Government Accountability Office (GAO) highlighted another difference: language in an…