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All That Glitters Is Not Gold: A Look at The First Federal Securities PPP-Related Class Action

The CARES Act’s Paycheck Protection Program, while a commendable and necessary initiative, was certain to invite lawsuits against banks. It […]

Avoiding FCPA Trouble – Hints from the DOJ’s Advisory Opinion

If you conduct business internationally, pay attention. A recent Department of Justice advisory opinion offers guidance in complying with the […]

Litigation Issues for Lenders Related to PPP Loans: False Claims Act

Our firm has been at the forefront of the Payroll Protection Program “agent fee” litigation—advising and defending banks in purported […]

Seven States and the District of Columbia Sue to Overturn FDIC’s New “Valid When Made” Rule

In yet another challenge to the current administration’s efforts to abolish the “Madden Rule,” on August 20, 2020, seven states […]

A Brief Look At Lender Liability Litigation: Awareness & Risk Mitigation

What is “lender liability” and when do risks arise? These questions—while quite elemental—naturally occur to professionals at the outset of […]

Unforgiven: Appealing PPP Loan Review Decisions

SBA Issues its Interim Final Rule for Appealing PPP Loan Review Decisions In response to COVID-19, the federal government enacted […]

Bankruptcy Court Holds Filing a Bankruptcy Proof of Claim is “Debt Collection”

A 2020 bankruptcy court decision has created cause for concern among lenders and debt collectors pursuing debtors in bankruptcy court […]

Recent Changes to Bankruptcy Code Helps Lenders and Creditors with Preference Claims

Congress enacted the Small Business Reorganization Act last year, which became effective in February 2020. The SBRA amended the Bankruptcy […]

OCC’s New “True Lender” Rule Already Having Positive Effects: Colorado Settles Long-Running “True Lender” Case

The Office of the Comptroller of Currency recently issued a proposed Final Rule concerning when a national bank is the […]

Prompt Self-Reporting & Full Cooperation in Foreign Corrupt Practices Act Case Persuade SEC and DOJ to Exercise Leniency

The Securities and Exchange Commission and the Department of Justice recently resolved an egregious Foreign Corrupt Practices Act case involving […]