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PPP Loan Enforcement Begins With SBA Issuing a Borrower Questionnaire

by on Compliance. Published December 2nd, 2020

The Small Business Administration will soon require borrowers who received Paycheck Protection Program loans greater than $2 million to complete […]

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

by on Financial Services. Published November 20th, 2020

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

by on Compliance. Published November 11th, 2020

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

by on Financial Services. Published November 4th, 2020

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

by on Financial Services. Published October 28th, 2020

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

by on Financial Services. Published October 21st, 2020

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

by on Financial Services. Published October 14th, 2020

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”

by on Creditors' Rights. Published October 7th, 2020

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

by on Financial Services. Published September 30th, 2020

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

by on Compliance. Published September 23rd, 2020

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