Although not receiving much media attention, in October 2022, the nationwide injunction on Executive Order 14042, Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors (the “EO”) was lifted. The injunction,...more
In a specially scheduled oral argument today, the U.S. Supreme Court heard two issues involving the OSHA Emergency Temporary Standard (“ETS”). One issue pertained to the merits of the appeal and whether the OSHA ETS was...more
Following the U.S. Sixth Circuit Court of Appeals three-judge panel handing down a split decision reinstating the OSHA Emergency Temporary Standard (“ETS”) vaccination mandate, numerous emergency applications were filed with...more
On Friday, December 17, 2021, the Sixth Circuit U.S. Court of Appeals lifted the stay on the Occupational Safety and Health Administration’s vaccine mandate (the “OSHA Rule”). The OSHA Rule requires businesses with 100 or...more
On December 7, a Georgia federal judge blocked the highly contentious federal contractor vaccine mandate from going into effect nationwide. Upon issuing the injunction, the judge ruled that “even in times of crisis this Court...more
On November 4, 2021, the White House extended the deadline for covered federal contractors to comply with the COVID-19 vaccine mandate established by the Safer Federal Workforce Task Force. Now, instead of being in compliance...more
11/12/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Department of Labor (DOL) ,
Dodd-Frank ,
Employer Mandates ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
OSHA ,
Vaccinations ,
Workplace Safety
Late yesterday, the Civilian Agency Acquisition Council (CAAC) released guidance prescribing a class deviation from the Federal Acquisition Regulations (FAR) in order to implement President Biden’s vaccine mandate for certain...more
10/4/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Employees ,
Service Contract Act ,
Subcontractors ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On Monday April 19, 2021, Arizona Governor Doug Ducey signed Executive Order 2021-09 banning vaccine passports in Arizona—also known as digital health passports (“DHPs”). The Executive Order (“EO”) prevents local governments,...more
4/27/2021
/ Arizona ,
Biden Administration ,
Coronavirus/COVID-19 ,
Emergency Use Authorization (EUA) ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Food and Drug Administration (FDA) ,
Governor Ducey ,
State Bans ,
Vaccinations ,
Vaccine Passports
The Paycheck Protection Program (“PPP”) was created on March 27, 2020 as part of the first COVID-19 relief package. Over the past year, Congress appropriated almost $700 billion to the PPP in an effort to provide forgivable...more
3/8/2021
/ Coronavirus/COVID-19 ,
Corporate Counsel ,
Federal Trade Commission (FTC) ,
FOIA ,
Fraud ,
Fraudulent Transfers ,
Loan Forgiveness ,
OIG ,
Paycheck Protection Program (PPP) ,
Relief Measures ,
SBA
In the wake of COVID-19, small businesses have faced unique challenges and hardships. In response, the government created a federal relief program under the CARES Act, the Paycheck Protection Program (PPP), aimed toward...more
3/5/2021
/ Biden Administration ,
CARES Act ,
Coronavirus/COVID-19 ,
Independent Contractors ,
Loan Forgiveness ,
Paycheck Protection Program (PPP) ,
Popular ,
Relief Measures ,
SBA ,
Self Employed ,
Small Business ,
Small Business Loans ,
Sole Proprietorship
Even before COVID-19, counterfeits within the healthcare industry and military supply chains were a significant issue. COVID-19 may only exacerbate the issue for legitimate suppliers and desperate end-users. On February 18,...more
2/25/2021
/ Coronavirus/COVID-19 ,
Counterfeiting ,
Customs and Border Protection ,
Department of Homeland Security (DHS) ,
Healthcare ,
Military Goods ,
Personal Protective Equipment ,
Public Health Emergency ,
Supply Chain ,
Vaccinations ,
Wire Fraud
Due to COVID-19, there have been a significant amount of economic incentive programs and government contract opportunities to assist in stimulus and responding to the crisis. This is in addition to the typical government...more
On January 6, the Small Business Administration (SBA) issued its Interim Final Rule (IFR) for the original Paycheck Protection Program (PPP-1) to reflect changes to the program included in the recent Economic Aid to Hard-Hit...more
1/11/2021
/ Coronavirus/COVID-19 ,
Good Faith ,
Interim Final Rules (IFR) ,
New Guidance ,
Paycheck Protection Program (PPP) ,
Property Damage ,
Publicly-Traded Companies ,
Relief Measures ,
SBA ,
Small Business ,
Small Business Loans
On December 27, the Consolidated Appropriations Act of 2021 (the “Act”) was signed into law. This Act makes available $284 billion for second draw loans under the Paycheck Protection Program (“PPP-2”) and also makes important...more
12/30/2020
/ Borrowers ,
Certification Requirements ,
Consolidated Appropriations Act (CAA) ,
Coronavirus/COVID-19 ,
Eligibility ,
Financial Stimulus ,
Loan Applications ,
Loan Forgiveness ,
Loans ,
Paycheck Protection Program (PPP) ,
Relief Measures ,
SBA ,
Small Business
On October 1, 2020, the U.S. Treasury’s Office of Foreign Assets Control (OFAC) issued an advisory regarding the potential sanctions risk for entities that facilitate ransomware payments. OFAC defined “ransomware” as:
A form...more
11/19/2020
/ Coronavirus/COVID-19 ,
Cybersecurity ,
Department of Defense (DOD) ,
Department of Health and Human Services (HHS) ,
International Emergency Economic Powers Act (IEEPA) ,
New Guidance ,
Office of Foreign Assets Control (OFAC) ,
Personal Information ,
Popular ,
Ransomware ,
State Attorneys General ,
Trading with the Enemy Act
The prevalence of COVID-19 has impacted every American and compelled individuals to rethink everyday processes. Campaigns and voting are no exception. Over the past three months, courts have seen challenges to relax or...more
On May 15, the Small Business Administration (SBA) published its long-awaited Loan Forgiveness Application and Instructions for Borrowers (Application). The Application clarified certain forgiveness rules and calculations for...more
On March 27, the largest stimulus package in American history, the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”), was signed into law by President Trump, which will ultimately inject $2.2 trillion into the...more
4/16/2020
/ CARES Act ,
Coronavirus/COVID-19 ,
Data Collection ,
Health Care Providers ,
Healthcare ,
Pay Discrimination ,
Regulatory Oversight ,
Regulatory Requirements ,
Reporting Requirements ,
SBA ,
SBA Lending Programs ,
Small Business ,
Small Business Loans ,
Wage and Hour
On March 27, 2020, President Trump signed into law the largest spending bill in U.S. history in an effort to combat the COVID-19 pandemic. One focus of the bill is on ensuring that sufficient amounts of critical materials are...more
As the COVID-19 crisis progresses, government contractors continue to see significant impacts on their ability to provide goods and services to federal, state, and municipal government agencies. These issues range from...more
Congressional and executive branch leaders reached an agreement on a $2 trillion relief package to address the economic impact of COVID-19. The Senate quickly passed the measure, which now moves on to the House for a...more
The Export-Import Bank of the United States (EXIM) has announced the temporary expansion or establishment of four financing programs to help exporters cope with the COVID-19 crisis. The crisis has caused a multitude of...more
The COVID-19 pandemic continues to have drastic effects on the U.S. economy, along with business operations and the ability to obtain sustainable financing. With unexpected work stoppages and revenue loss, many businesses are...more
In response to the COVID-19 pandemic, government authorities at every level are issuing declarations limiting daily activities. The orders – ranging from specific industry shutdowns to shelter-in-place executive orders – are...more
3/25/2020
/ Coronavirus/COVID-19 ,
Corporate Counsel ,
Critical Infrastructure Sectors ,
Defense Production Act ,
Department of Defense (DOD) ,
False Claims Act (FCA) ,
Federal Contractors ,
Impracticability ,
Nonperformance ,
Operators of Essential Services ,
Shelter-In-Place
The extent of the impact of the COVID-19 pandemic on the Government’s ability to consistently and aggressively regulate, enforce and prosecute violations of the law during this crisis remains to be seen. Thus far, the...more
3/24/2020
/ Anti-Competitive ,
Antitrust Violations ,
Coronavirus/COVID-19 ,
Crisis Management ,
Cyber Crimes ,
Department of Justice (DOJ) ,
False Claims Act (FCA) ,
Federal Trade Commission (FTC) ,
Government Investigations ,
Law Enforcement ,
Scams