News & Analysis as of

Small Business Misrepresentation

Holland & Knight LLP

Small Business Subcontracting Plans: Do Lessors Need Them, and What Do They Do?

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First-time landlords to the government are often overwhelmed by the number of Federal Acquisition Regulation (FAR) and General Services Acquisition Regulation (GSAR) clauses included in government leases. The compliance...more

Bennett Jones LLP

Entire Agreement Clause and Due Diligence Cannot Oust Fraudulent Misrepresentation

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The defence of misrepresentation is still alive in circumstances involving entire agreement clauses and opportunities for due diligence, the Ontario Court of Appeal recently held in 10443204 Canada Inc. v 2701835 Ontario...more

BakerHostetler

Not Every Payment Processing Case Is the Same - the Latest FTC Case Provides Some Helpful Reminders

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Most of the Federal Trade Commission’s (FTC) law enforcement actions involving payment processors have exclusively focused on allegations that processors did not do sufficient due diligence before onboarding questionable...more

Venable LLP

Gig Platforms, Wake Up. All Eyes Are Upon You.

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Constant connectivity through smartphones has ushered in a new way for small businesses to connect with potential customers and gig workers looking for flexible employment. The emergence of companies like Uber, GrubHub,...more

Bass, Berry & Sims PLC

SBA Enlarges Small Business Pool through New Rule Change

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On June 6, the U.S. Small Business Administration (SBA) issued a final rule modifying its methodology for calculating the size of small businesses using an employee-based size standard and authorizes businesses participating...more

Kidon IP

On Deceptive Apps and Practices: Unmasking the ACT App(le) Association

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On July 1, the Federal Trade Commission (FTC), under the leadership of new Chair Lina Khan, held the first open Commission meeting in a series of announced monthly meetings. It was interesting to watch, and I have high hopes...more

Ballard Spahr LLP

New Jersey Attorney General sues merchant cash advance providers

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The New Jersey Attorney General recently filed a lawsuit in New Jersey state court against Yellowstone Capital LLC, its parent Fundry.US LLC, and various Yellowstone subsidiaries and affiliates alleging that the defendants...more

Oberheiden P.C.

SBA Loan Fraud Defense—How to Defend Against an Indictment

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Tips on Preparing to Defend Against Allegations of SBA Loan Fraud During the COVID-19 Crisis - Federal emergency relief legislation—including the Coronavirus Aid, Recovery, and Economic Security Act (“CARES Act”)—has...more

Williams Mullen

Williams Mullen's COVID-19 Comeback Plan: Preparing Today for Tomorrow's PPP Audit

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Part of the 2020 Business Solutions Series presented by by the Hampton Roads Alliance and Williams Mullen Charles E. “Chuck” James, Jr., co-chair of both the Firearms Industry Group and the White Collar & Investigations...more

McCarter & English Blog: Government Contracts...

Alutiiq False Claims Act Settlement Highlights Significant Government Contract Compliance Risks For Tribal, NHO, And ANC 8(a)...

Section 8(a) of the Small Business Investment Act of 1958 authorizes the Small Business Administration (“SBA”) to enter into prime contracts with federal agencies and to subcontract the performance of the contract to...more

Bass, Berry & Sims PLC

Small Business Fraud Leads to Large Monetary Liability in Recent Cases

Two Washington, D.C. area government contractors have agreed to pay the government for their respective roles in defrauding the U.S. Small Business Administration (SBA) in schemes to fraudulently obtain government contracts...more

Proskauer - Whistleblower Defense

Sanctions Award Strengthens Fight to Protect Confidential Company Records

On October 18, 2017, a federal district judge in Alaska ordered a former employee to pay nearly $170,000 of his ex-employer’s legal fees as sanction for removing nine attorney-client privileged documents prior to his...more

Holland & Knight LLP

Court Enforces “Presumed Loss” Rule Where Contractor Misrepresented 8(a) Status to Win Set-Aside Contracts

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In a Memorandum Opinion issued on June 17, 2016, the U.S. District Court for the District of Columbia applied the so-called "presumed loss" rule to assess the full contract value as the measure of the government’s loss for...more

Morrison & Foerster LLP

The FCA Impact Of DOJ’s Increased Focus on Small Business

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In 2014, the Small Business Administration reported that almost a quarter of approximately $367 billion of eligible funding for small business contracting, or roughly $91.7 billion, was awarded to small businesses as prime...more

PilieroMazza PLLC

Understanding SBA s Affiliation Rules

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In this presentation: - Why size matters - How affiliation impacts small business status - Overview of SBA’s affiliation rules and exclusions from affiliation - Tips to avoid/mitigate common...more

PilieroMazza PLLC

Presumed Loss Rule: They Are Who We Thought They Were

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After a gut-wrenching loss on Monday Night Football several years ago, former Arizona Cardinals Head Coach Dennis Green, speaking about the victorious Chicago Bears, famously ranted: “They are who we thought they were. And...more

Foley & Lardner LLP

New Penalties for Misrepresentations From Small Business Government Contractors

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Under a final rule effective August 27, 2013, small businesses, including those in the automotive industry, that willfully misrepresent their small business size status for the purpose of soliciting or obtaining a federal...more

Sheppard Mullin Richter & Hampton LLP

Threats and Vulnerabilities - What Every Contractor Should Know About The SBA's New "Presumed Loss" and "Deemed Certification"...

Nearly three years ago, on September 27, 2010, the President signed into law the Small Business Jobs Act of 2010 (“Jobs Act”), which directed the Small Business Administration (“SBA”) to implement a variety of small business...more

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