Imagine you’re a longtime employee of a company that operates in a highly regulated industry. Your employment has seen its ups and downs throughout the years, and you have witnessed many transitions: new policies and procedures implemented, new leadership appointed, and new rules and regulations of which your company must comply to remain in lawful standing with regulators. Occasionally, you’ve observed activity that might be questionable but you never thought much about it. That is, until you’re called into a meeting with your company’s lawyers who inform you that “the U.S. Attorney’s Office wants to meet with you.” What do you do next?

Continue Reading “Queen for a Day” or Risk of Peril? Considerations for Proffering with the Government

It’s a situation anyone would dread—you just learned that you must give a deposition for your employer. Perhaps you received a subpoena, or maybe your employers’ in-house or outside counsel shared the bad news. You are nervous and overwhelmed, having never been deposed before. Here are a few simple tips on how to address this daunting situation.

Continue Reading What to Do When You Have to Give a Deposition for Your Employer

The Paycheck Protection Program (“PPP”) was critical in helping small businesses stay afloat amidst the COVID-19 pandemic and resultant government restrictions on all manner of commerce. Now, as more businesses have applied for PPP loan forgiveness, some will receive notice that the United States Small Business Administration (“SBA”) is denying forgiveness of those loans. Small businesses whose PPP loans are denied will receive a letter that looks like this.

Continue Reading Succeeding in PPP Appeals

Imagine this: You litigate a case for years. Your opponent wins summary judgment. You appeal. The appellate court agrees that the summary judgment was erroneous and remands for trial. On remand, your opponent argues that the appellate court actually affirmed the dismissal of one the claims that was clearly remanded for trial. The lower court