Member Price
$0
Non-Member Price
$149
Description:
Part One: Paycheck Protection Program: Key Updates and Developments in the Ground Rules of the Program
Wednesday, May 6, 2020
In the weeks since the CARES Act established the Paycheck Protection Program (PPP), the Small Business Administration (SBA) and Treasury have rushed to issue guidance, in often piecemeal fashion, to set the ground rules for applying for a PPP loan and determining eligibility as well as the parameters for loan forgiveness. On May 6, 2020, Amy O’Sullivan and Olivia Lynch of Crowell & Moring LLP will discuss recent key developments and updates to this program. Join us as we cover eligibility requirements, focusing on those presenting the most challenging scenarios, as well as discussion of appropriate use of PPP loan funds and compliance requirements. We will reflect on lessons learned from the first PPP application cycle and how fallout from that has impacted media coverage and has resulted in further guidance, rules, and feedback from Treasury and the SBA. In particular, we will address factors that all companies should consider in light of Treasury’s new guidance on the certification made by all PPP loan recipients, that the loan request is “necessary to support the ongoing operations of the Applicant,” and the impending May 7, 2020 end to the “safe harbor” period. This webinar will contain practical advice on best practices regarding assessing and documenting eligibility determinations and managing use of PPP loan funds.
Amy Laderberg O'Sullivan
Part Two: Paycheck Protection Program: Preparing Your Business Today for Audits, Oversight, and Agency Enforcement and Whistle Blower Actions Tomorrow
Thursday, May 7, 2020
To combat the COVID-19 pandemic, Congress has passed the CARES Act Paycheck Protection Program and has appropriated $659 billion for forgivable loans to small businesses. Though these funds provide necessary assistance to small businesses throughout the nation, they also are subject to complex eligibility requirements and numerous certifications requirements. They will be the target of audits and oversight. And they come with substantial False Claims Act (FCA) enforcement risk. In the wake of multiple news reports identifying publicly traded companies that have received PPP loans, the Treasury and the SBA have issued guidance on the required certification that the current economic uncertainty makes this loan request necessary to support the ongoing operations of the Applicant” and have specified that companies that do not meet this requirement have a “safe harbor” period through May 7, 2020 to return funds. Join us for a webinar in which David Robbins and Mana Lombardo of Crowell & Moring LLP will discuss the scope and implications of this late-breaking guidance, the audit and enforcement organizations that will monitor how PPP loan funds are spent, and what companies can do now to prepare for and mitigate the downstream risks of impending audits and enforcement actions over PPP loans.
Speakers:
Amy Laderberg O'Sullivan
Partner
Crowell & Moring LLP
Amy O’Sullivan is a partner in the firm’s Government Contracts Group. Her practice involves a mix of litigation (with a focus on bid protests and size/status protests), transactional work, investigations, and counseling for clients. Amy's counseling practice ranges from the day-to-day survival issues facing small businesses to the complex and specific legal questions from large defense contractors. She regularly works with the unique issues confronting small businesses as well as those arising in connection with teaming and contracting with small businesses, including navigating the SBA's regulations in such areas as affiliation; limitations on subcontracting; the mentor-protégé program; the SBIR program; and small business, 8(a), ANC, and SDVO SBC status issues. She reviews and negotiates terms of subcontracts, teaming agreements, mentor-protégé agreements, and joint venture agreements. She also has specific expertise on CARES Act Paycheck Protection Program loans, including eligibility analysis, guidance on terms and procedures, and advising on downstream risks of audits and investigations. She has provided counseling on various issues and risks associated with OCONUS contracting and the Defense Base Act.
Crowell & Moring LLP
Amy O’Sullivan is a partner in the firm’s Government Contracts Group. Her practice involves a mix of litigation (with a focus on bid protests and size/status protests), transactional work, investigations, and counseling for clients. Amy's counseling practice ranges from the day-to-day survival issues facing small businesses to the complex and specific legal questions from large defense contractors. She regularly works with the unique issues confronting small businesses as well as those arising in connection with teaming and contracting with small businesses, including navigating the SBA's regulations in such areas as affiliation; limitations on subcontracting; the mentor-protégé program; the SBIR program; and small business, 8(a), ANC, and SDVO SBC status issues. She reviews and negotiates terms of subcontracts, teaming agreements, mentor-protégé agreements, and joint venture agreements. She also has specific expertise on CARES Act Paycheck Protection Program loans, including eligibility analysis, guidance on terms and procedures, and advising on downstream risks of audits and investigations. She has provided counseling on various issues and risks associated with OCONUS contracting and the Defense Base Act.
Olivia L. Lynch
Counsel
Crowell & Moring LLP
Olivia Lynch is a counsel in the Government Contracts Group. Olivia advises contractors on all manner of small business government contracting issues. She counsels large contractors on teaming with small business contractors as well as drafting and complying with small business subcontracting plans. She counsels on affiliation, compliance with the limitations on subcontracting, participation in the Small Business Administration's 8(a) program and mentor-protégé programs, and teaming and joint venture agreements. As a bid protest litigator, Olivia has litigated size protests and appeals as well as small business issues before the Government Accountability Office. She also counsels clients on CARES Act Paycheck Protection Program loans to analyze eligibility as well as assess the risk of and prepare for audits and enforcement actions.
Crowell & Moring LLP
Olivia Lynch is a counsel in the Government Contracts Group. Olivia advises contractors on all manner of small business government contracting issues. She counsels large contractors on teaming with small business contractors as well as drafting and complying with small business subcontracting plans. She counsels on affiliation, compliance with the limitations on subcontracting, participation in the Small Business Administration's 8(a) program and mentor-protégé programs, and teaming and joint venture agreements. As a bid protest litigator, Olivia has litigated size protests and appeals as well as small business issues before the Government Accountability Office. She also counsels clients on CARES Act Paycheck Protection Program loans to analyze eligibility as well as assess the risk of and prepare for audits and enforcement actions.
Part Two: Paycheck Protection Program: Preparing Your Business Today for Audits, Oversight, and Agency Enforcement and Whistle Blower Actions Tomorrow
Thursday, May 7, 2020
To combat the COVID-19 pandemic, Congress has passed the CARES Act Paycheck Protection Program and has appropriated $659 billion for forgivable loans to small businesses. Though these funds provide necessary assistance to small businesses throughout the nation, they also are subject to complex eligibility requirements and numerous certifications requirements. They will be the target of audits and oversight. And they come with substantial False Claims Act (FCA) enforcement risk. In the wake of multiple news reports identifying publicly traded companies that have received PPP loans, the Treasury and the SBA have issued guidance on the required certification that the current economic uncertainty makes this loan request necessary to support the ongoing operations of the Applicant” and have specified that companies that do not meet this requirement have a “safe harbor” period through May 7, 2020 to return funds. Join us for a webinar in which David Robbins and Mana Lombardo of Crowell & Moring LLP will discuss the scope and implications of this late-breaking guidance, the audit and enforcement organizations that will monitor how PPP loan funds are spent, and what companies can do now to prepare for and mitigate the downstream risks of impending audits and enforcement actions over PPP loans.
Speakers:
David B. Robbins
Partner
Crowell & Moring LLP
Crowell & Moring LLP
David Robbins is a partner in the Government Contracts Group and co-leader of the firm’s False Claims Act Practice. David is a leading litigator and investigations lawyer practicing at the intersection of white collar defense and government contracts. His docket includes a broad range of litigation matters including civil False Claims Act, whistleblower reprisal defense, and prime/sub disputes. David’s government service enables him to offer strategic advice based upon managing and coordinating thousands of past investigations, procurement fraud matters, and suspensions/debarments.
Mana Elihu Lombardo
Partner
Crowell & Moring LLP
Crowell & Moring LLP
Mana Lombardo is a partner in Crowell & Moring's Government Contracts Group and co-leader of the firm’s False Claims Act Practice. She has extensive experience defending companies under the False Claims Act, including litigating a variety of procurement fraud matters against the Department of Justice, local public entities, and "qui tam" whistleblowers under the Federal and State False Claims Acts. Her government contracts practice includes conducting internal investigations, advising on government audits and investigations, public sector contract compliance and transactions, and litigating disputes between prime and subcontractors. She also counsels clients on CARES Act Paycheck Protection Program loans to analyze eligibility and assess and prepare for risks of audits and enforcement actions.
WebEd Recording:
Everyone who registers for an AGC WebEd will receive a link with access to the audio recording and the presentation.
Technology Requirements:
AGC of America uses Go-To-Meetings to conduct WebEd. You will not incur any cost for using the platform. However, if you have not used this platform previously, please test your computer prior to the WebEd. You may be required to download software, i.e., Java and may need administrative rights to your computer. For computer specifications, please visit https://www.gotomeeting.com/meeting/online-meeting-support or contact webinars@agc.org.