As in any industry that is subject to government oversight and regulation, participants in SBA loan guaranty programs are subject to higher levels of scrutiny than most businesses.  The consequences…

Banks are repositories for vast amounts of financial information.  This information may be useful to parties in lawsuits in which the bank is just an innocent bystander.  Banks often receive…

Pursuant to the requirements of the Small Business 7(a) Lending Reform Act of 2018, Pub. L. 115-189 (“SBA Reform Act”) that amended the Small Business Act, 15 U.S.C. §651 et…

Last year, the President signed into law the Small Business 7(a) Lending Reform Act of 2018, Pub. L. 115-189 (“SBA Reform Act”) that amended the Small Business Act, 15 U.S.C.…

We have written previously on the Small Business Administration’s increased use of the federal False Claims Act (“FCA”) against lenders who fail to follow the SBA’s Standard Operating Procedures (“SOPs”)…

In making SBA loans, both the SBA and the lenders require that adequate collateral be provided by the borrower to secure the loan.  Security interests are obtained in the borrower’s…