The general purpose of the Cares Act, including the Payroll Protection Program (“PPP”), was to provide needed financial assistance to small businesses struggling with the economic chaos created by the…

What exactly is the “cost of litigation,” and what impact will litigation have on a borrower’s ability to meet its loan repayment obligations?  There are the “out-of-pocket” costs of litigation…

Considering the billions of dollars in PPP loans that Lenders made without being able to employ its customary underwriting and due diligence procedures, it is not surprising that investigations are…

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…