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Economic Stimulus and False Claims Act Liability
Over the past several months, most of us have seen the literal signs of government stimulus alongside the highways and byways we travel ' “Putting America to Work, This Project Funded by the American Recovery and Reinvestment Act,” reads a typical placard. The American Recovery and Reinvestment Act of 2009 (“ARRA”) encompasses a number of government programs designed to stimulate the economy, including “Payments for Specified Energy Projects In Lieu of Tax Credits” (PILOTCs), the “Community Development Financial Institutions Fund,” the “New Markets Tax Credit,” grants to states for low income housing projects in lieu of low income housing tax credit allocations, Department of Energy loan guarantees, and others.
Given the current economic climate, there has been strong interest in these programs. Due to the slowdown of general commercial activity, many stimulus applicants and recipients are companies that have traditionally done little, if any, business with the government. Setting aside the contentious issue of whether stimulus activities are good for the economy at large, it is important that applicants for, and recipients of, stimulus funds realize that participation in these programs could result not only in significant benefits, but also in exposure to legal liability. The peculiarities of Government procurement and grant programs are not novel, but could be beyond the expectation of a company used to doing business solely in the private sector.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Blockchain Domains: New Developments for Brand Owners
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.