The Paycheck Protection Program (PPP) was a lifeline to many companies faced with the existential threat of an unknown pandemic. But the prospect of “free money” by loan forgiveness comes with ever-evolving strings – including the possibility of an audit and scrutiny by federal agencies with the jurisdiction and political will to investigate borrowers’ eligibility and use of funds.
In this program, Hodgson Russ attorneys Jason Markel, Reena Dutta, and Ben Zuffranieri, Jr. will discuss PPP risks and strategies you can implement now to prepare to protect yourself or your company against the inevitable scrutiny, litigation, and potential criminal investigations that some borrowers may soon face.
Reena specializes in helping clients – in a variety of industries – comply with complicated legal regimes to avoid unwanted and unwarranted government scrutiny. Reena has a background in white collar criminal defense and has extensive experience representing clients in connection with civil and criminal government investigations and prosecutions, most notably in relation to:
Reena’s experience encompasses representing clients in the financial services, healthcare, manufacturing, construction, and real estate industries. In particular, and due to her work with the federal and state False Claims Acts, Reena has developed substantive expertise in navigating the complicated legal regimes governing the provision of health care.
Moreover, her background in litigating against, and also working with, the government gives her valuable insight in counseling clients on compliance and corporate governance matters and maintaining cooperative and helpful relationships with government regulators. Reena has also assisted companies in conducting internal investigations and in responding to, and addressing, government-initiated investigations, including responding to grand jury subpoenas, civil investigative demands, and other forms of legal process. She has also helped individuals navigate the complicated subpoena process when they unwittingly find themselves involved in a legal dispute.
Reena has extensive trial and appellate court experience, ensuring that clients have a strong and effective advocate when litigation becomes necessary. She has authored and presented on various topics relating to the False Claims Act and business crimes.
Reena received her certification as a Certified Professional Compliance Officer (CPCO) from the AAPC, the world’s largest training and credentialing organization for the business of healthcare. The certification evidences Reena’s understanding of the key requirements needed to effectively develop and maintain a healthcare compliance program. CPCO’s have demonstrated knowledge of OIG compliance guidance for individual and small group physician practices, clinical laboratories, and third party billing companies; key healthcare fraud and abuse laws; other healthcare-related laws including HIPAA, EMTALA, OSHA, and CLIA; internal investigations and government investigative activities, and various risk areas.
Prior to joining Hodgson Russ, Reena was an Intern at the U.S. Department of Justice, Civil Appellate Division and a Law Clerk at the Office of the Senate Chief Counsel for Employment.
Jason concentrates his practice on complex civil litigation in both the trial and appellate courts. His practice encompasses general commercial and business disputes, corporate and partnership disputes, construction defects, insurance coverage, and general personal injury and insurance defense. He has written and argued numerous appeals in the New York State appellate courts.
Jason also devotes a significant portion of his practice to Occupational Safety and Health Act (OSHA) consulting, regulatory compliance counseling, and the defense and management of OSHA inspections and whistleblower claims. He has represented manufacturers, construction contractors, sawmills, dairies, nonprofits, coating and dipping facilities, warehouse operators, supermarkets, fabricators, machine shops, trenchers, hospitals, nursing homes, and other businesses. He has published a number of articles regarding OSHA enforcement practices and strategies for mitigating OSHA exposures.
Jason’s multidisciplinary practice combines knowledge from several subject matter areas to facilitate a multifaceted approach to lawyering. He draws upon the interplay of insights, concepts, and experiences from each practice area, which enables a holistic approach to analyzing legal problems and developing strategies tailored to each client.
Jason is OSHA 10-Hour Construction Safety & Health certified.
Mr. Zuffranieri, Jr. has extensive experience and active involvement in commercial, construction and international law matters. His engagements include trials, appeals, arbitrations and mediations, both domestic and international. His cases generally involved complex matters with substantial sums in dispute, including bet-the-company litigations.
Mr. Zuffranieri is the Leader of the Business Litigation and Construction Practices. For many years, he was the Chair of the Hodgson Russ Litigation Practice and he has substantial experience in alternative dispute resolution processes. Among other things, Mr. Zuffranieri is an arbitrator for the American Arbitration Association, National Roster of Neutrals, Commercial Panel. He has also been appointed to the federal court mediation panel for the Western District of the United States District Court. Additionally, he has participated as counsel and as a mediator in numerous arbitrations and mediations involving commercial, international, and construction disputes.
Mr. Zuffranieri was a lecturer at the University at Buffalo Law School from 1987 - 89 and at the State University of New York College at Buffalo from 1984 - 86.
Best Lawyers' 2016 Buffalo Bet-the-Company Litigation “Lawyer of the Year”
Very useful information, well presented.
excellent program on what is sure to be a potential problem for businesses for years to come
I would like to see more law programs on the PPP program and helping clients fill out the loan forgiveness forms that are being issued now
As an attorney and small business owner who applied for and received PPP funds, this course provided the most valuable information in a clear and concise way. The presenters were articulate and the program was the best CLE course I have taken in 25 years. Thank you.
Excellent- presented clearly with substance and certainly timely information.
Thank you, very timely
Very well organized and presented.
Already have .
This is an excellent presentation with a number of areas to review in connection with applications for PPP loan forgiveness.
Absolutely excellent! Your team did an amazing presentation.
Great lecture. Full of great information and strategies!
Fabulous up to date information that I really needed. Thanks to the presenters!
Thanks for good program.