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@sammy707 Welcome to capitalism. The worst possible economic system invented by humanity ... except for every other economic system invented by humanity :-(

@sammy707 If the PPP proceeds distributed for self employed income replacement follow the rules for the PPP and are reported as income to the state for unemployment purposes I don’t see an issue an it’s face, but the vagaries and complications of both the PPP and state unemployment programs make...

@iamasinkingship The old man has the advantage of sitting on his deck on the side of the mountain that he owns sipping whiskey whilst delivering sage advice – but I have to get down in the damn trenches to get the job done ;-)

@iamasinkingship I would obviously prefer to be able to give a definitive legal answer – but I know better :-) But I agree with my father who said that we will know a lot more about the limitations on administrative law (or the lack thereof) after this crisis then we have in half a century.

@iamasinkingship I’m a bit more awake than I was last night. Right in the middle of drafting an appellate brief on the Commerce Claus and Congress’s ability to regulate email as a channel or instrumentality of interstate commerce so I only have so many free brain cells :-)

@iamasinkingship Both actually :-) but I don’t claim to be an unemployment law expert. Prosecution of fraud, however, I can speak to. The problem is that the virtually unfettered discretion of administrators to decide what the law is. So if a state official decides that taking both PPP and...

@ericameeran Well, some of us ;-)

@iamasinkingship Normally my business comes through referrals but I never turn down a good opening to toot my own horn :-)

@iamasinkingship I did win that particular fight: NSF Fires NEON Management though things didn’t get much better thereafter: NEON in Crisis Again Now I sue the government for a living, which is a much better deal: My Bio

@ericameeran Our firm sued the SBA the day the original regulations on loan eligibility came down. The judge dismissed that very afternoon. I know at least one of the lawsuits against the banks has already been dismissed on the basis of there being no private right of action under the statute...

@ericameeran It’s bloody terrifying. I get paid a substantial amount of money by the hour to tell a client what the law is. Lawyers are, at our core, translators from the obscure language called “the law“ to whatever language our client normally speaks. Accordingly, “I don’t know” is a phrase...

@godtrust This is the question that is causing many an attorney many a sleepless night. There simply is not a good answer. The best one can say is that a business should stick as closely to the statute as written as humanly possible. But ultimately the money has to be spent with an eight weeks...

@godtrust Not yet. But there’s nothing to stop them from doing it retroactively on a non-criminal basis. Ex Post Facto is only for criminal law. I am truly terrified of the impact of the SBA forgiveness regulations (that were due a week ago but haven’t come out yet) as it would allow them to...

@travelingfarmgal Pigs get fat, hogs get slaughtered—as my father would say.

@travelingfarmgal If you have never had the displeasure of going through a state unemployment investigation, then I can understand your position which is well-founded in the substance of the law. Regrettably, unemployment is an administrative proceeding that often has nothing whatsoever to do...

@iamasinkingship I see your point that you could theoretically try to pay all the 8 weeks worth in a single week and claim unemployment for the others. However, you have just admitted, in a public forum, that your intent in doing so would purely be to evade the unemployment laws. What you say on...

@charity1 That’s not what the law says—banks must issue loan and then get reimbursed. So the banks are in default of their obligations. But the SBA can’t do anything because there is no way they could issue the loans directly on top of the EIDL program (which they haven’t managed worth a damn as...