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Amendments to CARES Act Paycheck Protection Program

On May 28, 2020, the House of Representatives passed H.R. 7010, which affects a number of amendments to the CARES Act impacting the Paycheck Protection Program (PPP) term and forgiveness provisions. Late on June 3, 2020, the Senate also passed H.R. 7010 without revision, and H.R. 7010 is expected to be signed into law by President Trump, according to media reports.

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Privilege

Accountants Implicate Subtle Privilege and Work Product Issues: Part II

Last week’s Privilege Point described a case applying the generally-accepted view that accountants assisting clients rather than the clients’ lawyers are outside privilege protection -- so copying them on privileged emails waives that fragile protection. An equally well-settled rule is just the opposite on the work product side -- disclosing protected work product to a non-adverse accountant does not waive that robust protection.

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Privilege

Accountants Implicate Subtle Privilege and Work Product Issues: Part I

Accountants can help clients and clients’ lawyers – in ordinary business transactions, in explaining complex issues to lawyers who are giving legal advice, and in litigation. These differing roles at different times can trigger complicated attorney-client privilege and work product doctrine analyses.

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