Minority-Owned Businesses

News & Analysis as of

No Good Public Policy Goes Unpunished: Superior Court Challenge to Utility's Implementation of CPUC General Order 156 Moves...

The California Public Utilities Commission (“CPUC”) is a state agency vested with considerable constitutional and statutory powers. Historically, the CPUC has wielded these powers primarily in pursuit of its traditional...more

Construction Law Advisory - October 2015

The Massachusetts Attorney General is taking action to ensure that general contractors working on public construction are complying with state requirements to use DBE/MBE subcontractors. In August 2015, the Attorney...more

Third Circuit Decision Could Have Broad Implications For Sentencing In Federal Fraud Cases

Last week, the Third Circuit issued a decision that could have major ramifications for sentencing in federal fraud cases. United States v. Nagle dealt with a fraud perpetrated against the Department of Transportation’s...more

Attorney General Crackdown on DBE/MBE Representations in Subcontracts

The Massachusetts Attorney General is taking action to ensure that general contractors working on public construction are complying with state requirements to use DBE/MBE subcontractors....more

84 House members urge expedited CFPB action on small business lending data collection rules

84 House members recently wrote to the CFPB to urge it to expedite rulemaking to implement the small business lending data requirements of Dodd-Frank Section 1071. Section 1071 amended the ECOA to require financial...more

New Citywide Construction Fraud Task Force Promises Tough Enforcement

On August 5th, the Manhattan District Attorney (the "DA’s Office") announced the formation of a multi-agency Citywide Construction Fraud Task Force that will be spearheaded by prosecutors from the office. Its mission is...more

House Financial Services Committee passes CFPB-related bills including bill creating TRID Rule hold harmless period

On July 29, the following four CFPB-related bills were passed by the House Financial Services Committee: H.R. 3192, the “Homebuyers Assistance Act”: The bill would provide a hold harmless period for the TILA/RESPA Integrated...more

Senate Interest in Small Business Loan Data Rulemaking May Significantly Impact Financial Institutions

On July 10, 2015, 19 United States senators, including Sen. Elizabeth Warren, implored the Consumer Financial Protection Bureau (CFPB) to exercise its rulemaking authority related to publicly available small business loan...more

Does the 72-Hour Rule Allow a Contractor in Maryland to Fix a Mistake in its MBE Participation Schedule After Bid Opening?

A recent Maryland Board of Public Works meeting addressed whether the state has flexibility in applying minority business enterprise (MBE) regulatory requirements in State contracts....more

Applying for California Minority-Owned Business Entity Certification: Process & Benefits

We were pleased to announce this week that client Southern Ute Alternative Energy, LLC received certification as a Minority-owned Business Entity (MBE) from the California Supplier Clearinghouse.  Southern Ute Alternative...more

Can You Discriminate Against a Company's Race? Fourth Circuit Says Yes, Grants Standing to Sue for Racial Discrimination

Owners, contractors and other recipients of federal funds be aware: when construction or other federally-funded contracts sour, not only can contracting parties file lawsuits claiming breach of contract, but if the...more

House members propose bill to nullify CFPB indirect auto finance guidance

A bipartisan group of fourteen House members have introduced a bill (H.R. 5403) that would nullify the CFPB’s indirect auto finance guidance issued in March 2013 and require the CFPB to provide for a notice and comment period...more

A Boost for Entrepreneurs: Minority-, Women- and Veteran-owned Businesses

Recognizing that our country -- our “team,” if you will -- is stronger when all our players are on the field and playing to their full potential, our federal and some state governments have developed programs to help...more

What is a joint venture and how is it counted towards minority business enterprise (“MBE”) participation goals in Baltimore City?

Under the Baltimore City Code, a joint venture is an association between at least two business enterprises that provides for the sharing of economic interest. Generally, the joint venture is entered into for mutual benefit...more

Microsoft Makes Minority-Owned Firm Its Premier Provider [Video]

June 25 (Bloomberg) -- Emery Harlan, chairman of Gonzalez Saggio & Harlan LLP, talks with Bloomberg Law's Spencer Mazyck about his firm being named a Premier Provider for Legal and Corporate Affairs by Microsoft Corp. The...more

What rights of appeal does a minority-owned business have in the event it is decertified as a minority business enterprise (“MBE”)...

To be certified as an MBE in Baltimore City, the business must be independent; at least 51% minority owned; been minority-owned for at least 12 months and been in operation for at least 12 months. The minority owner must...more

CFPB Updates Status Of Standard For Assessing Diversity At Supervised Institutions

On March 29, the CFPB’s Office of Minority and Women Inclusion (OWMI) published its annual report about the CFPB’s diversity and inclusion efforts from January 1, 2012 until December 31, 2012. The Dodd-Frank Act created the...more

Minority Business Enterprise Program Adds New Wrinkles

Last fall, Maryland’s renewed Minority Business Enterprise Program was re-enacted with important additions. The updated statute incorporates recommendations and comments that the State received from the Governor’s Office of...more

Disadvantaged and Minority Business Certification in South Carolina

In South Carolina there are several programs designed to benefit those businesses owned and controlled by “disadvantaged” individuals. The key to obtaining certification or designation under all these programs is a...more

Federal Court Declares 8(a) Program Unconstitutional as Applied to Military Simulation and Training Contracts

A federal court has ruled that the section 8(a) of the Small Business Act (SBA) – the statutory basis for the so-called “8(a) program” administered by the U.S. Small Business Administration (“SBA”) – is generally...more

Construction OberView: Court of Special Appeals Strikes Down Maryland Regulation Prohibiting Bidders From Challenging Whether an...

The Court of Special Appeals of Maryland recently decided in Salisbury University v. Joseph M. Zimmer, Inc. that COMAR is invalid. This procurement regulation prohibits a bidder from filing a protest to challenge...more

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