The Office of Advocacy celebrates the launch of a new website on February 14, 2018. The U.S. Small Business Administration’s Office of Advocacy is an independent entity that serves to advocate for the concerns of small businesses across America. Read More
Mitch Tyner, an experienced lawyer and small business owner and investor from Mississippi, has joined the Office of Advocacy as a Senior Advisor to the Chief Counsel and Director of Regional Affairs.
Les Davies has joined the Office of Advocacy as the small business advocate for Region 5. In his new role, Davies will be the direct link between the region’s small business owners, state and local government agencies, state legislators, small business associations and the Office of Advocacy of the U.S. Small Business Administration. SBA Region 5 covers Illinois, Indiana, Michigan, Minnesota, Ohio and Wisconsin.
Zvi Rosen is working as an Assistant Chief Counsel focusing on international intellectual property rights for small businesses.
Rosen is a graduate of Yeshiva University in New York City where he majored in History. He earned his Juris Doctor at Northwestern University School of Law. He went on to earn his Master of Laws in Intellectual Property at the George Washington University Law School.
Of his myriad publications that have been published or that are works-in-progress, Rosen has covered “An Empirical Study of U.S. Copyright Registrations and Renewals, 1870-1977” and “The Twilight of the Opera Pirates: A Prehistory of the Exclusive Right of Public Performance for Musical Compositions.”
Among his professional background as legal intern, law clerk and attorney, Rosen also has taught trademark law at the GW, taught legal research and writing while a visiting assistant professor and scholar at Hofstra University, and worked at the U.S. Copyright Office.
He also blogs on intellectual property issues and has hosted numerous podcasts on Supreme Court decisions.
Seattle attorney Apollo Fuhriman joined Advocacy’s regional team in May. He brings a portfolio to the job that includes public policy experience, legal practice and sports medicine.
Most recently, as part of Microsoft Corporation’s government affairs team in Redmond, Wash., Fuhriman worked with local, state, and federal agencies on core issues. During an earlier stint with Microsoft, he prepared visa extension applications. He has also worked on property rights and land use issues.
As region 10 advocate, he represents the office in Alaska, Idaho, Oregon and Washington.
Fuhriman said, “My No. 1 priority is to make sure that we in the Northwest are heard back in ‘the other Washington.’ I worked most recently from the technology world at Microsoft and was able to see what a large entity is able to do in working to streamline government processes and I want to transfer the ideas on how to make changes to the small business world, regardless of industry or size of business. In particular, I want to ensure that in the digital economy that regulations and regulators do not limit this hyper-growth economy.”
Earlier in his career, Fuhriman held positions as athletic trainer, supervisor and local representative for the San Francisco Giants, the Pittsburgh Pirates and the Seattle Seahawks.
“What excited me most about this position is the opportunity to reach out directly to individuals and small businesses here at home and try to help them by working to make the federal government less onerous. I originally went back to D.C. to help do that, but I like the opportunity to be more directly involved with individuals in this process,” Fuhriman said.
Advocacy will hold small business roundtables in Fuhriman’s region next month.
“We would love for regional small businesses to come and participate and let us know about undue obstacles caused by federal regulations or agencies,” Fuhriman concluded.
Phil Lovas has been named the small business advocate for region 9. He is the office’s eyes and ears in his region: Arizona, California, Guam, Hawaii, and Nevada.
Lovas chaired President Donald J. Trump’s Arizona campaign effort in 2016, and he was an Arizona State Representative from 2012 to 2017. During the most recent Arizona legislative session, he served as chairman of the Rules Committee and served on the Banking and Insurance Committee.
Prior to serving in the legislature, Lovas was a regional director of development in the hospitality industry and spent over a decade developing franchised hotels throughout the western United States.
Lovas’ priorities for his region are numerous.
“The first priority is to let small business organizations and proponents know I am in their region and available to help. I have been to a number of small business meetings during my time with Advocacy and the public doesn’t know about all the resources the SBA provides. Working through the federal government can be challenging for many small business owners so it’s important to be an available resource,” Lovas said. “I am working to learn the issues that are important to each district. Region 9 is very diverse and the issues in northern California may be very different from those in Arizona or Hawaii.”
Lovas said he is bringing some of the lessons he learned before becoming a regional advocate to the position.
“Much of my background is in the franchise industry. I would recommend those thinking about a small business and deciding whether to purchase a franchise or not think about what kind of business owner they want to be. Each case is unique, but generally, if one wants the simplest route to a starting a business, a franchise can provide a great template to business success. They often have systems in place that make it as turnkey as possible,” Lovas said. “However, if one sees themselves as a more creative person who colors outside the lines, then franchising may not be the right fit as a franchiser could dictate everything from standards to purchasing. Finding the right industry and the right business fit for your personality is very important.”
He is stationed in the SBA’s Arizona District Office in Phoenix.
Jason Doré is leading the Office of Information and Public Affairs as Advocacy’s assistant chief counsel for external affairs. He comes to us from leading the Republican Party of Louisiana since 2011. He has extensive campaign, outreach, and media experience in this position. Doré has been a partner in his own law firm in Baton Rouge, La., since 2009, and he is a member of the bar in Louisiana and Texas. Doré received his J.D. from Louisiana State University’s Hebert Law Center, and he received his bachelor’s degree in mass communications from LSU. He also studied at Université Sainte-Anne in Nova Scotia, Canada.
A native of Lafayette, La., Doré displays his Louisiana roots with pride. At home he is a member of the Krewe of Endymion, and during his time in Washington, D.C., he now belongs to the Mystick Krewe of Louisianians.
Doré said, “I think it’s an honor and humbling to be able to serve in any administration. I am particularly excited about serving in this administration and in this office, as President Trump has made reducing the regulatory burden on small businesses a focal point of his domestic agenda. Regulations have a huge impact on small businesses especially those in Louisiana and I’m thrilled to be a small part of the effort to lighten the federal regulatory burden on America’s small businesses.”
By Katie Moore, Legal Intern
On Wednesday, June 15, 2016, Chief Counsel for Advocacy Darryl L. DePriest participated as a panelist in the Regulatory Policy Committee of the Administrative Law and Regulatory Practice Section of the American Bar Association’s Administrative Law Summer School: The Regulatory Flexibility Act. Joining him on the panel were: Daniel Cohen – the Assistant General Counsel for Legislation, Regulation, and Energy Efficiency at the Department of Energy; Keith Holman – Senior Policy Counsel and Managing Director at the U.S. Chamber of Commerce; and Viktoria Z. Seale – Counsel at the U.S. House of Representatives, Committee on Small Business.
The panel was hosted by Jennifer Smith, Co-Chair of the Regulatory Policy Committee. Smith is also an assistant chief counsel for the Office of Advocacy. She briefly introduced the panelists and then each panelist offered his/her views on the current status and role the Regulatory Flexibility Act (RFA) serves. Mr. DePriest spoke first and gladly reported that the Office of Advocacy is celebrating the 40th Anniversary of its founding. Mr. DePriest also gave a brief history of the RFA, highlighting for those in attendance that this is the 35th year since the RFA was passed and the 20th year since Congress amended the RFA through the Small Business Regulatory Enforcement Fairness Act (SBREFA).
DePriest discussed Congress’ concern regarding the “one size fits all” approach that was not working prior to the passage of the RFA. He also said the goal of the Act is to still achieve the regulatory goals, but minimize the impact on small entities. SBREFA amended the RFA in three main ways: the judicial review of agency action; the SBREFA panel process; and the requirement of small entity compliance guides. He noted that the RFA applies only to notice and comment rulemaking, but questioned whether the RFA is broad enough. He posed the following question: Should the RFA apply to other aspects, such as interpretative rules or policy? Some other issues he raised include whether agencies should be required to conduct indirect impact analysis, whether other agencies should be required to hold SBREFA panels, and the issue of retrospective review.
Daniel Cohen shared various lessons from his experience in litigation. First, the initial guidelines of the terms “significant impact” and “substantial number” proved less helpful because it was difficult to be that precise. Second, he discussed the “universe problem” of how one defines the denominator too large or too small leads to meeting or not meeting the significant number of small entities. Third, the question of who is directly regulated is very important, as opposed to someone only indirectly regulated. And finally, when in doubt, he recommended doing the full analysis.
Keith Holman started his discussion by posing the following question: Why is the RFA important, and does it do any good? Mr. Holman stressed the importance of agencies considering how their regulations will affect small businesses. He said that we need the RFA to work even better today than it has so far, because, “We’re in a small business recession.” He expressed a wish for the RFA to work “the way it was supposed to.”
Viktoria Z. Seale began her discussion stating that she thinks the RFA can be improved, and noted that both sides of Congress have typically supported this law. Federal agencies performing more due diligence “just makes a lot more sense,” she said, as opposed to small businesses checking the Federal Register. Mrs. Seale pointed out that analysis is done for just less than 8% of all rules. She said that certification of rules 92% of the time is shocking and Congress is concerned about appropriate certification. Seale stated that she thinks the requirement on all agencies to do affirmative outreach to small entities is great, but should be improved. She also stressed the importance of the quality of analyses – without good analyses, the agencies will lack a complete picture of the future impact. Ms. Seale noted that 90% of employers in the U.S. have 20 employees or less, which is why she said it is very important to pay attention to these issues and improve certain areas.
After each panelist spoke, Smith led a question and answer session, with some questions coming from people in attendance. The panel discussion was very illuminating of the different points of view held by people on the various sides of regulatory law. For people both with little knowledge of the RFA and with extensive knowledge, the panel was very interesting and informative. The ABA will be holding three additional Administrative Law Summer School sessions this July.