Weekly Update for Government Contractors and Commercial Businesses – February 3, 2022
If you have questions concerning the content below, please visit this link . Upcoming Events: Register to attend PilieroMazza’s upcoming events here . Recent Thought Leadership: Check out PilieroMazza’s recent client alerts and blogs here . LITIGATION & DISPUTE RESOLUTION DOJ Recovers Over $5.6 Billion From Fraud and False Claims Act Matters in FY 2021: 6 Key Takeaways, February 3, 2022, Matt Feinberg and Jackie Unger On February 1, 2022, the U.S. Department of Justice (DOJ) announced that it had recovered more than $5.6 billion in Fiscal Year (FY) 2021 settlements and . . . Read More
DOJ Recovers Over $5.6 Billion From Fraud and False Claims Act Matters in FY 2021: 6 Key Takeaways
On February 1, 2022, the U.S. Department of Justice (DOJ) announced that it had recovered more than $5.6 billion in Fiscal Year (FY) 2021 settlements and judgments from civil cases involving fraud and the False Claims Act (FCA). This total represents the second-largest government haul for such matters ever and the largest recovery since FY 2014. The over $5.6 billion also far outpaces DOJ’s approximately $2.25 billion in FY 2020 recoveries. The announcement showcases DOJ’s heightened focus on fraud in government . . . Read More
Weekly Update for Government Contractors and Commercial Businesses – January 31, 2022
If you have questions concerning the content below, please visit this link . Upcoming Events: Register to attend PilieroMazza’s upcoming events here . Recent Thought Leadership: Check out PilieroMazza’s recent client alerts and blogs here . LITIGATION & DISPUTE RESOLUTION Non-Compete Agreements: What Employers and Healthcare Providers Should Know, January 25, 2022, Sara Nasseri and Matthew Kreiser Non-compete clauses are a common component in employment agreements for many businesses, including healthcare providers. Employers and healthcare providers, ranging from Fortune 500 companies and large public hospitals to small businesses and . . . Read More
Three’s Company: Court Decisions Clarify Company’s Role in FOIA Litigation Over Possible Release of Confidential Information
Two recent appeals court decisions highlight a company’s role in Freedom of Information Act (FOIA) litigation challenging the government’s decision to withhold the company’s information from public release. These types of FOIA lawsuits arise when the government refuses to release a company’s confidential information after a FOIA request and the requester challenges the action in federal court. In federal court, the government bears the burden of proving that the withheld information falls within a FOIA exemption, but the company that . . . Read More
PPP Loan Fall-Out: Expect More Audits and Investigations
Unfortunately, the PPP Loan fall-out is far from over. As we noted in the last blog on PPP issues , we are seeing a number of PPP Forgiveness denials for a number of different reasons, and, along with that, we are seeing the first audits and investigations as well. Specifically, companies that already received forgiveness for loans over $2M are being audited and investigated by SBA on a rolling basis. As part of that, SBA is asking for additional supporting documentation for the amounts claimed, . . . Read More
OHA Decision on Recertification May Impact Eligibility of Small Business Contractors Competing for Set-Aside Contracts
Over the past few years, the Small Business Administration’s (SBA) recertification rules have been the subject of much debate, with some arguing that recertification impacts an offeror’s eligibility for award and for future set-aside orders under multiple-award contracts (MACs). These rules came under further scrutiny in a recent size protest and appeal to the SBA Office of Hearings and Appeals (OHA). OHA’s decision makes a number of important clarifications regarding the impact of recertification on small business contractors’ eligibility to . . . Read More
Non-Compete Agreements: What Employers and Healthcare Providers Should Know
Non-compete clauses are a common component in employment agreements for many businesses and healthcare providers. Employers and healthcare providers, ranging from large public hospitals and Fortune 500 companies to small private practices and businesses, utilize non-compete clauses in their employment agreements to protect their businesses and medical practices by restricting their employees’ ability to work for a competing entity. This blog offers important considerations for employers and healthcare providers implementing non-compete agreements and clauses to protect their interests, ensure enforceability, . . . Read More
Weekly Update for Government Contractors and Commercial Businesses – January 13, 2021
If you have questions concerning the content below, please visit this link . Upcoming Events: Register to attend PilieroMazza’s upcoming events here . Recent Thought Leadership: Check out PilieroMazza’s recent client alerts and blogs here . LABOR & EMPLOYMENT Government Contractors to Register for Affirmative Action Program Compliance Certification Beginning February 1, 2022, January 10, 2022, Sara Nasseri In December 2021, the Office of Federal Contract Compliance Programs (OFCCP) launched its Affirmative Action Program Verification Interface through a new online portal (Portal). Beginning on February 1, 2022, registration opens on the Portal, . . . Read More
PPP Loan Forgiveness Appeal Process: 4 Steps to Knowing and Protecting Your Rights
As discussed in PilieroMazza ’s previous alert , the Small Business Administration (SBA) released its Paycheck Protection Program (PPP) Loan Forgiveness application way back in May of 2020. Since then, PPP forgiveness continues to cause confusion among businesses, especially federal contractors. Since the release of the original forgiveness application, most PPP borrowers eligible for loan forgiveness have submitted for forgiveness and, most of those, have actually already received forgiveness as well. Unfortunately, we have started to recently see and uptick in loan . . . Read More