PilieroMazza Celebrates Black History Month
“Each one of us is here because somebody before us did something to make it possible. What we must do is commit ourselves to some future that can include each other and work toward that future with the particular strengths of our individual identities.” Excerpt from Audre Lorde ’s speech “Learning from the 60s.” For the PilieroMazza family, Black History Month is not only a celebration of the numerous contributions of people of color, but also highlights for us the efforts our Diversity, Equity & Inclusion Committee undertakes throughout the year . . . Read More
ANNOUNCEMENT: Michael Thurmond Joins PilieroMazza’s Business & Transactions Group
PilieroMazza is pleased to announce that Michael Thurmond has joined the Firm as an Associate in its Business & Transactions Group . He supports clients in mergers and acquisitions and private equity transactions. “Michael’s understanding of business priorities in M&A and 360-degree approach to private equity deals are a perfect fit for our team—and our clients,” said Kathryn Hickey, Practice Group Chair for the Business & Transactions Group. Michael conducts all phases of due diligence investigations, including preparing memoranda and disclosure schedules. He also advises clients . . . Read More
Government Purpose Rights in Technical Data and Software Developed with DOD Funding
When you develop technical data or software, in whole or in part, with government funding, it is important to know the scope of data rights that the government will obtain at the outset, both with respect to components that were developed solely at private expense and those that were developed with government funding. However, because technical data and software are often developed with multiple funding sources and are continually updated and improved, it can be difficult to determine these data . . . Read More
SBA Takes Steps to Address PPP Validation Error Problems
On February 10, 2021, the Small Business Administration (SBA) announced new policy changes to the Paycheck Protection Program (PPP) meant to address an ongoing issue loan applicants face regarding validation error codes. These error codes serve as validation checks to combat fraud and prevent improper loans from being issued to ineligible businesses. However, many eligible businesses have received such error codes during the application and forgiveness process, delaying necessary economic relief. SBA’s new changes grant additional authorities to lenders for borrowers . . . Read More
The First 100 Days: President Biden’s Buy American Executive Order, What Government Contractors Need to Know
President Biden signed an executive order (EO) on January 25, 2021, titled “Ensuring the Future Is Made in All of America by All of America’s Workers.” Referring broadly to all statutes, regulations, rules, and executive orders that relate to Buy America, Buy American, or domestic sourcing requirements as “Made in America Laws,” the EO expresses the new administration’s policy that the U.S. government should maximize the use of domestic products and services and “should, whenever possible, procure goods, products, materials, and services . . . Read More
Weekly Update for Government Contractors and Commercial Businesses – February 10, 2021
If you have questions concerning the content below, please visit this link . WEBINAR: Risk Prevention Strategies: Avoiding Costly FLSA Missteps, February 24, 2021, Nichole Atallah and Matt Feinberg . Read more here . COVID-19 Client Resource Center: To access resources for businesses navigating the COVID-19 crisis, we invite you to visit PilieroMazza’s “ COVID-19 Client Resource Center .” Contact covid19@pilieromazza.com for immediate assistance. BUSINESS & TRANSACTIONS Federal Trade Commission Updates HSR Thresholds, February 4, 2021, David Shafer The Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (HSR) requires that certain mergers, acquisitions, and . . . Read More
The First 100 Days: President Biden’s Plan to Secure a Sustainable Public Health Supply Chain, 3 Tips for Government Contractors
In November, we published a post on potential Biden administration use of the Defense Production Act of 1950 (DPA) in response to the COVID-19 pandemic. In his first week in office, President Biden invoked the DPA and signed an executive order to secure a sustainable public health supply chain. The executive order gives insight into how the Biden administration may use the DPA going forward. The following explains the Biden administration’s goals for pandemic preparedness and potential DPA use and identifies . . . Read More
Protecting Your Company Against Revenue Clawbacks: Preference Actions (Part 2 of 3)
This is part two of our three-part series on revenue clawbacks. Once again, the scenario: a customer goes bankrupt, and then they (or a trustee) demand you return money you were already paid for services or goods duly rendered. In this three-part series, we discuss strategies for protecting your company against these revenue “clawbacks” and how to implement these strategies before and after a customer’s or teaming partner’s bankruptcy filing. In part one , we discussed the definition of preferences and the . . . Read More
Maryland Essential Workers’ Protection Act: How It May Impact Maryland Employers
Although many employers have taken discretionary measures to protect essential employees, there are currently few mandated health and safety requirements at the federal or state level. On January 20, 2021, the Maryland General Assembly’s Senate and House of Delegates introduced the Maryland Essential Workers’ Protection Act . With the bill, Maryland is now considering joining the growing group of states that are imposing requirements on employers who employ essential workers or require employees to work on-site. If passed, it would require employers who employ “essential . . . Read More
Federal Trade Commission Updates HSR Thresholds
The Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (HSR Act) requires that certain mergers, acquisitions, and joint ventures be cleared by the Federal Trade Commission (FTC) and the Antitrust Division of the Department of Justice (DOJ) if they exceed certain valuation and monetary thresholds. If your transaction exceeds the HSR thresholds, and therefore requires antitrust scrutiny, this can materially alter the structure and timing of the proposed transaction. Pursuant to the HSR Act, the FTC is required annually to . . . Read More