BLOG: Important Considerations When Structuring M&A Transactions for Government Contractors: OCI, Reps and Warranties, and Assignment of Receivables Part 2 of a 3-Part Series
Our three-part series on government contractor M&A transactions provides an overview of key regulatory and industry-specific considerations that can impact all aspects of a deal. Part 1 is available here . It covers pre-transaction novation and affiliation issues. In Part 2, we move onto the transaction itself, diving into the potential for organizational conflicts of interest (OCI), regulatory compliance concerns, and the assignment of receivable rights. If ignored, these can impede the achievement of business objectives and lower the value of . . . Read More
BLOG: 5 Things to Know When Protesting an Award
The end-of-fiscal-year spending spike has federal agencies issuing more notices of award, leaving many disappointed offerors keen to file protests. Post-award protests are subject to strict timelines, so you need a plan if you receive an unfavorable notice of award. Below are 5 key things government contractors need to know when protesting an award. Ask yourself whether you have grounds to file a size protest or a bid protest. Generally, the strongest protest grounds pertain to: evaluation that is inconsistent . . . Read More
CCPA Regulations Approved: Companies Risk Penalties for Noncompliance
Effective immediately, the California Office of Administrative Law (OAL) approved final regulations for the California Consumer Privacy Act (CCPA) on August 14, 2020. The final text of the regulations is available here . The CCPA grants California consumers robust data privacy rights and control over their personal information. Companies that do business with California consumers now risk penalties for noncompliance. Further, on August 30, 2020, the California legislature passed Assembly Bill 1281 , extending the CCPA’s employee exemption and the CCPA’s business-to-business exemption by . . . Read More
OFCCP Audits Are Coming: 6 Tips to Help You Prepare
The Office of Federal Contract Compliance Programs (OFCCP) just released its FY 2020 lists of Supply & Service and Construction contractors the agency expects to audit (see FY 2020 CSAL Supply & Service and FY 2020 CSAL Construction ). With enforcement a primary goal of OFCCP, preparing for an audit is key. If your company is on the list, PilieroMazza’s Labor & Employment team suggests you follow these 6 tips to properly prepare for an OFCCP audit to avoid potential penalties and possible loss of your government contract. Also, join . . . Read More
Court Vacates Key Parts of DOL “Joint Employer” Rule Months After Implementing
On September 8, 2020, the Southern District of New York struck down a recent Department of Labor (DOL) final rule that changed the standard of joint employment under the Fair Labor Standards Act (FLSA). The court determined that the rule conflicted with the FLSA and that the DOL did not properly justify the new change in policy. This decision will expose more companies to potential liability under the FLSA and increase the number of businesses that qualify as joint employers, such as those who . . . Read More
Weekly Update for Government Contractors and Commercial Businesses – September 14, 2020
If you have questions concerning the content below, please visit this link . 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.” Please contact covid19@pilieromazza.com for immediate assistance. LABOR & EMPLOYMENT CLIENT ALERT: New Minimum Wage Requirements for Government Contractors May Impact Price Adjustments, September 10, 2020, Nichole Atallah Effective January 1, 2021, the Executive Order minimum wage rate that generally must be paid to workers performing work on or in connection with covered government . . . Read More
New Minimum Wage Requirements for Government Contractors May Impact Price Adjustments
Effective January 1, 2021, the Executive Order (the Order) minimum wage rate that generally must be paid to workers performing work on or in connection with covered government contracts will increase to $10.95 per hour, while the required minimum cash wage that generally must be paid to tipped employees performing work on or in connection with covered contracts will increase to $7.65 per hour. Each year, the Department of Labor (DOL) assesses the established minimum wage and, using determined methodology, announces an . . . Read More
BLOG: Healthcare Blog Series: An Introduction to the Anti-Kickback Statute and Stark Law
***This is the first installment in a blog series focusing on the regulatory environment and key concerns for persons or businesses operating in the healthcare industry.*** One of the major differences between the healthcare industry and other business sectors is federal regulations covering the inducement of business through referrals with financial incentives. While it may be permissible, and even common, in many industries to obtain business through financial incentive referrals, such arrangements are impermissible when the transaction involves goods or . . . Read More
Weekly Update for Government Contractors and Commercial Businesses – September 8, 2020
If you have questions concerning the content below, please visit this link . 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.” Please contact covid19@pilieromazza.com for immediate assistance. GOVERNMENT CONTRACTS Jackie Unger Elevated to Counsel in PilieroMazza’s Government Contracts Group, September 1, 2020 PilieroMazza is pleased to announce that Jackie Unger has been elevated to Counsel in the Firm’s Government Contracts Group effective September 1, 2020. The Group’s Practice Chair, Tony Franco , said: “Jackie is one of . . . Read More
ANNOUNCEMENT: Megan Benevento Joins PilieroMazza’s Growing Litigation Team
Megan Benevento has joined PilieroMazza as an Associate in the Litigation & Dispute Resolution and Government Contracts practice groups. “Megan’s record of unparalleled advocacy in complex litigation matters makes her a welcome addition to our litigation practice,” said Matt Feinberg, Chair of the Litigation & Dispute Resolution Group . “We’re excited to have her on the team.” Megan represents companies, contractors, and individuals—in federal and state courts—in all complex contracting and litigation capacities. A formidable and innovative litigator, she vigorously pursues cases from intake to trial and appeal. Megan also achieves successful . . . Read More