BLOG: Stockholders and Board Directors: Overview of COVID-Related Changes to Title 8 of Delaware General Corporation Law
On July 16, 2020, Governor John Carney of Delaware signed into law House Bill 341 to amend Title 8 of the Delaware General Corporation Law (DGCL) which, among other things, (1) solidifies a pandemic as an emergency situation, (2) expands the special powers of stockholders and directors during such emergency conditions, and (3) allows for the option to use electronic transmission documentation and electronic signatures for the execution of documents (previously limited to hardcopy and manual execution only). While DGCL § 110(a) already . . . Read More
ANNOUNCEMENT: PilieroMazza Unveils New Website and Logo Rebrand
WASHINGTON, DC: August 10, 2020—Today, PilieroMazza PLLC—a business law firm serving the legal needs of government contractors and commercial businesses—is proud to unveil the Firm’s new website ( www.pilieromazza.com ) and logo rebrand. Commenting on the launch, PilieroMazza’s Managing Partner Pam Mazza , said: “‘Practicing What Matters,’ the Firm’s new tagline, emphasizes the interconnectedness of our clients with our attorneys, practice groups, and industry teams, and the seamless way we find creative, efficient, and winning solutions for our clients.” The new look, which . . . Read More
Weekly Update for Government Contractors and Commercial Businesses – August 7, 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. NEWS: Matt Feinberg Talks to Law360 on Litigation Funding Companies’ Interest in Funding FCA Cases, July 28, 2020. [ Read More ] LABOR & EMPLOYMENT DOL Releases Fluctuating Workweek Fact Sheet The Department of Labor (DOL) released a new fact sheet with guidance on calculating overtime . . . Read More
SBA Issues More New Guidance on PPP Loan Forgiveness
In a new FAQ published on August 4, 2020, SBA clarified some additional points from the use of scanned documents to support the application to the forgiveness eligibility of costs incurred or paid during the chosen covered period. As always, PilieroMazza wants to bring this to the attention of all of our clients as we know many firms are currently preparing their forgiveness applications and these may be critical updates. General Loan Forgiveness If you are a sole proprietor/1099 or . . . Read More
BLOG: Investing in or Acquiring a Medical Provider? Costs of Improperly Reporting Medicare Changes in Ownership (CHOW)
When an investor desires to invest in or acquire a medical provider, the investor must understand how the transaction may affect the provider’s Medicare enrollment. Depending on the structure of the transaction, the provider must report certain changes in the provider’s ownership to the Centers for Medicare & Medicaid Services (“CMS”). Compliance with CMS’s notification requirements permits the provider to continue participating in the Medicare program under its provider agreement with minimal, if any, delays or issues. However, if the . . . Read More
ANNOUNCEMENT: PilieroMazza Welcomes Former DOJ Litigator Ora Nwabueze to Litigation Team
PilieroMazza is pleased to welcome Ora Nwabueze to the Firm’s Litigation & Dispute Resolution Group . “Ora is a welcome addition to our growing litigation team,” said the Group’s Practice Chair Matt Feinberg . “His diverse experience in high stakes business litigation matters in both government and private practice will greatly benefit our clients.” Ora offers PilieroMazza clients full-circle representation and adept knowledge in matters involving complex commercial litigation and dispute resolution. Furthermore, he has substantial prior engagements defending business clients in various areas, including corporate finance, healthcare, mass . . . Read More
When Sick Leave Runs Out—Managing Employee Absences and Balancing Legal Obligations
Click here to view the recorded session. COVID-19 has exacerbated the issue of paid time off shortages in the workplace and created new questions about legal liability stemming from mandatory worksite and school closures and cautious workforce protection measures such as failed health screenings. Many employees will face shortfalls in employer-provided paid time off and any federal or state required sick leave protection. During this webinar, we will discuss strategies for managing employee leave in each of these situations. We will . . . Read More
California Consumer Privacy Act Enforcement Effective July 1
Despite requests for delay due to COVID-19, California Attorney General Xavier Becerra has affirmed that enforcement of the California Consumer Privacy Act (CCPA) has started, effective July 1, 2020. The CCPA is a huge step forward in data privacy law, granting California consumers robust data privacy rights and increased control over their personal information. Previous PilieroMazza coverage of the CCPA can be viewed here and here . While the CCPA has been in effect since January 1, 2020, companies that do business with California . . . Read More
False Claims Act Implications for PPP and Disaster Relief Loans: What Small Businesses Should Be Ready For
Click here to view the recorded session. With its chaotic rollout, conflicting regulations, and breakneck disbursements, the Paycheck Protection Program (PPP) is primed to create a wave of litigation. This includes actions taken under the False Claims Act (FCA), which sets penalties for anyone who knowingly submits a false claim for money to the federal government. Small business borrowers face potential FCA liability exposure during the PPP application and forgiveness process, so it is imperative that they learn to manage this . . . Read More
Matt Feinberg Talks to Law360 on Litigation Funding Companies’ Interest in Funding FCA Cases
An unprecedented decision backing a whistleblower’s use of third-party legal funding in a Medicare billing suit has raised concerns that future False Claims Act lawsuits may be motivated more by corporate strategy than protecting the government against fraud. The first-of-its-kind June decision from the Eleventh Circuit revived relator Angela Ruckh’s Medicare fraud judgment against nursing facility operator CMC II LLC despite the company’s objections to Ruckh’s appeal being funded by a third party, sparking considerable debate over the propriety of such . . . Read More