In a recent Memorandum Opinion, T.S. Ellis, III, U. S. District Judge for the Eastern District of Virginia, has ruled that the retaliation provision of the False Claims Act (“FCA”) does not permit a whistleblower plaintiff to sue individual employees of a corporate employer. In Irving v. PAE Government Services, Inc., et al., No. 1:16cv1617 (E.D. Va. Apr. 11, 2017), plaintiff was a former Deputy Program Manager and Chief of Security for defendant PAE Government Services, Inc. (“PAE”) in Kabul, Afghanistan. . . . Read More
Special Labor and Employment Issue In this Issue: What to Expect When You Are Expecting a Price Adjustment: The ABCs and CBAs of Increased Labor Rates Managing the Competing Obligations of the FMLA and ADA A $100 Mistake Can Become a $100,000 Judgment: Where Employers Go Wrong Under the Fair Labor Standards Act Six Steps Away from a Best Practices Employment Screening Program
By Dana Livne During our April 26, 2017 webinar, we discussed Letters of Intent (LOI) and the important role they can play in transactions. The LOI often serves as a roadmap or initial term sheet between a buyer and seller. The LOI is generally “non-binding”, meaning that the parties may deviate from its terms. The purchase price, due diligence process milestones, and financing terms are examples of non-binding provisions that may be subject to negotiation as the deal progresses. . . . Read More
SMALL BUSINESS ADMINISTRATION Small Business Size Standards; Adoption of 2017 North American Industry Classification System for Size Standards The U.S. Small Business Administration (“SBA”) has issued a proposed rule to amend its small business size regulations to incorporate the U.S. Office of Management and Budget’s North American Industry Classification System (“NAICS”) revision for 2017, identified as NAICS 2017, into its table of small business size standards. NAICS 2017 created 21 new industries by reclassifying, combining, or splitting 29 existing industries . . . Read More
Untangling Service Contract Act Vacation and Sick Leave RequirementsComplying with Service Contract Act (“SCA”) leave requirements is challenging, even more so if service employees live in a state or county with local sick leave laws or if the contract is subject to Executive Order 13706, Sick Leave for Federal Contractors. Each of these laws and regulations has unique requirements that must be woven together to develop a compliant leave policy. However, once contractors understand the nuances, strategic policy decisions can . . . Read More
By Michael A. de Gennaro Government contractors who wish to grow by purchasing an existing business are aware of one simple truth: The value of the target is linked directly to its ability to transfer its existing contracts. If there is a high risk profile—for example, if assets of the target are subject to novation in connection with the acquisition—then a purchaser is likely to seek either a downward adjustment in the purchase price or to propose deferred compensation, such . . . Read More
Pamela Mazza has been selected to the 2017 D.C. Super Lawyers list. Each year, no more than five percent of the lawyers in the state are selected to receive this honor. Additionally, Isaias “Cy” Alba, Megan Connor, Matthew Feinberg and Michelle Litteken have been selected to the 2017 D.C. Rising Stars list. Each year, no more than 2.5 percent of the lawyers in the state are selected to receive this honor. Super Lawyers, a Thomson Reuters business, is a rating service of outstanding . . . Read More
It is important for prime contractors to understand what it means if its contract with the Federal Government is terminated and what rights and obligations it has. Nearly every Government contract contains a clause allowing the Government to terminate a contract either for convenience or for default (also known as for cause). The Government may terminate your contract, or a portion of your contract, for convenience when it is in the Government’s interest. Essentially, this means that the Government has made . . . Read More
Picking up work across states can be challenging for any employer, particularly with respect to employment law, and it’s not getting any easier. Recently, a number of states and localities are proposing and passing sick and family leave laws, each with differences, making it challenging for employers to comply with and pay for the additional benefit. States are motivated by the federal government’s failure to address paid sick and family leave broadly at the federal level. As a result, states . . . Read More
By Dana Livne and John Shoraka For years the federal government has attempted to increase transparency in the federal marketplace and last month, U.S. Senators Claire McCaskill (D-MO) and Jon Tester (D-MT) introduced a bill that would require the posting online of the exact details of all government contracts worth $150,000 or more. The bill, “Contractor Accountability and Transparency Act of 2017”, seeks to implement a “machine-readable, searchable copy of each covered contract entered into by a Federal agency”. If the . . . Read More
