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
The First 100 Days: President Biden Signs Memo on Tribal Consultation and Strengthening Nation-to-Nation Relationships
Last week, President Biden signed a Memorandum on Tribal Consultation and Strengthening Nation-to-Nation Relationships . In the memorandum, President Biden says “It is a priority of my Administration to make respect for Tribal sovereignty and self-governance, commitment to fulfilling Federal trust and treaty responsibilities to Tribal Nations, and regular, meaningful, and robust consultation with Tribal Nations cornerstones of Federal Indian policy.” The memo also reaffirms Executive Order 13175 , which “charges all executive departments and agencies with engaging in regular, meaningful, and robust consultation with Tribal officials in the development of . . . Read More
How Government Contractors Should Prepare for Biden’s Mask-Wearing Mandate
On his first day in office, President Biden signed Executive Order on Protecting the Federal Workforce and Requiring Mask-Wearing (EO), which requires federal agencies to issue guidance that complies with the Center for Disease Control’s (CDC) recommended public health measures for combatting COVID-19, such as physical distancing and mask-wearing. On January 24, 2021, the Office of Management and Budget (OMB), in accordance with the EO, issued a memorandum to assist agencies in preparing their COVID-19 workplace safety plans, and they will have until January 29, 2021, to submit their drafts to . . . Read More
Healthcare Blog Series: CMS and HHS-OIG Issue Final Rules Updating the Anti-Kickback Statute and Stark Law
***This is an update to the second installment of the blog series, which detailed proposed revisions to the Anti-Kickback Statute and the Stark Law.*** On November 20, 2020, over one year after releasing proposed changes to the Anti-Kickback Statute (AKS) and the Physician Self-Referral Law (Stark Law), the Department of Health and Human Services’ Office of the Inspector General (HHS-OIG) and the Centers for Medicare and Medicaid Services (CMS) issued two final rules, revising the AKS and Stark Law safe . . . Read More
Top Bases for REAs and Claims Arising Under COVID-19
COVID-19 has increased costs for government contractors in almost every sector. Requests for Equitable Adjustment (REAs) and claims are available to contractors seeking compensation. But when should you submit an REA or claim? Below are top bases for filing REAs or claims that government contractors should look for when facing cost increases due to COVID-19. Delays Delays in contract performance are a common driver of increased costs and/or the need to extend a contract’s period of performance for government contractors. . . . Read More
DOJ Announces FY 2020 Fraud and FCA Recovery Statistics: What They Mean for 2021
Last week, the Department of Justice (DOJ) announced that it recovered more than $2.2 billion in settlements and judgments from civil cases involving fraud and the False Claims Act (FCA) in Fiscal Year (FY) 2020 (ending September 30, 2020). DOJ’s FY 2020 fraud and FCA recovery statistics report accompanied the announcement. With a global pandemic that often delayed proceedings, the $2.2 billion in recoveries was DOJ’s lowest haul since 2008. Although the announcement and report revealed a significant decline in recoveries . . . Read More
The End of An Area: Planning Now for Potential Loss of HUBZone Status
2021 is an important year for the many HUBZone firms located in redesignated areas that will lose HUBZone status after 12/31/21. For these firms, the time is now to plan for maintaining HUBZone status in 2022 and beyond. Here’s what you need to know. If you are located in a redesignated area that loses HUBZone eligibility after this year, you could make plans this year to move your office to a new location that will still be HUBZone eligible after . . . Read More
DOJ Announces Nation’s First Settlement of Civil Case for PPP Loan Fraud
On January 12, 2021, the U.S. Department of Justice (DOJ) entered into a settlement with California-based SlideBelts, Inc. (SlideBelts) and its president and chief executive officer in what is advertised as the country’s first settlement in a civil case arising out of fraud in the Paycheck Protection Program (PPP) loan program initiated through the Coronavirus Aid, Relief, and Economic Security (CARES) Act. This first-of-its-kind settlement is a reminder to small businesses that received PPP loans to take their representations and . . . Read More