SBA Proposes to Increase Small Business Eligibility for Loan Programs Through Size Standard Revisions
On May 25, 2021, the Small Business Administration (SBA) issued a proposed rule that would increase size standards for 49 industries in the Wholesale Trade (Sector 42) and Retail Trade (Sectors 44-45) sectors. The North American Industry Classification System (NAICS) codes under these sectors are not used to classify government acquisitions for supplies. Instead, procurements for supplies are classified under a manufacturing or supply NAICS code. Therefore, SBA estimates that this rule would not have any impact on federal contract dollars awarded . . . Read More
Operating Agreement Drafting Considerations: Removal of a Member
When establishing a multi-member limited liability company, it is important to plan for the worst. It may seem cynical to think about the end before the beginning, but every company has a half-life. And while relationships at the outset of any venture are typically strong, it often becomes necessary to remove or dissociate a member who is negatively impacting those relationships—or even the business. If no protection is built into the organizational documents, the members’ recourse is limited to circumstances . . . Read More
Ratification of Defective Corporate Actions Under the Virginia Stock Corporation Act
In 2019, the Commonwealth of Virginia adopted a variety of amendments to the Virginia Stock Corporation Act (VSCA). While many of those amendments are already effective, some of the amendments will go into effect on July 1, 2021, including those addressing how a corporation may ratify defective corporation actions. These new provisions provide corporations with vital tools to ensure that actions taken by the corporation, which might otherwise be found to be void or voidable under Virginia law, are valid . . . Read More
13 PilieroMazza Attorneys Featured in 2021 Super Lawyers®
The 2021 edition of Super Lawyers® features attorneys from all PilieroMazza ‘s offices and a cross-section of the Firm’s primary practice areas—including, Government Contracts , Business & Transactions , Labor & Employment , and Litigation & Dispute Resolution . “This is a great achievement,” said Managing Partner Tony Franco, “and highlights the hard work and perseverance of not just the attorneys listed, but the team as a whole.” Every year, Super Lawyers® selects attorneys from firms throughout the U.S. Super Lawyers® candidates are nominated by colleagues, researched by Super Lawyers® staff, and evaluated by top . . . Read More
Weekly Update for Government Contractors and Commercial Businesses – May 19, 2021
If you have questions concerning the content below, please visit this link . WEBINAR: Risk Prevention Strategies: Responding Effectively to Internal Workplace Complaints, June 1, 2021, Nichole Atallah and Matt Kreiser. Read more here . WEBINAR: Missteps in the Bid Protest Process: War Stories from the Trenches, June 9, 2021, Katie Burrows and Timothy Valley. Read more here . WEBINAR: Federal Small Business Programs—A Primer for Government Contractors, June 15, 2021, Peter Ford and Lauren Brier . Read more here . WEBINAR: Return to Work: Employer-Mandated COVID-19 Vaccination Policies and Accommodating Employee . . . Read More
8 Key Takeaways from Executive Order on Improving the Nation’s Cybersecurity for Government Contractors
On May 12, 2021, the Biden administration released a far-reaching executive order intended to improve the U.S. government’s cybersecurity posture, both internally and in any private information technology (IT) systems that “touch” federal IT systems. The executive order is available here , and a related fact sheet is available here . This executive order will work in tandem with existing initiatives, such as the Cybersecurity Maturity Model Certification (CMMC), the Federal Risk and Authorization Management Program, and National Institute of Standards and . . . Read More
Protecting Your Company Against Revenue Clawbacks: Preference Actions (Part 3 of 3)
This is the final part of our three-part series on revenue clawbacks. The scenario: a customer or teaming partner goes bankrupt and then they (or a trustee) demand you return money they already paid you for services or goods duly rendered. In the first entry , we discussed the definition of preferences and the policy purpose of preference actions. In the second , we identified five specific actionable items to take to limit your exposure to them. In this finale to the series, . . . Read More
Restaurants are Prime Targets for FLSA Lawsuits: 6 Tips for Employers Relying on the Tip Credit
The COVID-19 pandemic has been particularly difficult for the food and beverage industry. With stay-at-home orders, operational capacity restrictions, and indoor dining limitations imposed on restaurants and bars across most of the country throughout 2020 and into 2021, the impact has been significant. The hospitality industry lost hundreds of billions of dollars in anticipated revenues; beloved local eateries closed their doors temporarily or permanently; and millions of restaurant workers lost their jobs or left the hospitality industry altogether. Now, as . . . Read More
Weekly Update for Government Contractors and Commercial Businesses – May 6, 2021
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 .” Contact [email protected] for immediate assistance. GOVERNMENT CONTRACTS SBA Extends the HUBZone Map Freeze to June 30, 2023, May 5, 2021, Jon Williams and Anna Wright Today, the Small Business Administration (SBA) issued a direct final rule extending the HUBZone map freeze from December 31, 2021, to June 30, 2023. The direct final rule . . . Read More
COFC Denies DOJ/Microsoft Motion to Dismiss Amazon JEDI Protest
On April 28, 2021, the U.S. Court of Federal Claims issued a sealed decision denying the Department of Justice’s (DOJ) and Microsoft’s motions to dismiss Amazon Web Services’ (Amazon) bid protest of the Pentagon’s $10 billion Joint Enterprise Defense Infrastructure (JEDI) cloud contract. Amazon claims repeated prejudicial errors against Amazon Web Services due to influence from then-President Donald Trump and other high-level government officials aiming to harm Amazon. DOJ and Microsoft failed to convince the Court to dismiss the . . . Read More