Defense Production Act Use Under the Biden Administration: What a Stronger Pandemic Response Means for Government Contractors
The Biden Administration plans to adopt a more forceful approach to the COVID-19 pandemic, which will likely include use of the Defense Production Act of 1950 (DPA). As we discussed last April, the DPA authorizes the U.S. government to compel prioritized sales and direct industrial production. For government contractors that receive orders issued under the DPA, operations and contractual obligations can be disrupted, so it is critical to know your rights and obligations under the statute. The DPA authorizes the . . . Read More
Errors to Avoid When Moving State Litigation to Federal Court
Depending on the claims, parties, and preferences, there are multiple forums where litigants can choose to file suit. The majority of cases start in state courts, as they are courts of general jurisdiction. However, for defendants, moving a state court case to a federal court offers certain tactical benefits. Before moving your state court case to a federal court, know that federal courts can only hear cases that have at least one claim arising under federal law or disputes between . . . Read More
Weekly Update for Government Contractors and Commercial Businesses – November 12, 2020
If you have questions concerning the content below, please visit this link . WEBINAR: The CARES Act: Highlights and Planning for the Future, December 16, 2020, Cy Alba , Nichole Atallah , Kathryn Hickey, and Matt Feinberg . 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. LABOR & EMPLOYMENT BLOG: Executive Order on Combating Race and Sex Stereotyping: 5 Things Contractors Should Do Now, November 6, 2020, Nichole Atallah , Sarah Nash , and Sara Nasseri The Trump administration issued . . . Read More
PilieroMazza Honors All Service Members in Observance of Veterans Day
As we observe Veterans Day, PilieroMazza would like to honor all the service members who have defended and continue to defend our country. These brave men and women are the bedrock of our nation, and without them, we would not have the freedoms we enjoy today. Thank you for your sacrifice and service. We would also like to celebrate the contributions of our veteran clients, particularly our veteran-owned and service-disabled veteran-owned small business clients. Small business owners like you are . . . Read More
Healthcare Blog Series: “Safe Harbor” Exceptions, Common Infractions, and Legislative Updates to the Anti-Kickback Statute and Stark Law
***This is the second installment in a blog series examining the regulatory environment and key concerns for persons or businesses operating in the healthcare industry.*** The first installment of this series introduced the Anti-Kickback Statute (AKS) and the Physician Self-Referral Law (Stark Law), two of the most well-known anti-fraud and -abuse statutes in the healthcare industry. It examined their main differences and respective effects on business relationships and transactions for government contractors and commercial businesses operating in the healthcare sector. This installment . . . Read More
Executive Order on Combating Race and Sex Stereotyping: 5 Things Contractors Should Do Now
The Trump administration issued Executive Order (EO) 13950 on September 22, 2020. The order prohibits federal contractors, federal agencies and certain federal grant recipients, as well as the military, from using workplace training that “inculcates in its employees any form of race or sex stereotyping or any form of race or sex scapegoating.” There are many uncertainties surrounding EO 13950, including whether it will survive legal challenges and a potential change in presidential administration. This blog discusses measures that contractors . . . Read More
SBIR Funding Proposals Due to NIH by January 5, 2021: 5 Tips for Your Submission
The Small Business Innovative Research (SBIR) program provides grant or contract funding to small businesses seeking to commercialize innovative technologies. With $3.2 billion allotted to SBIR each year, there are twelve different agencies that have set aside SBIR funding. One agency is Health and Human Services which provides funding through the National Institutes of Health (NIH). NIH has three grant funding proposal deadlines a year. The next deadline is January 5, 2021. On the NIH/SBIR website , NIH states that the electronic . . . Read More
Protecting Your Company Against Revenue Clawbacks: Preference Actions (Part 1 of 3)
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 to protect your company against these revenue “clawbacks,” and how to implement these strategies before and after a customer’s bankruptcy filing. In this blog, we discuss the definition of preferences and the policy purpose of preference actions. In the second, we discuss specific actionable items to take to limit . . . Read More
Weekly Update for Government Contractors and Commercial Businesses – November 4, 2020
If you have questions concerning the content below, please visit this link . WEBINAR: Mergers and Acquisitions in Healthcare: Getting Your House in Order, November 11, 2020, Kathryn Hickey. Read more here . WEBINAR: The CARES Act: Highlights and Planning for the Future, December 16, 2020, Cy Alba , Nichole Atallah , Kathryn Hickey, and Matt Feinberg . RECORDING: SBA’s Final Rule on Mentor Protégé Programs: Key Changes for Government Contractors, October 28, 2020, Pam Mazza and Peter Ford . Watch here . Read PilieroMazza’s summary of the final rule here . COVID-19 Client . . . Read More
SBA Releases Loan Necessity Questionnaire for PPP Borrowers
On October 26, 2020, the Small Business Administration (SBA) issued a notice in the Federal Register that, among other updates, announced two new forms, 3509 and 3510 (the Forms), related to the Paycheck Protection Program (PPP). Form 3509 is for for-profit businesses, while 3510 applies only to non-profit entities. These Forms will be sent by PPP lenders only to PPP borrowers who received a principal loan amount of $2 million or more, and borrowers will have ten days to complete it. According to . . . Read More