BLOG: DOJ Inside Access Highlights 4 Things to Expect from the False Claims Act in 2020
Several weeks ago, my colleague Matt Feinberg highlighted “ 4 Issues That Defined the False Claims Act (FCA) in 2019 ” and made predictions about anticipated FCA trends for 2020. At the recent 2020 Advanced Forum on False Claims and Qui Tam Enforcement, Department of Justice (DOJ) Deputy Associate Attorney General Stephen Cox (AG Cox) offered inside access to DOJ’s prospective priorities in enforcing and reforming the FCA for 2020 . Below, we review the DOJ’s resolutions, which allow us to better anticipate and understand issues government contractors may face under the FCA moving forward. Continue qui tam Enforcement Efforts In 2019, we saw . . . Read More
BLOG: SBA Issues FAQs on New HUBZone Program Rules
Earlier this month, the Small Business Administration (SBA) issued its answers to frequently asked questions (FAQs) concerning the new rule changes to the HUBZone Program. These FAQs follow the December 26, 2019 effective date of the new HUBZone rules, and should be helpful for current and potential HUBZone firms. The FAQs address common confusions in the new rules. For instance, SBA answers how to take credit for an employee who resided in a HUBZone as of the date of certification and for . . . Read More
PilieroMazza Comments to RIN 3245-AG94, Proposed Rule on the Consolidation of Mentor Protégé Programs and Other Government Contracting Amendments
In its role as advocate to small businesses operating in the government contracting arena, PilieroMazza submitted comments to RIN 3245-AG94 , Consolidation of Mentor Protégé Programs and Other Government Contracting Amendments.
Weekly Update for Government Contractors and Commercial Businesses – February 5, 2020
If you have questions concerning the content below, please visit this link . CLIENT ALERT: CMMC Is Coming: Are You Ready? PilieroMazza previously blogged regarding the draft releases of the Cybersecurity Maturity Model Certification (CMMC) guidelines in anticipation of its final release. The Department of Defense (DOD) released the final version of the CMMC guidelines on January 31, 2020. For government contractors, the release signals the start of their preparation, in earnest, for CMMC certification to improve their chances of doing business with DOD. IT system audits are . . . Read More
ANNOUNCEMENT: Senior Litigator Stephanie K. Wood Joins PilieroMazza
Stephanie K. Wood has joined PilieroMazza as Counsel in the Firm’s Litigation & Dispute Resolution , False Claims Act , and Audits & Investigations groups in Washington, DC. Commenting on Ms. Wood’s arrival, Practice Group Chair Matt Feinberg said, “Stephanie is an accomplished and insightful litigator who brings an added depth to our litigation and dispute resolution practice. Her breadth of experience will serve our clients well, particularly in complex litigation and investigation matters.” Ms. Wood brings more than 15 years of broad-ranging litigation experience in all facets of the litigation process, from developing . . . Read More
BLOG: Teva Pharmaceuticals to Pay $54 Million to Settle Healthcare-Based FCA Claims
A qui tam False Claims Act (FCA) action brought by two whistleblowers alleging violations of the Anti-Kickback Statute (AKS) has resulted in a $54-million settlement from Teva Pharmaceuticals USA, Inc. and two subsidiaries (Teva) in the case of United States ex rel. Arnstein and Senousy v. Teva Pharmaceuticals USA, Inc. Although it was alleged that the federal government and various state and local governments suffered damages as a result of Teva’s actions, they declined to intervene in the case. Teva’s . . . Read More
What You Need to Know to Prepare for Maryland Sick Leave Requirements
Effective February 11, 2018, Maryland’s Healthy Working Families Act (the “Act”), Maryland’s sick leave law, will go into effect. Although Governor Larry Hogan had vetoed the measure, the Maryland General Assembly overrode the Governor’s veto on January 11, 2018, leaving employers scrambling to prepare for implementation. Following are some of the pertinent, key provisions from the Act that will guide employers in making appropriate policy changes. Does Your Business Have to Comply? The Act covers all employers, but employers with . . . Read More
BLOG: Federal “Ban-the-Box” Law: The Fair Chance Act to Limit Criminal Background Inquiries by Federal Contractors
On December 17, 2019, the Senate passed the National Defense Authorization Act (NDAA) for Fiscal Year 2020, which was subsequently signed by the President. As part of the NDAA, the government enacted the Fair Chance to Compete for Jobs Act of 2019 (the Fair Chance Act or Act), which prohibits federal agencies and federal contractors from requesting criminal background information from job applicants prior to extending an offer, with a few exceptions. The Fair Chance Act goes into effect on . . . Read More
ANNOUNCEMENT: PilieroMazza Counsels Tribal Tech CEO Victoria Vasques on Acquisition of Cowan & Associates
ALEXANDRIA, VA – February 6, 2020: Victoria Vasques, Tribal Tech, LLC ’s President and CEO, successfully acquired Cowan & Associates, Inc. on December, 11, 2019. Ms. Vasques stated, “With an exceptional staff and client portfolio, which includes numerous Department of Defense organizations and other federal government entities, and the University of Virginia, I am fortunate to be able to acquire such a highly respected company. I am excited and proud to count Cowan & Associates, Inc. as a partner to Tribal Tech as we work together to . . . Read More
BLOG UPDATE: Default Terminations – ASBCA Lacks Jurisdiction Over Excusable Delay, Constructive Change Defenses Not Presented to Contracting Officer for Final Decision
PilieroMazza previously explained that a termination for default is considered a contracting officer’s final decision, which may then be appealed. While this is still the case, a recent decision from the Armed Services Board of Contract Appeals (ASBCA) highlights the importance for prime contractors—especially those who anticipate that their contract may be (or already has been) terminated for default—to preserve all relevant defenses to termination in advance of an appeal to the Board of Contract Appeals or Court of Federal Claims. . . . Read More