Welcome to the PilieroMazza blog, featuring trending legal insight in the areas of government contracting, general business and corporate issues, labor and employment, and civil litigation matters.

BLOG: COVID-19 and Its Effects on Credit Facilities

With the spread of COVID-19, businesses all over the world have seen their operations affected and their cash flows and production decreased, putting them at risk of default on their credit obligations. The prediction is that the global economy will enter into recession, which will continue to affect the financial situation of millions of businesses. All businesses should consider the available options to remedy any borrowing deficits in light of specific circumstances.
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BLOG: JEDI Update: Pentagon Files Voluntary Motion for Remand to Reconsider Microsoft Award

March 27, 2020
By Lauren Brier
On March 12, 2020, the Department of Defense (DOD) filed a motion for voluntary remand requesting that the Court of Federal Claims (COFC) remand the Joint Enterprise Defense Infrastructure (JEDI) contract case for 120 days. This would allow DOD to reconsider certain aspects of its decision to award the JEDI contract to Microsoft. DOD's re-evaluation could signify major flaws in the process.
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BLOG: 8(a) Contractors: To Suspend or Not Suspend In Light of COVID-19

March 25, 2020
By Meghan F. Leemon
If you are an 8(a) contractor, you may have received a notification from your Business Opportunity Specialist regarding a voluntary suspension due to the March 13, 2020 declaration of a national emergency concerning the COVID-19 outbreak. Covered below are considerations for 8(a) government contractors before they decide to suspend or not to suspend their participation in the 8(a) program.
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BLOG: Employers: A Briefing on Federal Agencies' Responses to COVID-19

Federal, state, and local governments are working around the clock to implement various measures in the midst of the COVID-19 crisis. Additionally, a number of federal agencies and departments are also taking action in response to the outbreak. For employers across the nation, it is undeniably an unstable and unclear time, with no concrete signs of when there will be a sense of normalcy again. However, in the meantime, we compiled a list of some of the agencies with brief descriptions of their issued guidance and/or responses for employers to take note of.
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BLOG: COVID-19 and Material Adverse Effect Provisions in Acquisition Agreements

March 23, 2020
By Kathryn L. Hickey and Francis G. Massaro
The coronavirus (COVID-19) continues to create extensive uncertainty for individuals and businesses. For parties actively pursuing an M&A transaction, COVID-19 presents the buyer and seller with additional risks both pre- and post-closing, including impacting the valuation of the target company, increasing exposure to liabilities relating to performance and payment obligations, expanding risk of claims from employees and other personnel, among other extraordinary risks that may result in delay or, in the worst cases, termination of the transaction. Traditionally, acquisition agreements include material adverse effect provisions that are designed to ensure all parties have a clear understanding of the target company's business as of closing with a reasonable belief that no event has occurred that would result in materially adverse changes. In the "new normal" of COVID-19, we discuss why both buyers and sellers in an M&A transaction should closely examine the "material adverse effect" definition and related provisions in acquisition agreements to insulate themselves from future risk of losses.
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