BLOG: Important Considerations When Structuring M&A Transactions for Government Contractors: Pre-Transaction Part 1 of a 3-Part Series

February 3, 2020
By Kathryn L. Hickey and Francis G. Massaro
M&A transactions involving government contractors carry several regulatory and industry-specific considerations that can materially impact all aspects of the deal—from high-level structuring considerations to risk allocation for compliance issues to additional administrative checklist items. If neglected or overlooked, they can result in major headaches. This three-part series outlines certain key issues to consider before, during, and after transactions involving government contractors.

BLOG: Employers: Is Your FMLA Policy DOL Compliant?

January 30, 2020
By Nichole D. Atallah
The Family Medical Leave Act (FMLA) requires employers with the requisite number of employees to provide up to 12 weeks of leave to employees experiencing a qualifying event. Regulations implementing the FMLA require that employers display a poster in a prominent location that summarizes major FMLA provisions and explains how to file a complaint. The regulations also require an employer with eligible employees to provide a general notice to employees in a handbook or other policy document. The general notice must have all the information that is provided on the Department of Labor (DOL) poster.

BLOG: Open-Source Software in Federal Procurements: The Good, the Bad, and the Ugly, Part 3 – The Ugly

January 29, 2020
By Isaias "Cy" Alba IV
Concluding our blog series on open-source software in the government market, it is time to turn to the darker side of things. We already discussed the "good" of open-source software for government buyers, and we walked through the "bad," explaining how some elements may conflict with federal laws or priorities. Now we will look at the "ugly" side of open-source software and how contractors can mitigate associated risks.

BLOG: New York v. Delaware Part 2: Which State is Best for Governing Law?

January 28, 2020
By Melissa M. Rodriguez
In Part 2 of this blog series, we dive into which state—New York or Delaware—is best for businesses to consider as governing law for their contracts. Both Delaware and New York have a reputation for being the governing law or jurisdiction of choice in commercial agreements and corporate transactions. A company's decision will greatly impact which rules and laws govern agreements when legal issues arise.

BLOG: 4 Issues That Defined the False Claims Act in 2019

January 28, 2020
By Matthew E. Feinberg
As I wrote two weeks ago, the Department of Justice (DOJ) recently released its annual fiscal year statistics on False Claims Act (FCA) and fraud matters. The report shows Fiscal Year 2019 was another big year for the FCA, as the number of new matters initiated and the amount of monetary recoveries obtained both increased over the previous year. 2019 also brought important FCA decisions from federal courts, including the Supreme Court; potential new avenues for FCA liability; and formal announcements from DOJ. These reveal emerging trends that may have lasting implications for government contractors.
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