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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BLOG: Raytheon Challenges CO Intellectual Property Decision in COFC

March 17, 2020
By Patrick T. Rothwell
In a recent Court of Federal Claims (COFC) case, Raytheon Corporation (Raytheon) challenged a federal agency order that a Government Purpose Right (GPR) legend be affixed to documents purportedly containing technical data. COFC held that the contracting officer's (CO) decision that the documents contained technical data and the CO order to affix a GPR legend constituted a claim under COFC jurisdiction. This demonstrates that government contractors may challenge similar intellectual property disputes in COFC, despite an adverse final decision from a CO.
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BLOG: 4 Things to Know About DOJ's Procurement Collusion Strike Force

March 13, 2020
By Jacqueline K. Unger
The U.S. Department of Justice (DOJ) has been increasing scrutiny of anticompetitive conduct in public procurements over the past several years, and this trend is certain to continue in light of DOJ's formation of a new Procurement Collusion Strike Force (PCSF), announced in November 2019. What should government contractors know about the PCSF? Here are four key takeaways regarding the PCSF's activities to help government contractors understand and prepare for increased enforcement of antitrust laws.
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BLOG: Reselling Laptops and Tablets to the Federal Government Just Got Easier

March 12, 2020
By Jon Williams
The Small Business Administration (SBA) issued a class waiver of the non-manufacturer rule (NMR) on March 9, 2020. Effective April 8, 2020, it waives the NMR for commercially available off-the-shelf (COTS) laptop and tablet computers. The waiver is great news for small business resellers in the IT industry because the waiver will make it easier for these small businesses to comply with the NMR when reselling COTS laptops and tablets to federal agencies.
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