Kim Miles

The FCA at the Supreme Court, Part 1 of 4: The Government’s Right to Dismiss a Whistleblower Claim

The False Claim Act (FCA) is seeing quite a bit of action at the Supreme Court this term, with multiple cases under consideration. This is the first installment in PilieroMazza’s blog series on “The FCA at the Supreme Court” where we will examine active cases, comment on decisions once they are issued, and discuss ways defendants can protect themselves in FCA litigation. On December 6, 2022, the Supreme Court heard arguments in United States ex rel. Polansky v. Executive Health Resources, . . . Read More

PilieroMazza Serves Up Another Client Win on PPP Loan Forgiveness Appeal

PilieroMazza —a business law firm serving the legal needs of government contractors and commercial businesses—is pleased to announce that attorneys from the Firm’s  Government Contracts  and  Litigation & Dispute Resolution  practice groups overturned another PPP (Paycheck Protection Program) loan forgiveness denial for a client that was wrongfully denied forgiveness by the Small Business Administration (SBA). “It’s important for businesses that receive a denial of their PPP loan forgiveness to know their rights and to carefully assess the basis for the denial,” said  Cy Alba , Practice Group Chair of . . . Read More

Weekly Update for Government Contractors and Commercial Businesses – January 19, 2023

If you have questions concerning the content below, please visit this link . Upcoming Events: Register to attend PilieroMazza’s upcoming events here . Recent Thought Leadership: Check out PilieroMazza’s recent client alerts and blogs here . GovCon Live! Podcast: Listen to PilieroMazza’s Podcast Series “Commercial Businesses New to Government Contracting” here .   LABOR & EMPLOYMENT Remedies for NLRA Violations Now Include Consequential Damages: Important Takeaways for Employers, 01.05.23, Sarah Nash Last year, the National Labor Relations Board, the agency tasked with enforcing employee rights to . . . Read More

Remedies for NLRA Violations Now Include Consequential Damages: Important Takeaways for Employers

Last year, the National Labor Relations Board (NLRB), the agency tasked with enforcing employee rights to organize and discuss terms of employment, issued a number of decisions that impacted U.S. labor law. One decision stands out as fundamentally changing enforcement mechanisms under the National Labor Relations Act (NLRA). PilieroMazza discusses the decision and important takeaways for employers below. On December 13, 2022, the NLRB issued a decision in Thryv, Inc. and International Brotherhood of Electrical Workers, Local 1269. The decision . . . Read More

SBIR/STTR Reauthorization: Do’s and Don’ts of Program Eligibility for Small Business Contractors in Science and Technology

The Office of the Under Secretary of Defense for Research and Engineering oversees the Department of Defense Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) programs. In September, Congress reauthorized the programs through 2025, and President Biden signed the SBIR and STTR Extension Act of 2022 (Act). SBIR/STTR programs present an opportunity for small business contractors in science and technology to assist the government with unique research and development needs. Below, PilieroMazza discusses the do’s and don’ts of SBIR/STTR program eligibility. SBIR/STTR programs provide . . . Read More

PilieroMazza Welcomes 3 New Attorneys to D.C. Office

PilieroMazza —a business law firm serving the legal needs of government contractors and commercial businesses—announces the addition of Associates James Rhodes, Phyllicia Tannenbaum, and  Kirby Rosseau  to the Firm’s  Government ContractsBusiness & Transactions , and  Labor & Employment  practice groups, respectively. Commenting on the new arrivals, Managing Partner  Tony Franco , stated: “We’re pleased to welcome James, Phyllicia, and Kirby into the PilieroMazza family. Each bring a high level of legal acumen and wide range of experience to our practice. We look forward to working with them.” James Rhodes, Government Contracts James brings . . . Read More

Termination for Convenience How to Prepare Your Settlement Proposal

Click here to view the recorded session. Nearly every government contract has a clause that allows the government to terminate the contract, or a portion of the contract, for convenience (i.e., when the government has determined that it no longer needs the goods or services). After a termination for convenience, you and the government need to settle what you are still owed under the contract. This typically occurs through a negotiated agreement, where you submit a settlement proposal the government can either . . . Read More

Congress Passes FY2023 NDAA and Implements Significant Changes to Federal Procurement Policy

Congress recently passed the  FY2023 National Defense Authorization Act (NDAA) , authorizing $858 billion in defense spending and implementing some significant changes to federal procurement policy. The bill will now be sent to President Biden to be signed into law, which we anticipate will happen any day.  PilieroMazza  examines key themes and provisions in the FY2023 NDAA that government contractors (small and large) should know to take advantage of contract opportunities and maintain compliance requirements. Background The NDAA is annual legislation that authorizes funding and programs for . . . Read More

Inflation Relief Is Coming for DOD Contractors

As PilieroMazza has reported , rising costs due to inflation have been one of the most significant issues facing contractors with fixed-price contracts for the past year. Although the Department of Defense (DOD) and General Services Administration (GSA) have taken some steps to ameliorate the situation, those solutions have left contractors wanting. But true relief may be in sight. Congress included a provision in the National Defense Authorization Act (NDAA) for Fiscal Year 2023 that would authorize DOD contractors to receive . . . Read More

Final Rule Establishes Requirements for New SBA Veteran Small Business Certification Program

The Small Business Administration (SBA) issued a final rule last week, officially transferring the responsibility for certification of veteran-owned small businesses (VOSB) and service-disabled veteran-owned small businesses (SDVOSB) to SBA, effective January 1, 2023. We previously blogged about this change here , indicating that Section 862 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2021 provided for the elimination of the Department of Veterans Affairs’ (VA) certification program altogether and implementation of a certification requirement for all VOSB / SDVOSB . . . Read More