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: CARES Act Section 3610 – Part 1: Confusion and Shifting Sands

May 27, 2020
By Isaias "Cy" Alba IV and Anna R. Wright
As we noted previously, last week Defense Pricing and Contracting issued draft instructions and requirements for contractors submitting funding requests under Section 3610 of the CARES Act. These requirements contain some departures from previous guidance and define several points that previously were left up to a contracting officer's discretion. In this two-part blog series (visit this link for Part 2), we examine some of the key areas in which the guidance either clarified or, in some cases changed, existing practice.
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BLOG: CARES Act Section 3610 – Part 2: A Rock and A Hard Place

May 27, 2020
By Isaias "Cy" Alba IV and Anna R. Wright
In this second part of our blog series on the CARES Act Section 3610 (visit this link for Part 1), we move on to the conflicting information out there, and the basis of one of the most frequently asked questions we receive: What is the potential conflict between state shelter-in-place orders and federal contract performance requirements? State shelter-in-place orders come with various enforcement mechanisms, some of which include large fines and even imprisonment. This is true in, for example, California, used here to demonstrate the application of a relatively strict shelter-in-place order. However, even the more restrictive states like California make a few exceptions to the shelter-in-place orders, most notably in the area of "critical industries." In general, each employee's specific job duties control whether an employee is in a critical industry, and thus is exempt from California's Shelter In Place Order. However, that order has a convenient loophole linking it to the federal interpretation of "critical infrastructure sectors." Specifically, it points to the CISA website, which states that there are 16 critical industries. These industries are:
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BLOG: Creating a New Normal: 5 Steps for Employers Preparing a Returning Workforce in a COVID-19 Environment

May 21, 2020
By Sara Nasseri
As government authorities slowly begin the reopening process, employers are now preparing to reopen facilities and return employees to their worksites. Undoubtedly, with the COVID-19 pandemic still ongoing, a return to work certainly will not mean a return to how things used to be and employers will need to implement new processes and procedures to adequately prepare employees and comply with state and local requirements. This brief guide outlines various considerations employers will have to make to gradually and safely bring their workforce back and create a new normal.
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BLOG: Judgment on the Pleadings: An Underutilized and Potentially Devastating Tool in the Litigator's Pre-Trial Arsenal

May 14, 2020
By Matthew E. Kreiser
Motions for judgment on the pleadings are an often misunderstood and underutilized tool in the litigator's arsenal. A motion made under Federal Rule of Civil Procedure 12(c) (or a similar state rule of procedure where available) can be used to attack the sufficiency of an opponent's pleadings and the viability of their underlying claims prior to trial. When prompted, most defense litigators will often identify pre-answer motions to dismiss or motions for summary judgment as the preferred pre-trial vehicles to dispose of a plaintiff's claims. However, Rule 12(c) provides another effective, and potentially devastating, tool for litigators to dispose of claims and cripple their opponent's case, and can be incorporated into their litigation strategy and regular practice.
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BLOG: JEDI Update: AWS Files Agency-Level Protest with Pentagon

May 12, 2020
By Lauren Brier
The ongoing public feud between Microsoft and Amazon Web Services ("AWS") over the Department of Defense's ("DOD") Joint Enterprise Defense Infrastructure ("JEDI") Cloud contract saw three major developments over the last thirty (30) days. This blog provides an update on the JEDI protest, which has potential implications for the government contracting community.
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