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: Open-Source Software in Federal Procurements: The Good, the Bad, and the Ugly, Part 2 – The Bad

January 24, 2020
By Isaias "Cy" Alba IV
In the first post of this series, we discussed "the good" of open-source software and why federal buyers should find it attractive. However, when it comes to the federal government accepting open-source code with open arms, the reality is certainly more mixed. Faced with changing and technical regulations, government contractors need to know the major drawbacks of using open-source code in government contracts. In this second entry to our open-source series, we explore "the bad" impacts of open-source use in government contracting.
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BLOG: New York v. Delaware Part 1: Which State Is Best to Incorporate My Business?

January 24, 2020
By Melissa M. Rodriguez
Business owners often have two questions when launching their business and growing it through commercial relationships and/or corporate transactions. These questions are "where should I incorporate?", and once the business is incorporated and operating, "what should the applicable law be of our agreements?" Two states come to mind when dealing with these questions. Both Delaware and New York have developed a reputation for purposes of incorporating businesses and being the governing law/jurisdiction of choice in commercial agreements and corporate transactions. But which makes more business sense? In this two-part series, we first address the question "Which state is best to incorporate your business?" reveal key insights that businesses of all types should consider when navigating the incorporation process and negotiating transactions and business relationships.
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BLOG: Top Priorities from SBA Administrator Jovita Carranza

January 20, 2020
By Antonio R. Franco
On January 7, 2020, the Senate confirmed U.S. Treasurer Jovita Carranza as the 26th Administrator of the Small Business Administration (SBA). During her testimony before the Senate Committee on Small Business and Entrepreneurship, Carranza listed a number of priorities she will bring to her role at SBA. Below are notable priorities that may impact small businesses and/or government contractors.
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BLOG: The FCA Continues to Pay (For the Government): Key Takeaways from DOJ's FY 2019 Fraud Statistics

January 14, 2020
By Matthew E. Feinberg
On January 9, 2020, the Department of Justice (DOJ) announced that it recovered more than $3 billion in settlements and judgments from civil cases involving fraud and the False Claims Act (FCA) in Fiscal Year (FY) 2019, which ended September 30, 2019. Along with the announcement, the government issued its annual fraud statistics report for the fiscal year. The government's announcement and report confirmed trends in FCA litigation and other fraud cases that government contractors should look out for in 2020 and beyond.
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BLOG: New DoL Rule Clarifies Joint Employer Status Under FLSA

January 14, 2020
By Nichole D. Atallah
On January 16, 2020, the Department of Labor's (DoL) Wage and Hour Division will publish a final rule clarifying joint employer status under the Fair Labor Standards Act (FLSA), adopting a four-factor test to determine joint employer status. The rule simplifies and narrows the interpretation of a joint employer from the interpretation implemented by the Obama administration. This final rule will benefit companies establishing cooperative business arrangements as they seek assurances as to whether they will be responsible for ensuring employees are paid correctly.
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