Focus on S Corporations, Part 1:  Choosing the Right Entity to Meet Your Small Business Goals

Most business owners understand the need to create an entity to operate their business. However, beyond general knowledge, many owners are unsure of when is the right time to create an entity and which type of entity makes sense for their business goals. These choices are complex and vary for each type of business. This is the first in a series of blogs focused on S Corporations (S Corps) where attorneys in PilieroMazza ’s Corporate & Organizational Governance Team explore different S Corp entity types, their . . . Read More

Settlements and Judgments from FCA and Fraud Matters Top $2.68 Billion in 2023

On February 22, 2024, the Department of Justice (DOJ) released its annual statistical report (Annual Report) regarding settlements and judgments obtained in the False Claims Act (FCA) and fraud matters for Fiscal Year (FY) 2023. Over the course of the fiscal year, which ended on September 30, 2023, the government recouped $2,689,447,914, a 20% increase compared to FY 2022 but well below the average annual recoveries over the last 15 years (approximately $3.6 Billion). Below are key takeaways from the Annual Report and . . . Read More

The Corporate Transparency Act: Updates, Requirements, and Enforcement for Small Businesses

The Corporate Transparency Act (CTA) has been a hot topic for small business owners since its inception. As we approach its effective date on January 1, 2024, it’s crucial to understand CTA’s implications for small businesses. Below, attorneys in PilieroMazza ’s Business & Transactions Group offer guidance to small business owners and their senior officers on CTA compliance and potential criminal and monetary penalties for failure to report information required by the CTA. PilieroMazza attorneys will also present “Understanding the Corporate Transparency Act: Implications and . . . Read More

Turning $1.6 Million Into $53 Million: Key Takeaways from Eyebrow-Raising FCA Ruling

On January 20, 2023, the U.S. District Court for the District of Columbia entered a judgment in the amount of $1,679,450.16 in favor of the U.S. (the government ) in a False Claims Act (FCA) litigation against Gen Digital, Inc. (formerly known as Symantec Corporation and NortonLifeLock Inc.). Although any adverse judgment in an FCA matter might be seen as a disappointment, the government requested a total judgment in the case of over $1 Billion. Accordingly, the defendants could treat . . . Read More

Rule of Two Changes: OMB Memo Aims to Make Rule of Two Apply to Task and Delivery Orders and SBA’s Proposed Rules, Coming Soon, Will Shape the Future Procurement Landscape

On January 25, 2024, the White House Office of Management and Budget issued a memo, Increasing Small Business Participation on Multiple-Award Contracts, calling for executive agencies to apply the FAR’s Rule of Two to task and delivery orders competed under multiple-award contracts. Contractors should take note that this change has the potential to significantly increase the number of small business set-asides, and in turn, it could mean millions more dollars in contract opportunities for small businesses. In this blog, we . . . Read More

New Wave of Pay Transparency Requirements Affects Employers and Federal Contractors

A growing patchwork of state pay transparency laws is placing additional requirements on employers’ hiring practices. As of the date of this blog, five states, as well as the District of Columbia, enacted pay transparency laws requiring employers to disclose salary ranges in job postings, among other things. Furthermore, these general obligations will soon apply to certain federal contractors.  On January 30, 2024, the Federal Acquisition Regulatory Council (the FAR Council) issued a proposed rule requiring federal contractors to disclose . . . Read More

Forgiveness Denied: Protecting Your Rights During the PPP Loan Appeal Process

In 2020, the Coronavirus Aid, Relief, and Economic Security (CARES) Act established the Paycheck Protection Program (PPP). Under the PPP, eligible businesses could receive loans for support through unprecedented times. Loan forgiveness was all but promised by not only lenders processing the loans, but the Small Business Administration (SBA) which was tasked with implementing the program. With SBA planning to claw-back PPP loans for years to come, borrowers should be aware of how to protect their rights when appealing a . . . Read More

Focus on SBA’s SBIC Program, Part 3: Demystifying the Intricacies of the SBIC Application Process

The Small Business Investment Company (SBIC) program is emerging as a powerful financial tool for small business government contractors seeking a transformative approach to financing and growth. This third blog in the series “Focus on SBA’s SBIC Program” demystifies the intricate SBIC application process and reveals strategic benefits associated with obtaining an SBIC license. Small business government contractors should familiarize themselves with the application process to unlock new avenues of capital to foster their success. Please visit this link for Part . . . Read More

Good News for Pandemic-Related Government Contract Claims: McCarthy HITT – Next NGA West JV

On December 20, 2023, the Armed Services Board of Contract Appeals (the Board) denied the government’s motion to dismiss pandemic-related claims. In doing so, the Board rejected the government’s arguments alleging that the claims (1) failed to state a claim, (2) were barred by the sovereign acts affirmative defense, and (3) failed to provide a clear amount as required by the Contracts Disputes Act. The Board’s rejection of the government’s motion to dismiss in McCarthy HITT – Next NGA West . . . Read More

Focus on SBA’s SBIC Program, Part 2: Decoding Regulations and Pre-Application Considerations for Small Business Government Contractors

This second installment of PilieroMazza ’s blog series “Focus on SBA’s SBIC Program” explores regulations governing SBIC status and considerations for potential applicants. Please visit this link for Part 1 in the series. For small business government contractors looking to leverage the opportunities presented by the SBIC program, it is imperative to understand the related regulations to safeguard the interests of both investors and small businesses. As discussed in the first part of this blog series, the SBIC program provides members with . . . Read More