Attorney-Client Privilege Protects Against Production of Internal Investigations of Fraud

By Katie Flood If you have been worrying about a potential issue related to an audit or False Claims Act (FCA) complaint, but have been nervous to proceed with an internal investigation in case those results should come back damning and later be disclosed a court case, there is good news from the DC Circuit.  In a petition filed in the case In re Kellogg Brown & Root, Inc., DC Circuit No. 14-5055 (June 27, 2014), the DC Circuit overturned the . . . Read More

Be more. Do more. Advancing the Missions of Others through Community Service

By Kimi Murakami What can you do to give back to the community? What do you have to offer others? Law firms with a conscious, like PilieroMazza, encourage their employees to ask themselves these questions and to participate in giving back to their communities through pro bono services, financial donations, participation of their time and other resources to causes that they believe in. The platforms for giving back to the community take on a variety of forms at PilieroMazza. Finding . . . Read More

It’s Not Just About Being Disadvantaged: An Overview of the SBA’s Potential for Success Requirement for 8(a) Program Entry

Gaining entry to the Small Business Administration’s (“SBA”) 8(a) Business Development Program (the “8(a) Program”) is not just about proving a social and economic disadvantage. If you are a small business owner thinking about applying to the 8(a) Program, there is another eligibility requirement you need to understand: potential for success. A business applying for 8(a) status must possess reasonable prospects for success competing in the private sector before it can be admitted to the 8(a) Program. What does that . . . Read More

If You Can’t Beat ‘Em, Institute a Moratorium

By Nichole DeVries On May 7, 2014, the Office of Federal Contract Compliance Programs (OFCCP) issued Directive 2014-01, instituting a five-year moratorium on the OFCCP enforcement over TRICARE subcontractors.  The moratorium applies to health care entities that participate in TRICARE as subcontractors under a prime contract between the Department of Defense (DOD) TRICARE Management Activity and one of the prime contractors providing managed-care contractors. Why would OFCCP stop auditing TRICARE subcontractors?  According to OFCCP, there is a “difference in understanding” . . . Read More

Strategic Tips for Approaching Lenders and How to Choose the Right One

For those small businesses that are looking to obtain debt financing or to refinance existing debt, there are some strategic planning tips to consider in approaching and selecting a potential lender. As the saying goes, you only get one chance to make a first impression.  With lenders, this first impression is all-important.  Failing to make a good one can be the difference between a lender making or not making a loan.  And, this first impression will also significantly influence the . . . Read More

“Are You Being Served?” If So, Your ESI Must Be Preserved!

Unlike the classic British sitcom “Are You Being Served?”, as any business owner who has been on the receiving end of a threat of litigation or was served with a complaint can attest, there is nothing remotely amusing about what is in store for the company. And one of the most challenging, time-consuming and costly aspects of litigation is the discovery process—whereby each side, if asked through interrogatories and document requests, must show its respective hand, in the process producing . . . Read More

Can You Have A Partnership of One and Why The Answer Matters to Joint Ventures

By Kimi Murakami Companies can come in all different shapes and sizes. They can be traditional C corporations, limited liability companies, general partnerships, limited partnerships, S corporations, joint ventures (“JVs”) or various combinations of the above. Selection of corporate structure should be made in consultation with your legal and tax advisors as it is critical when initially forming your company, particularly if you intend to perform government contracts. As with many decisions in running a government contract business, what may . . . Read More

Selecting the Right Employee Incentive Plan Can Be Tricky

The purpose of an employee incentive plan, regardless of the specific type or form that it takes, is to more closely align a key employee’s financial interests with the company’s. The company owners’ challenge when developing and implementing an employee incentive plan is to strike the right balance between allowing key employees to share in the company’s upside success, while at the same time protecting the company’s downside risk in the event one or more of the key employees fails . . . Read More