Prohibitions on Use of Some Chinese Telecommunications Equipment by Government Contractors Effective August 13, 2020

Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act (NDAA) for Fiscal Year 2019—prohibiting government agencies and government contractors they work with from using certain covered telecommunications equipment or services from China—goes into effect on August 13, 2020. The FAR Council issued an interim rule implementing Section 889(a)(1)(B) by making a number of changes to 48 CFR Parts 1, 4, 13, 39, and 52. While the interim rule will be effective as of August 13, comments to the . . . Read More

BLOG: 10 Questions to Ask for a Successful Government Contracts Novation

Government contractor acquisitions present unique regulatory hurdles, and one major challenge is the preparation, submission, and execution of a novation package with the U.S. government. While the novation package itself is a hurdle, there are additional factors that impact its success. Below are ten questions government contractors should ask, which can spell the difference between a successful and unsuccessful novation. Novation Package Documentation Novation is required for the transfer or assignment of a federal government contract from one entity to . . . Read More

BLOG: Stockholders and Board Directors: Overview of COVID-Related Changes to Title 8 of Delaware General Corporation Law

On July 16, 2020, Governor John Carney of Delaware signed into law House Bill 341 to amend Title 8 of the Delaware General Corporation Law (DGCL) which, among other things, (1) solidifies a pandemic as an emergency situation, (2) expands the special powers of stockholders and directors during such emergency conditions, and (3) allows for the option to use electronic transmission documentation and electronic signatures for the execution of documents (previously limited to hardcopy and manual execution only).  While DGCL § 110(a) already . . . Read More

ANNOUNCEMENT: PilieroMazza Unveils New Website and Logo Rebrand

WASHINGTON, DC: August 10, 2020—Today, PilieroMazza PLLC—a business law firm serving the legal needs of government contractors and commercial businesses—is proud to unveil the Firm’s new website ( www.pilieromazza.com ) and logo rebrand.  Commenting on the launch, PilieroMazza’s Managing Partner Pam Mazza , said: “‘Practicing What Matters,’ the Firm’s new tagline, emphasizes the interconnectedness of our clients with our attorneys, practice groups, and industry teams, and the seamless way we find creative, efficient, and winning solutions for our clients.”  The new look, which . . . Read More

Weekly Update for Government Contractors and Commercial Businesses – August 7, 2020

If you have questions concerning the content below, please visit this  link . COVID-19 Client Resource Center: To access resources for businesses navigating the COVID-19 crisis, we invite you to visit PilieroMazza’s “ COVID-19 Client Resource Center .” Please contact  covid19@pilieromazza.com  for immediate assistance. NEWS: Matt Feinberg Talks to Law360 on Litigation Funding Companies’ Interest in Funding FCA Cases, July 28, 2020. [ Read More ] LABOR & EMPLOYMENT DOL Releases Fluctuating Workweek Fact Sheet The Department of Labor (DOL) released a new fact sheet with guidance on calculating overtime when DOL’s . . . Read More

SBA Issues More New Guidance on PPP Loan Forgiveness

In a new FAQ published on August 4, 2020 (found  here ), SBA clarified some additional points from the use of scanned documents to support the application to the forgiveness eligibility of costs incurred or paid during the chosen covered period. As always, PilieroMazza wants to bring this to the attention of all of our clients as we know many firms are currently preparing their forgiveness applications and these may be critical updates. General Loan Forgiveness If you are a sole proprietor/1099 . . . Read More

BLOG: Investing in or Acquiring a Medical Provider? Costs of Improperly Reporting Medicare Changes in Ownership (CHOW)

When an investor desires to invest in or acquire a medical provider, the investor must understand how the transaction may affect the provider’s Medicare enrollment. Depending on the structure of the transaction, the provider must report certain changes in the provider’s ownership to the Centers for Medicare & Medicaid Services (“CMS”). Compliance with CMS’s notification requirements permits the provider to continue participating in the Medicare program under its provider agreement with minimal, if any, delays or issues. However, if the . . . Read More

ANNOUNCEMENT: PilieroMazza Welcomes Former DOJ Litigator Ora Nwabueze to Litigation Team

PilieroMazza is pleased to welcome Ora Nwabueze  to the Firm’s  Litigation & Dispute Resolution Group .  “Ora is a welcome addition to our growing litigation team,” said the Group’s Practice Chair  Matt Feinberg .  “His diverse experience in high stakes business litigation matters in both government and private practice will greatly benefit our clients.” Ora offers PilieroMazza clients full-circle representation and adept knowledge in matters involving complex commercial litigation and dispute resolution. Furthermore, he has substantial prior engagements defending business clients in various areas, including corporate finance, healthcare, mass torts, . . . Read More

California Consumer Privacy Act Enforcement Effective July 1

Despite requests for delay due to COVID-19, California Attorney General Xavier Becerra has affirmed that enforcement of the California Consumer Privacy Act (CCPA) has started, effective July 1, 2020. The CCPA is a huge step forward in data privacy law, granting California consumers robust data privacy rights and increased control over their personal information. Previous  PilieroMazza  coverage of the CCPA can be viewed  here  and  here . While the CCPA has been in effect since January 1, 2020, companies that do business with California . . . Read More

Matt Feinberg Talks to Law360 on Litigation Funding Companies’ Interest in Funding FCA Cases

An unprecedented decision backing a whistleblower’s use of third-party legal funding in a Medicare billing suit has raised concerns that future False Claims Act lawsuits may be motivated more by corporate strategy than protecting the government against fraud. The first-of-its-kind June decision from the Eleventh Circuit revived relator Angela Ruckh’s Medicare fraud judgment against nursing facility operator CMC II LLC despite the company’s objections to Ruckh’s appeal being funded by a third party, sparking considerable debate over the propriety of such . . . Read More