Employee Organizing 101: What Every Employer Needs to Know Before, During, and After a Union Campaign
Employee organizing activity continues to draw increased attention across industries and across multiple jurisdictions, making it more important than ever for employers to understand their rights, responsibilities, and legal obligations under federal labor law. To help employers better understand this evolving landscape, PilieroMazza ’s Labor & Employment Group is launching a three-part blog and webinar series focused on employee organizing and union representation. As the first installment in this series, this blog previews the webinar’s key topics, offering a high-level look at the legal framework . . . Read More
Top 10 Killer Construction Contract Clauses, Part 5: Liquidated Damages Provisions
Liquidated damages clauses are common in construction contracts and can create significant risk for contractors. They set a predetermined daily amount for late completion. Under common law and federal contract law, liquidated damages generally must reasonably estimate anticipated delay damages and cannot operate as a penalty. While they can create certainty, they can also threaten profitability if contractors fail to manage schedule risk. This blog highlights key benefits, risks, and practical considerations associated with liquidated damages clauses for construction contractors. . . . Read More
SBA Issues Proposed Rule Regarding Social Disadvantage Requirements for Individually-Owned 8(a) Applicants
On June 11, 2026, SBA issued a proposed rule entitled “Reforms to Remove SBA’s 8(a) Program’s Rebuttable Presumption of Social Disadvantage for Individually Owned Firms Only; Reforms Do Not Impact Entity-Owned Firms.” This client alert covers key aspects of the proposed rule and how it may impact a contractor’s pending or future 8(a) application. Notably, this proposed rule does not impact current individually-owned participants in the U.S. Small Business Administration’s (SBA) 8(a) business development program (8(a) program) or entity-owned firms. This proposed . . . Read More
Government Contractors and AI: Protecting Confidential Information and Privilege in Disputes
Artificial intelligence (AI) offers clear efficiencies, but government contractors should proceed with caution before inputting protected documents, confidential information, or dispute-related facts into consumer AI tools in the hopes that they will quickly analyze your dispute and provide a strategy for recovery or litigation. A prompt intended to save time may instead produce unreliable analysis, expose sensitive information, create compliance problems under the contractor’s legal and contractual obligations, or jeopardize privilege. This article highlights several reasons government contractors—especially those facing . . . Read More
No Severance, No Noncompete: Virginia Mandates Employers Pay for Enforceable Noncompete Agreements Against Laid-Off Employees
Virginia has become increasingly hostile to noncompetition agreements as of late. Starting July 1, 2026, Virginia employers will be prohibited from enforcing new noncompete agreements against employees who are laid-off or fired without cause—unless the employer pays them severance or another amount that it specifies upfront in the noncompete agreement. Before the law takes effect, Virginia employers should review their noncompete agreements and employee separation practices to ensure compliance and minimize legal and financial penalties. What Restrictions Does the New . . . Read More
Contract Claims 101: Uncommon Theories, Part 5
While it is likely only a matter of time before contractors working for federal agencies become familiar with the government contract claim issues discussed in Part 4 of our series (e.g., changes, delays, defective specifications, and terminations), it is equally important that contractors are also aware of the less common and often more difficult claim theories recognized by federal courts as well as boards authorized under the Contract Disputes Act (CDA). These claims are less common as they often flow from narrower . . . Read More
House Small Business Committee Unanimously Advances “Rule of Two” Bill Toward Full House Vote
In a significant development for the small business federal contracting community, the House Small Business Committee unanimously approved an amended version of H.R. 2804 , the Protecting Small Business Competitions Act of 2025, advancing legislation that would codify the longstanding Rule of Two into statute. The bill now moves to the full House of Representatives for consideration. This milestone marks a major step toward placing one of the federal procurement system’s foundational small business protections on firmer legal footing. The Rule of . . . Read More
Ending Discrimination in Government Contracting Act Proposes to Eliminate Preferences for 8(a) and WOSB Firms
On April 27, 2026, Senator Mike Lee (R-UT) and Congressman Glenn Grothman (R-WI) introduced companion bills called “Ending Discrimination in Government Contracting Act.” The bills (H.R. 8511) and (S. 4390) seek to eliminate federal contracting preferences for “socially and economically disadvantaged individuals” and “small business concerns owned and controlled by women,” essentially gutting the statutory bases for the Small Business Administration’s Woman-Owned Small Business (WOSB) and 8(a) Business Development Program (the 8(a) Program). Following President Trump’s March 26, 2026, Executive . . . Read More
The Shifting Landscape for Foreign Ownership, Control, or Influence, Part 1: Understanding the Proposed Rule
The Department of Defense (DOD) recently released a Proposed Rule ( Rule ) that would expand federal contractors’ and subcontractors’ obligations regarding disclosure of beneficial ownership and foreign ownership, control, or influence (FOCI). FOCI obligations and related beneficial ownership disclosures have historically applied primarily to government contractors and subcontractors holding a facility security clearance and performing cleared government contracts or subcontracts. DOD is now proposing to broaden these often confusing and complex rules. Below, PilieroMazza attorneys outline the Rule, its implications . . . Read More
House Committee to Consider Legislation Codifying the Rule of Two for Small Business Set-Asides
On Wednesday, May 20, the House Committee on Small Business is scheduled to consider legislation that would codify the Rule of Two into federal law. Stakeholders have a near-term opportunity to show support by filling out this form to sign onto an industry letter urging the Committee to advance H.R. 2804, the Protecting Small Business Competitions Act of 2025, ahead of the Full Committee Markup. Background on the Rule of Two For decades, the Rule of Two has been a cornerstone of the . . . Read More