Managing Litigation Risk During the Business Lifecycle, Part 8: Representations, Warranties, and Post-Sale Disputes
Representations and warranties are the backbone of risk allocation in any transaction. While due diligence and valuation models often drive the economic terms of a deal, representations and warranties determine how risk is allocated when a transaction does not unfold as expected. As a result, the way these provisions are drafted and negotiated frequently determines whether post-closing issues remain manageable business challenges or escalate into full-scale litigation. In this last installment of PilieroMazza’s blog series, “Managing Litigation Risk During the . . . Read More
Inside the SBA’s Full-Scale 8(a) Audit: What Participants Need to Know Now
Click here to view the recorded session. In early December, the SBA issued formal data and document requests to all certified 8(a) Business Development Program participants—marking the first major step in the “immediate and full-scale audit” the agency announced in June 2025. These requests are driven largely by recent online media publications attacking the 8(a) Program with allegations of purported (but as-yet unproven) widespread fraud. The scrutiny on the 8(a) Program is intensifying, and 8(a) companies could face collateral damage during . . . Read More
PilieroMazza’s Matt Feinberg Shares Key Impacts of SBA’s 8(a) Audit on Tribally Owned Contractors with Tribal Business News
Matt Feinberg of PilieroMazza recently spoke with and Brian Edwards of Tribal Business News about the SBA’s 8(a) audit and its impact on tribally owned businesses operating in the federal procurement space. Below is the complete article, which also can be accessed through this link . Don’t miss PilieroMazza’s webinar, “ Inside the SBA’s Full-Scale 8(a) Audit: What Participants Need to Know Now ,” scheduled for December 17 at 2 PM ET. ________________________________________ The Small Business Administration’s sweeping audit of its 8(a) Business Development program has left Native-owned companies scrambling to meet a 30-day deadline that advisers . . . Read More
Passport to Trouble: Court Dismisses Foreign Bank Accountholders’ Penalty Challenge
Enforcing foreign bank account reporting requirements through penalties has been an IRS priority for several years, spawning numerous precedent-setting cases throughout the courts. In the latest such case [1] , a federal appeals court rebuffed foreign bank accountholders’ efforts to resist the federal government’s robust powers to collect those penalties. This case demonstrates two things: (1) not all IRS-administered penalties are treated like taxes and (2) understanding the difference is critical to effectively challenging them—especially for foreign bank accountholders who could . . . Read More
Weekly Update for Government Contractors and Commercial Businesses – December 11, 2025
The Weekly Update recaps recent legislative and regulatory updates affecting government contractors and commercial businesses. If you have questions concerning this content, please email marketing@pilieromazza.com . _____________________________________________ Season’s Greetings from PilieroMazza! GOVERNMENT CONTRACTS / FALSE CLAIMS ACT / AUDITS & INVESTIGATIONS SBA’s 8(a) Program Audit Starts—PilieroMazza Launches “8(a) Audit Response Task Force” to Help Clients Handle the Holiday Gift No One Asked For, PilieroMazza Client Alert, Matthew E. Feinberg , Meghan F. Leemon On December 5, 2025, the Small Business Administration (SBA) issued formal data and document requests (linked here ) to certified 8(a) Business Development Program participants. . . . Read More
Warfighting at Warp Speed, Part 2: Tracking the 2026 NDAA and DOW’s Acquisition Overhaul
In November, PilieroMazza explained the Department of War’s (DOW) Acquisition Overhaul and why defense contractors need to stay informed, as understanding how DOW plans to fast-track contract delivery will be key to thriving in this evolving landscape. Since DOW released its plans in a memo titled “ Transforming the Warfighting Acquisition System to Accelerate Fielding of Capabilities ,” the government took further action to reshape the defense acquisition process via the 2026 National Defense Authorization Act (NDAA) released by Congress on December 7, 2025. In this blog, we break down key highlights from the 3,000-page NDAA for defense contractors tracking how these . . . Read More
Season’s Greetings from PilieroMazza!
SBA’s 8(a) Program Audit Starts—PilieroMazza Launches “8(a) Audit Response Task Force” to Help Clients Handle the Holiday Gift No One Asked For
On December 5, 2025, the Small Business Administration (SBA) issued formal data and document requests (linked here ) to certified 8(a) Business Development Program participants. This follows SBA’s June 2025 announcement that it would implement an “immediate and full-scale audit” of the 8(a) Program. The requests, issued by the SBA Office of General Counsel via email, justified the audit as follows: “Recent reports by journalists and independent investigators have raised questions about widespread misconduct within the 8(a) Businesses [sic] Development Program, . . . Read More
Cy Alba Talks to Federal News Network on DOD’s Plan to Cap Profits for Value-Added Resellers
In a draft memo, the Pentagon would place a 5% cap on most fees charged by value-added resellers (VARS) starting with a specific special item number (SIN) for IT products. This cap would only apply to IT products sold through the General Services Administration’s schedule contract. The draft memo is one of two expected from the administration to address what it believes are higher than normal costs when buying IT products and services through resellers. Responding to the legality of . . . Read More
Weekly Update for Government Contractors and Commercial Businesses – December 4, 2025
The Weekly Update recaps recent legislative and regulatory updates affecting government contractors and commercial businesses. If you have questions concerning this content, please email marketing@pilieromazza.com . _____________________________________________ NONPROFIT AND TAX-EXEMPT ORGANIZATIONS Nonprofits Celebrate PilieroMazza’s Kristen Centre for Transformative Legal Support, PilieroMazza News, Kristen Centre Pro Bono Partnership (PBP) has recognized PilieroMazza Partner Kristen Centre for her outstanding contributions to nonprofit organizations by offering vital, pro bono legal support on matters ranging from corporate governance, contract review, and complex organizational transitions. As one of PBP’s most dedicated and trusted volunteers, Kristen exemplifies the organization’s spirit of service . . . Read More