U.S. Treasury Issues Guidance on CFIUS Enforcement and Penalties

On October 20, 2022, the U.S. Department of the Treasury (Treasury) released the Committee on Foreign Investment in the United States (CFIUS or the Committee) Enforcement and Penalty Guidelines (the Guidelines ). The Guidelines describe (1) three categories of conduct that may constitute as CFIUS violations, (2) the Committee’s process for imposing penalties, and (3) factors the Committee considers when determining whether a penalty is warranted and the scope of such penalty. Since this is the first time the Treasury released . . . Read More

Weekly Update for Government Contractors and Commercial Businesses – October 27, 2022

If you have questions concerning the content below, please visit this link . Upcoming Events: Register to attend PilieroMazza’s upcoming events here . Recent Thought Leadership: Check out PilieroMazza’s recent client alerts and blogs here . GovCon Live! Podcast: Listen to PilieroMazza’s Podcast Series “Commercial Businesses New to Government Contracting” here .   GOVERNMENT CONTRACTS SBA Proposes Revisions to Ownership and Control Requirements for the 8(a) Business Development Program, 10.24.22, Meghan Leemon As PilieroMazza noted recently here , the Small Business Administration (SBA) released a major proposed rulemaking that . . . Read More

Prohibition on Use or Delivery of Chinese Telecommunications and Video Surveillance Products and Services: The Potential Link Between Section 889 of the 2019 NDAA and Section 1260H of the 2021 NDAA

Over the past few days, PilieroMazza received a number of inquiries related to our recent posting entitled DOD Releases New List of Section 889 Banned Entities . In that post, we discussed how DOD recently released a new list of entities determined by DOD to be deemed “Chinese Military Companies.” This release was not made under Section 889 of the 2019 NDAA but instead under Section 1260H of the 2021 National Defense Authorization Act (NDAA). This caused confusion related to the potential intersection of the two laws and whether one . . . Read More

SBA Proposes Revisions to Ownership and Control Requirements for the 8(a) Business Development Program

As PilieroMazza noted recently here , the Small Business Administration (SBA) released a major proposed rulemaking that will impact government contractors, primarily those that are participants in the 8(a) Business Development Program. PilieroMazza has posted a series of blogs regarding SBA’s proposed rulemaking, and this client alert highlights some of the proposed changes that pertain specifically to the 8(a) Program. Ownership and Control As you may be aware, there are certain ownership restrictions on an 8(a) firm. One of the restrictions . . . Read More

Weekly Update for Government Contractors and Commercial Businesses – October 19, 2022

If you have questions concerning the content below, please visit this link . Upcoming Events: Register to attend PilieroMazza’s upcoming events here . Recent Thought Leadership: Check out PilieroMazza’s recent client alerts and blogs here . GovCon Live! Podcast: Listen to PilieroMazza’s Podcast Series “Commercial Businesses New to Government Contracting” here .   GOVERNMENT CONTRACTS Overcoming the Inflation Crisis: The Ins-and-Outs of Extraordinary Contractual Relief for Government Contractors, 10.13.22, Kevin Barnett and Lauren Brier An all-but-forgotten remedy in government contracting, Extraordinary Contractual Relief (ECR) , is in the midst of a potential resurgence due . . . Read More

Potential Changes on the Horizon for DOT’s Disadvantaged Business Enterprise Program

The Department of Transportation’s (DOT) Disadvantaged Business Enterprise (DBE) Program is in the midst of a major overhaul that would update, streamline, and clarify existing rules, strengthen implementation, and increase reporting requirements. The DOT’s DBE Program allows small businesses owned by socially and economically disadvantaged individuals to tap into billions of dollars’ worth of contracting opportunities issued at the state and local level through federally-funded infrastructure projects. On July 21, 2022, DOT issued a notice of proposed rulemaking (Rule) which presents the biggest potential . . . Read More

Overcoming the Inflation Crisis: The Ins-and-Outs of Extraordinary Contractual Relief for Government Contractors

An all-but-forgotten remedy in government contracting, Extraordinary Contractual Relief (ECR) , is in the midst of a potential resurgence due to the Department of Defense’s (DOD) most recent memorandum on inflation entitled Managing the Effects of Inflation with Existing ContractsAs PilieroMazza previously discussed , the current inflation crisis prompted DOD to suggest that, subject to the availability of funds, contractors should seek ECR when seeking an upward adjustment to the price of an existing firm-fixed-price contract. If you are a government contractor impacted by inflation while performing a contract, see below for the ins‑and‑outs . . . Read More

Weekly Update for Government Contractors and Commercial Businesses – October 13, 2022

If you have questions concerning the content below, please visit this link . Upcoming Events: Register to attend PilieroMazza’s upcoming events here . Recent Thought Leadership: Check out PilieroMazza’s recent client alerts and blogs here . GovCon Live! Podcast: Listen to PilieroMazza’s Podcast Series “Commercial Businesses New to Government Contracting” here .   LITIGATION & DISPUTE RESOLUTION PilieroMazza Litigator Matt Feinberg Earns $3.5 Million Verdict in Jury Trial Alleging Misappropriation of Company Profits, 10.11.22, Matt Feinberg On September 29, 2022, after four days of trial proceedings, the U.S. District Court . . . Read More

Disloyal Employees: Disgorgement Offers Employers Some Reprieve

In many states, employees owe a duty of loyalty to their employer as long as they remain on the employer’s payroll. In other words, employees must generally act in the best interests of their employer—and not solely for their own self-interest—throughout the course of their employment. This is particularly the case for employees serving in management- or supervisory-level roles or where the employee has access to the employer’s confidential information, trade secrets, or “secret sauce.” But what can an employer . . . Read More

PilieroMazza Litigator Matt Feinberg Earns $3.5 Million Verdict in Jury Trial Alleging Misappropriation of Company Profits

On September 29, 2022, after four days of trial proceedings, the U.S. District Court for the District of South Carolina entered a judgment on a jury verdict totaling $3,496,995 on behalf of PilieroMazza ’s client, a government contractor providing construction management services for federal customers (Prime Contractor). Led by trial counsel Matt Feinberg , the jury verdict was the culmination of four years of complex, painstaking work by attorneys in the Firm’s Litigation & Dispute Resolution , Labor & Employment , and Government Contracts practice groups. Commenting on the verdict, Matt stated: . . . Read More