Weekly Update for Government Contractors and Commercial Businesses – February 10, 2021

If you have questions concerning the content below, please visit this link . WEBINAR: Risk Prevention Strategies: Avoiding Costly FLSA Missteps, February 24, 2021, Nichole Atallah  and  Matt Feinberg . Read more here . 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 .” Contact covid19@pilieromazza.com for immediate assistance. BUSINESS & TRANSACTIONS Federal Trade Commission Updates HSR Thresholds, February 4, 2021, David Shafer The Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (HSR) requires that certain mergers, acquisitions, and joint ventures . . . Read More

The First 100 Days: President Biden’s Plan to Secure a Sustainable Public Health Supply Chain, 3 Tips for Government Contractors

In November, we published a post on potential Biden administration use of the Defense Production Act of 1950 (DPA) in response to the COVID-19 pandemic. In his first week in office, President Biden invoked the DPA and signed an executive order to secure a sustainable public health supply chain. The executive order gives insight into how the Biden administration may use the DPA going forward. The following explains the Biden administration’s goals for pandemic preparedness and potential DPA use and identifies . . . Read More

Protecting Your Company Against Revenue Clawbacks: Preference Actions (Part 2 of 3)

This is part two of our three-part series on revenue clawbacks. Once again, the scenario: a customer goes bankrupt, and then they (or a trustee) demand you return money you were already paid for services or goods duly rendered. In this three-part series, we discuss strategies for protecting your company against these revenue “clawbacks” and how to implement these strategies before and after a customer’s or teaming partner’s bankruptcy filing. In part one , we discussed the definition of preferences and the . . . Read More

Maryland Essential Workers’ Protection Act: How It May Impact Maryland Employers

Although many employers have taken discretionary measures to protect essential employees, there are currently few mandated health and safety requirements at the federal or state level. On January 20, 2021, the Maryland General Assembly’s Senate and House of Delegates introduced the Maryland Essential Workers’ Protection Act . With the bill, Maryland is now considering joining the growing group of states that are imposing requirements on employers who employ essential workers or require employees to work on-site. If passed, it would require employers who employ “essential . . . Read More

Federal Trade Commission Updates HSR Thresholds

The Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (HSR Act) requires that certain mergers, acquisitions, and joint ventures be cleared by the Federal Trade Commission (FTC) and the Antitrust Division of the Department of Justice (DOJ) if they exceed certain valuation and monetary thresholds. If your transaction exceeds the HSR thresholds, and therefore requires antitrust scrutiny, this can materially alter the structure and timing of the proposed transaction. Pursuant to the HSR Act, the FTC is required annually to . . . Read More

Weekly Update for Government Contractors and Commercial Businesses – February 4, 2021

If you have questions concerning the content below, please visit this link . WEBINAR: Risk Prevention Strategies: Avoiding Costly FLSA Missteps, February 24, 2021, Nichole Atallah  and  Matt Feinberg . Read more here . 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 .” Contact covid19@pilieromazza.com for immediate assistance. Native American Law & Tribal Advocacy The First 100 Days: President Biden Signs Memo on Tribal Consultation and Strengthening Nation-to-Nation Relationships, February 4, 2021, Tony Franco Last week, President Biden signed a  Memorandum on Tribal Consultation and Strengthening Nation-to-Nation Relationships . In the . . . Read More

The First 100 Days: President Biden Signs Memo on Tribal Consultation and Strengthening Nation-to-Nation Relationships

Last week, President Biden signed a Memorandum on Tribal Consultation and Strengthening Nation-to-Nation Relationships . In the memorandum, President Biden says “It is a priority of my Administration to make respect for Tribal sovereignty and self-governance, commitment to fulfilling Federal trust and treaty responsibilities to Tribal Nations, and regular, meaningful, and robust consultation with Tribal Nations cornerstones of Federal Indian policy.” The memo also reaffirms Executive Order 13175 , which “charges all executive departments and agencies with engaging in regular, meaningful, and robust consultation with Tribal officials in the development of . . . Read More

How Government Contractors Should Prepare for Biden’s Mask-Wearing Mandate

On his first day in office, President Biden signed Executive Order on Protecting the Federal Workforce and Requiring Mask-Wearing (EO), which requires federal agencies to issue guidance that complies with the Center for Disease Control’s (CDC) recommended public health measures for combatting COVID-19, such as physical distancing and mask-wearing. On January 24, 2021, the Office of Management and Budget (OMB), in accordance with the EO, issued a memorandum to assist agencies in preparing their COVID-19 workplace safety plans, and they will have until January 29, 2021, to submit their drafts to the OMB for review. . . . Read More

Weekly Update for Government Contractors and Commercial Businesses – January 27, 2021

If you have questions concerning the content below, please visit this link . WEBINAR: COVID-19 Relief in 2021: What Small Businesses Need to Know, February 2, 2021,  Cy AlbaNichole Atallah , and  Kathryn Hickey . Read more  here . WEBINAR: Risk Prevention Strategies: Avoiding Costly FLSA Missteps, February 24, 2021, Nichole Atallah  and  Matt Feinberg . Read more here . 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 .” Contact covid19@pilieromazza.com for immediate assistance. LITIGATION & DISPUTE RESOLUTION DOJ Announces FY 2020 Fraud and . . . Read More

Law360 Quotes Matt Feinberg on Anticipated Surge in FCA Litigation for 2021

False Claims Act recoveries were modest overall in 2020, but the relatively calm year seeded the clouds for a stormy 2021 by generating tremendous government spending on pandemic relief, a record number of new cases and a potentially game-changing decision in a closely watched area of Medicare fraud litigation. . . . Even if FCA settlements took longer to finalize because DOJ attorneys were working from home, it doesn’t mean they were twiddling their thumbs while waiting to hear back . . . Read More