ANNOUNCEMENT: PilieroMazza Forms "COVID-19 Client Response Team," March 18, 2020 -
To address the concerns of our clients and resource partners during and long after the coronavirus pandemic, PilieroMazza created the...more
While the viability of a claim of “constructive demotion” under Title VII of the Civil Rights Act of 1964 (Title VII) has yet to be determined by the Fourth Circuit, a series of cases in district courts within the Circuit...more
NATIVE AMERICAN LAW -
Key Ruling on Native American Sovereign Immunity Stands—for Now -
The Fourth Circuit case Williams v. Big Picture Loans is being hailed as a major victory for Native American sovereign immunity...more
9/20/2019
/ Department of Defense (DOD) ,
Department of Labor (DOL) ,
DFARS ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Pilot Programs ,
Final Rules ,
GAO ,
Interagency Agreement ,
Native American Issues ,
NLRA ,
NLRB ,
OIG ,
OMB ,
SBA ,
Sovereign Immunity ,
Tribal Governments
The Fourth Circuit case Williams v. Big Picture Loans is being hailed as a major victory for Native American sovereign immunity rights. For entities owned by Native American tribes, the case stands as an important ruling for...more
GOVERNMENT CONTRACTING -
The Office of the Under Secretary of Defense released a class deviation, effective immediately, that implements section 1006 of the National Defense Authorization Act for Fiscal Year 2019. The...more
4/1/2019
/ Cybersecurity ,
Defense Contracts ,
Department of Defense (DOD) ,
Department of Labor (DOL) ,
Federal Contractors ,
General Services Administration (GSA) ,
NDAA ,
NLRB ,
Notice of Proposed Rulemaking (NOPR) ,
Personally Identifiable Information ,
Subcontractors ,
Supply Chain ,
Whistleblowers
In a relatively recent decision, the U. S. Court of Appeals for the Fourth Circuit raised the bar a notch for whistleblowers in False Claim Act (“FCA”) cases whose allegations lack specificity as to direct evidence of...more
RULES AND REGULATIONS -
Proposed Rules -
The Small Business Administration (SBA) published a proposed rule amending its regulations and implementing provisions of the NDAAs of 2016 and 2017 as well as the Recovery...more
12/10/2018
/ Arbitration ,
DFARS ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Final Rules ,
General Services Administration (GSA) ,
Mandatory Arbitration Clauses ,
NDAA ,
OFCCP ,
Proposed Amendments ,
Proposed Regulation ,
SBA ,
Small Business ,
Title VII
Catherine Netter, a 19-year employee of the Guilford County, N.C., Sheriff’s Office, believed a disciplinary sanction she received in 2014, which impeded her ability to be promoted, was motivated by discrimination. Netter,...more
A few years ago, we wrote about the likely effect of a case commonly called “Cyberlock” on teaming agreement enforceability in Virginia. Cyberlock Consulting, Inc. v. Info. Experts, Inc., 939 F. Supp. 2d 572, 580 (E.D. Va....more
The topics in the Legal Advisor focus primarily on corporate and business matters, federal contracting, employment law, intellectual property and electronic commerce. We encourage our readers to communicate their views to us...more
The Government Shutdown Top 10: Things You Should Know Before You Send Employees Home -
Ms. Atallah’s blog creates an invaluable list for government contractors to keep in mind should the government shutdown actually come...more
1/22/2018
/ ADEA ,
False Claims Act (FCA) ,
Federal Contractors ,
Federal Funding ,
GAO ,
Government Shutdown ,
SBA ,
Title VII ,
Veterans Administration ,
VOSB ,
Whistleblowers
She was a director of marketing for a drug company who had received a performance improvement plan to address issues related to her relationships with co-workers and supervisors. But she had also raised concerns about the...more
GOVERNMENT CONTRACTS -
Pentagon Task Force’s $675 Million in Contracts to Rebuild Afghanistan Found Wasteful -
According to an article from Government Executive, the Defense Department’s now-defunct business task force...more
1/15/2018
/ Afghanistan ,
Department of Labor (DOL) ,
Department of Veterans Affairs ,
Fair Labor Standards Act (FLSA) ,
False Claims Act (FCA) ,
Federal Acquisition Regulations (FAR) ,
Federal Budget ,
Federal Contractors ,
Internships ,
Self-Certification ,
Sexual Harassment ,
Unpaid Interns
The use of unpaid interns is a common practice across many industries, especially in the D.C. Metro area. And the question recently addressed by the Ninth Circuit is not a new one: under what set of circumstances does an...more
In a recent ruling, the U.S. Court of Appeals for the D.C. Circuit has shed light on the scope of an employee’s right to union representation at an investigatory interview conducted by the employer. The prior case of NLRB v....more
In a recent Memorandum Opinion, T.S. Ellis, III, U. S. District Judge for the Eastern District of Virginia, has ruled that the retaliation provision of the False Claims Act (“FCA”) does not permit a whistleblower plaintiff to...more
In a pair of recent cases, the U.S. Court of Appeals for the 4th Circuit (which hears appeals from the federal courts of Maryland, Virginia, West Virginia, North Carolina and South Carolina) has set forth what will hereafter...more
If your company is facing litigation, especially in high-stakes cases, one of the first questions you and your counsel should address is whether the testimony of an expert witness might be helpful, or even essential, to your...more
The Seventh Amendment to the U. S. Constitution guarantees the right to a trial by jury in most federal court civil cases involving money damages. And while the constitution does not extend this right to the states, most have...more
On October 24, on the eve of its implementation, the U.S. District Court for the Eastern District of Texas issued a nationwide order halting the implementation of the bulk of Executive Order 13673, Fair Pay Safe Workplaces,...more
By Final Rule on August 15, 2016, the Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) updated its sex discrimination guidelines, in an effort to ensure that companies doing business with the...more
A corporate entity is regarded by the law as a “person” for purposes of standing to sue and be sued, but an organization, whether corporation, partnership, governmental organization, or other entity, can act only through its...more
You may recall that, back in July 2014, we advised that the D.C. Circuit Court of Appeals had overturned a D.C. District Court decision in a False Claims Act case that required the results of an internal investigation, which...more
More Small Business Subcontracting Plan Changes: SBA Proposes to Allow Subcontracting Plan Credit for Small Business Subcontractors at any Tier -
Following recent proposed changes to the FAR’s small business...more
11/5/2015
/ Choice-of-Law ,
Comment Period ,
Davis-Bacon Act ,
DCAA ,
DCMA ,
Department of Labor (DOL) ,
Employee Rights ,
Employer Liability Issues ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Government Shutdown ,
Minimum Wage ,
NAICS ,
Prime Contractor ,
Proposed Regulation ,
SBA ,
Sequestration ,
Service Contract Act ,
Small Business ,
Statute of Limitations ,
Subcontractors ,
Wage and Hour
Well done! Through your reasoned approach and powers of persuasion, you have managed to resolve the pending contract dispute on your own, and thus have avoided that costly telephone call to the litigator in your attorneys’...more