Ambika Biggs

Ambika Biggs

PilieroMazza PLLC

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Latest Publications


Is Mediation Right for Your Dispute?

You’ve probably heard that few cases that are filed in court actually are resolved by a trial. Although reported statistics vary, most depict that upwards of 90 percent of litigation results in a pre-trial settlement. These...more

3/20/2017 - American Arbitration Association Arbitration Dispute Resolution Mediation

2016 Saw Rise in False Claims Act Actions and Recoveries

The U.S. government and whistleblowers brought an increased number of False Claims Act (“FCA”) cases – as well recovered a larger amount in settlements and judgements – in the fiscal year 2016, as compared to 2015. In 2016,...more

2/13/2017 - DOJ False Claims Act (FCA) Qui Tam Whistleblowers

Considerations When Choosing a Mentor or Protege Under the SBAs Programs - Set-Aside Alert

When the U.S. Small Business Administration amends its regulations in August 2016 to establish a mentor-protégé program for all small businesses, it included provisions that limit the number of mentors a small business can...more

11/25/2016 - Mentor-Protege Program SBA Set-Asides Small Business

PilieroMazza Legal Advisor - Fourth Quarter

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

10/31/2016 - Corporate Officers Fair Pay and Safe Workplaces Federal Acquisition Regulations (FAR) Federal Contractors SBA Small Business

Fair Pay Safe Workplaces Halted But Not Dead

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

10/28/2016 - ADA ADEA Civil Rights Act DOL Executive Orders Fair Pay and Safe Workplaces Federal Acquisition Regulations (FAR) Federal Contractors FLSA Labor Law Violations NLRA OSHA Reporting Requirements Title VII

DOJ Doubles Penalties for Violation of the False Claims Act

The Department of Justice (“DOJ”) has issued an interim final rule that dramatically increases the dollar amount for civil penalties that can be assessed against an entity or individual who violates the False Claims Act...more

8/19/2016 - Bipartisan Budget Act Civil Monetary Penalty Comment Period DOJ False Claims Act (FCA) Inflation Adjustments Interim Rule

No Advance Notice is Required to Terminate At-Will Employment in Virginia

On June 2, 2016, the Virginia Supreme Court resolved a split among the lower courts and the federal district courts in Virginia regarding the notice employers are required to provide at-will employees prior to terminating...more

6/14/2016 - Advance Notice At-Will Employment Corporate Counsel Hiring & Firing Termination Wrongful Termination

Drafting Indemnification Provisions to Address Common Issues

Corporate bylaws and operating agreements often contain provisions that provide for indemnification to directors, officers and in some cases employees and agents who become parties to litigation, arbitration or investigations...more

5/16/2016 - Bad Faith Boilerplate Language Delaware Limited Liability Company Act Directors Indemnification Indemnification Clauses

PilieroMazza Legal Advisor - Second Quarter 2016

Government Contracting - LESSONS LEARNED FROM PROTESTS INVOLVING “LATE” PROPOSALS - Most, if not all, proposals for government contracts are submitted electronically, whether by email or through a third...more

5/4/2016 - Bid Protests Commercial Leases Contract Negotiations False Claims Act (FCA) Federal Contractors GAO Implied Certification NAICS SBA

Key Employment Issues Affecting Tribal Entites

Overview - Sovereign immunity - - Background - 8(a) waiver - Indemnification - Labor and employment issues - Statutes of general applicability - Commercial v. governmental activity ...more

4/21/2016 - Jurisdiction Michigan v Bay Mills Indian Cmty Native American Issues Sovereign Immunity Tribal Corporations

U.S. Supreme Court’s Upcoming Ruling on False Claims Act Case May Have Major Impact on Government Contractors

The U.S. Supreme Court is set to hear oral arguments next month in a False Claims Act (“FCA”) case that could significantly broaden the scope of the statute and resolve a split among the U.S. Circuit Courts. If the Supreme...more

3/23/2016 - Corporate Counsel False Claims Act (FCA) False Implied Certification Theory Federal Contractors Reimbursements SCOTUS Split of Authority Treble Damages Universal Health Services Inc v United States ex rel Escobar Unlicensed Medical Providers

Proposed Changes to Federal Rules of Civil Procedure for ESI

With the widespread use of electronic communication methods, discovery is often the most onerous, time-consuming and costly aspects of litigation. Case law has established that a party has a duty to preserve information when...more

10/7/2015 - Adverse Inference Instructions Bad Faith Discovery Electronically Stored Information Federal Rules of Civil Procedure Prejudice Record Preservation Rule 37 Sanctions

PilieroMazza Legal Advisor - Third Quarter 2015

NOW’S THE TIME FOR SBA TO EXPAND WOSB-ELIGIBLE INDUSTRIES - On May 1, 2015, the U.S. Small Business Administration issued a proposed rule to amend its regulations to implement Section 825 of the National Defense...more

8/3/2015 - Contract Drafting Contractor Audits Federal Contractors Liquidated Damages NDAA OIG Proposed Amendments SBA Small Business WOSB

Drafting Valid Damages Provisions in Settlement Agreements

Often thought of as a formality that should take minimal effort and expense to prepare, the drafting of the settlement agreement can quickly turn into a “devil in the details” scenario. One or more of the parties to the...more

7/13/2015 - Contract Drafting Damages Liquidated Damages Non-Disparagement Provisions Remedies Settlement Agreements Stipulations

Qui Tam Actions on the Rise, but they Fall Short When the DOJ Does Not Intervene

The number of qui tam actions–lawsuits brought by whistleblowers on behalf of the United States–has increased in recent years, more than doubling from 2003 to 2013. ...more

5/11/2015 - DOJ False Claims Act (FCA) Government Investigations Qui Tam Whistleblowers

Protecting an LLC From A Wayward Member While Maintaining SBA Eligibility

When creating a limited liability company (“LLC”), members are often so concerned with getting the company established–and anticipating problems that may arise with third parties, be it suppliers or customers–that they fail...more

3/9/2015 - Federal Contractors Limited Liability Company (LLC) Members RULLCA SBA

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