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Your Contract May Not Be as Confidential as You Think: Another Lesson in Safeguarding Trade Secrets in Government Procurement

For a second time this year, the Washington Court of Appeals has rejected claims that pricing and other information contained in contracts between private companies and government agencies are trade secrets not subject to...more

The Continuing Far Reach of the False Claims Act

Since 2009, when Congress preserved and expanded the reach of the False Claims Act (“FCA”) through the Fraud Enforcement and Recovery Act (“FERA”), Government contractors have seen a vast increase in FCA lawsuits and...more

Whistleblowers Must Have Independent Knowledge to Actually Blow the Whistle

To bring a valid qui tam action and overcome the so-called “public disclosure bar” under the False Claims Act (“FCA”), a whistleblower must have direct knowledge of the alleged fraudulent activity, independent of already...more

Finally Some Good News: VETS Final Rule Reduces Burden on Federal Contractors

If you are a federal contractor, you may be feeling a bit picked on by the Department of Labor of late. It seems as though every regulatory change increases the burden for federal contractors. But not so with the Final Rule...more

Feds Announce Application Process for Rural Broadband Experiments

On August 19th, the Federal Communications Commission released a public notice detailing the application process for entities interested in participating in the rural broadband experiments. The notice outlines specific...more

7th Circuit Rejects Public-Disclosure Bar in Qui Tam Case

In United States ex rel. Heath v. Wisconsin Bell, Inc., No. 12-3383 (7th Cir. July 28, 2014), the Seventh Circuit grappled with this bar on the use of publicly disclosed information, refusing to apply it in a case involving...more

FCC Initiates Rural Broadband Experiments Program: $100 Million to be Disbursed to Winning Bidders

On July 14, 2014, the Federal Communications Commission (“FCC”) released its latest Connect America Fund Order, which sets forth the parameters of its planned “rural broadband experiments” program. As detailed below, the...more

FCC Allocates $100 Million for Rural Broadband Experiments –Agency Will Reward Providers That Can Deliver Broadband at Speeds up...

On Friday, July 11, 2014 the FCC adopted an order implementing its planned “Rural Broadband Experiments”—a test-case program for disbursing subsidies to competitive providers that can deploy broadband to unserved areas. Our...more

Competitive Providers One Step Closer to Support for Rural Broadband Deployment Following Latest FCC CAF Phase II Order

On Wednesday, June 11, 2014, the Federal Communications Commission (FCC) released its long-awaited order establishing a framework for competitors to obtain broadband subsidies (support) through Phase II of the Connect...more

PilieroMazza Legal Advisor - Second Quarter 2014

In this issue: - Protecting Your Website - The Top Eight Things You Should Know - Securing Corrective Action May Raise Further Challenges - Get in the Ring: Contractors Opposed to the Proposed Extension...more

Affairs of State: When States Are Creditors: Why § 525 Matters and Should Be Expanded

One of the pillars of a debtor’s fresh start is the anti-discrimination provisions of § 525 of the Bankruptcy Code, which codifies the U.S. Supreme Court’s decision in Perez v. Campbell. The Court held that two state statutes...more

Tokyo 2020 Olympic Update: PART 1: Infrastructure Opportuntities

BACKGROUND - On 8 September 2013, Tokyo was chosen as the host city for the 2020 Olympic Games. Tokyo is set to host the Games of the XXXII Olympiad from 25 July - 9 August 2020, and the Paralympic Games from 25 August...more

Mexico announces new transportation and telecommunications investment program

Gerardo Ruiz Esparza, the Mexican Minister of Communications and Transportation, has announced a new Investment Program for Transportation and Telecommunication for fiscal years 2013-2018....more

Consistent With Precedent, FCC Finds Violation of Competitive Bidding Rules Where Price Is Not Primary Factor

In a newly released Order, the FCC upheld a Universal Service Administrative Company finding that a school district had violated the Commission’s competitive bidding rules by failing to weigh price as the primary factor in...more

Contractors: Is Your Company’s Web Site Accessible to Individuals With Disabilities? (OFCCP Thinks It Should Be)

In December, 2011, the Office of Contract Compliance Programs (OFCCP) caused much consternation among the federal contracting community by publishing proposed changes to the affirmative action and nondiscrimination...more

California Attorney General Brings Action Against Standard and Poor’s

On February 5, the Attorney General of California, Kamala D. Harris, filed suit in Superior Court in California against Standard & Poor’s and its parent company, the McGraw Hill Company. The Complaint alleges violations of...more

Second Circuit Vacates Pharmaceutical Misbranding Conviction on Free Speech Grounds

After two years of deliberation, the U.S. Second Circuit Court of Appeals has finally issued its decision in United States v. Caronia, holding that the government cannot prosecute pharmaceutical manufacturers or their...more

Second Circuit Declares Off-Label Promotion Ban Unconstitutional: Implications for False Claims Act Defendants

On December 3, 2012, the United States Court of Appeals for the Second Circuit held that the First Amendment protects pharmaceutical companies who truthfully promote the lawful, off-label use of prescription drugs from...more

2012-13 Education Legislation Summarized By KMTG

In order to have the new 2012-13 education legislation handy, we have combined our series on the subject into one easy to reference location. Here you will find a recap of all the legislation we summarized, along with a link...more

Letters of Intent Binding or Not

Be careful, your Letters of Intent may be binding unless drafted properly. That’s the message from a 2011 case First National Mortgage Co. v. Federal Realty Investment Trust, 631 F.3d 1058 (February 1, 2011). Companies...more

Intelligence Committee Calls for Expansion of CFIUS Jurisdiction

On October 8, 2012, the House Intelligence Committee issued a damning bi-partisan report on what it perceived to be national security risks posed by two Chinese telecommunications companies: Huawei and ZTE. The committee...more

Local Governments Facing Tough Times, Bankruptcy

What do Stockton, San Bernardino and Mammoth Lakes,California have in common? If you were thinking about warm weather, plenty of sunshine and the California lifestyle, you might be right, but that’s not the answer we’re...more

International Entities Need to Start Collection Efforts on Business Debt Early for Best Results

International companies that do business in the U.S. will at one time or another likely encounter a situation where a U.S.-based customer defaults on its debt. In this case, it is important for the international entity to...more

California Manufacturing Growth Spurs Industrial Sector

The US economy may be experiencing slow growth but that doesn’t mean there aren’t positive signs in certain sectors. The industrial sector in California is one area that offers signs of potential future growth. That’s the...more

The Power of the Personal in Building and Maintaining Business Relationships

It’s been said that people do business with people they like and trust. Not with computers or apps or processes they like and trust. People. Technology has been a market-mover for many businesses, making companies...more

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