Government Contracting Business Organization Mergers & Acquisitions

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What You Need to Know About Mergers and Acquisitions Involving Government Contractors and Their Suppliers: Volume X – Accounting...

Volume X – Accounting for the Cost of Business Combinations Under Government Contracts - Mergers and acquisitions create additional costs and complex accounting issues for government contractors. There are fees for...more

What You Need to Know About Mergers and Acquisitions Involving Government Contractors and Their Suppliers: Volume IX –...

Last month, we discussed the extent to which a foreign buyer can introduce an unacceptable level of foreign ownership, control, or influence (“FOCI”) that, absent mitigation, will render the target ineligible for the facility...more

The SBA’s Two New Recertification Rules

The Small Business Administration (“SBA”) has issued two more regulations that will require that small businesses recertify their size when they engage in a merger and/or acquisition (“M&A”). The regulations, published in...more

PilieroMazza Legal Advisor - Third Quarter

GOVERNMENT CONTRACTING - Category Management: What Contractors Need to Know - In December 2014, the Office of Management and Budget (OMB) announced a new initiative called Category Management. This policy could...more

Size Recertification Now Required for Pending Proposals After M&A - Set-Aside Alert

Effective June 30, 2016, the SBA has implemented a final rule regarding the subcontracting limitation requirements mandated by the National Defense Authorization Act of 2013. Please see full Alert below for more...more

What You Need to Know About Mergers and Acquisitions Involving Government Contractors and Their Suppliers: Volume VII—Investing in...

Numerous government contracts programs support small businesses. There are prime contracts set aside for various categories of small business entities. Agencies have small business contracting goals and take them very...more

What You Need to Know About Mergers and Acquisitions Involving Government Contractors and Their Suppliers: Volume VI...

An organizational conflict of interest (“OCI”) arises when the performance of one contract undermines a contractor’s objectivity or creates an unfair competitive advantage with respect to another contract. An agency cannot...more

What You Need to Know About Mergers and Acquisitions Involving Government Contractors and Their Suppliers: Volume V—The Land Mines...

M&A transactions, like most transactions in life, involve a cost/benefit analysis. Some cost/benefit analyses are relatively easy to perform. For example, if I buy an energy efficient appliance, I can calculate the likely...more

What You Need to Know About Mergers and Acquisitions Involving Government Contractors and Their Suppliers: Volume 4 – Key Issues...

This posting is the fourth in our ten-part series on unique issues that arise in connection with mergers and acquisitions involving government contractors and subcontractors. Parts 1 through 3 focused on the structure of the...more

Ninth Circuit Denies Medicare Payments in Assets-Only Purchase Without Assignment of Provider Agreement

On April 11, 2016, the Ninth Circuit Court of Appeals ruled that a hospital was not entitled to Medicare payments in an assets-only purchase until the Buyer enrolled in the Medicare program because it did not accept the...more

In the Global Trenches: Brazil’s Business Culture & Getting Things Done

Brazil is once again at the forefront of news. Ongoing corruption scandals plague the highest echelons of leadership. Impeachment hearings threaten the stability of the largest economy in South America....more

Demands For Broader Disclosure Of Corporate Affiliations: Federal Contractors Subject To Yet Another Public Disclosure Rule

The trend toward increasing disclosure obligations as a condition of doing business with the federal government continues, as a new rule that goes into effect on April 6, 2016, will require contractors to publicly disclose...more

What You Need to Know About Mergers and Acquisitions Involving Government Contractors and Their Suppliers: Volume 3—What Happens...

Thus far in this ten-part series, we have discussed whether and how existing contracts with the Government can be transferred to the buyer or surviving entity when an acquisition, merger, or consolidation occurs. Today, we...more

PilieroMazza Legal Advisor - First Quarter 2016

Business & Corporate Law - REGULATORY ISSUES FOR ACQUISITIONS OF GOVERNMENT CONTRACTS BY NON-U.S. BUYERS - With the uptick in M&A transactions for government contractors, we have seen an increase in cross border...more

Five Things That Shouldn’t Keep You From Buying or Selling a Company

There may be several reasons holding you back from buying another company or from selling your own business. However, there’s a new normal in the government contracting space. With increased competition for work, a tight...more

Could Your Employees Be Eligible for FMLA Leave on Their First Day of Work? The Answer Could Be Yes

It would be easy for employers to assume that they need not worry about an employee’s eligibility for Family and Medical Leave Act (“FMLA”) leave until at least one year has passed since the employee began working for the...more

Buying Someone Else's Headache – Top Five Supply Chain Pitfalls to Consider When Expanding Through Acquisition

As the economic recovery continues to pick up steam, manufacturers are looking to grow their capacity and expand their markets. Many manufacturers choose to expand their horizons by acquiring smaller companies or merging with...more

A Cautionary Tale for Small and Large Businesses in a Mentor-Protégé Relationship: Size Appeal Of Kisan-Pike

On November 24, 2014 the Small Business Administration (“SBA”) Office of Hearings and Appeals (“OHA”) found that a mentor-protégé joint venture agreement between Kisan Engineering Company P.C. (“Kisan”), a small 8(a)...more

Shifting Sands In Canadian Anti-Bribery And Trade Control Laws Raise The Stakes In M&A Due Diligence

Recent developments in Canadian anti-corruption, economic sanctions, and export control laws are having a significant impact on the due diligence that should be conducted on potential targets in the context of mergers and...more

Will the Bitcoin Become a New Tax Evasion Tool?

Will the Bitcoin Become a New Tax Evasion Tool? by Joseph M. Donegan on August 19, 2013 Bitcoins, a controversial but highly popular global digital currency, is being used by more consumers to make several types of...more

TUPE Update (ELG Conference 1 June 2012)

Notes to accompany slides for TUPE presentation at ELG Conference on 1 June 2012. Paper provides an update on the most recent TUPE cases particularly in relation to cases on service provision change (what is an activity,...more

Remote Control - Anti Corruption Laws Toughen Up for Businesses in China

The lesson for all companies conducting operations in China, especially if affiliates or subsidiaries of US or UK headquartered companies, is that detailed compliance programmes will need to be instituted. Regulatory...more

The Future of Oil & Gas Regulations in the U.S.

The unrest currently taking place in the Middle East, along with the resulting sharp increase in world oil prices, illustrates just how dependent the U.S. has become on foreign oil imports. A generation ago, the U.S. imported...more

Compliance in Brazil: Current and Future Perspectives

Compliance in Brazil: Current and Future Perspectives...more

A Guide to the Bribery Act 2010: What it means for UK Businesses

The new Bribery Act 2010 is due to come in to force in April 2011. The Act is intended as a wholesale reform of the old bribery laws which were a complicated and confusing combination of statutory and common law offences from...more

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