Mergers & Acquisitions Government Contracting

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Orthopedic Patient Doesn’t Have a Leg to Stand On

It’s well known that Medicare, Medicaid and commercial insurers hate the ever-increasing trend of hospitals buying facilities and practices and then charging provider-based (i.e., higher) rates than the facilities and...more

PilieroMazza Legal Advisor - Fourth Quarter

In this issue: - Court of Federal Claims Invalidates Key Component of the SBA’s Nonmanufacturer Rule - At the Crossroads of M&A and Government Contracts – The Novation Process - What Every Business Owner...more

Distress in the Defense Industry: Opportunities and Obstacles

The U.S. defense industry is facing a new battle – financial distress. Withdrawal of U.S. forces from Afghanistan and Iraq combined with reductions in the defense budget and sequestration have taken a toll on many U.S....more

Corporate acquisitions involving government contractors: DOD codifies significant security clearance-related risk

The US Department of Defense has published an Interim Final Rule assigning responsibilities and establishing requirements related to the National Industrial Security Program (NISP). See 79 Fed. Reg. 19467....more

Successful Planning and Exit Strategies for Government Contractors in 2014 and Beyond

In this presentation: - Federal Market Overview and M&A Trends II - Value Creation Strategies - Introduction to Aronson Capital Partners - Excerpt from Value Creation Strategies: - Key contracts are 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

Federal IT Acquisition Policy Recommendations Focus on Cybersecurity

The Department of Defense and the General Services Administration, which together spend more than $500 billion annually on information technology, have released a joint report to the White House recommending steps to upgrade...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

Sixth Circuit in MedQuest: No FCA Liability for Violation of Medicare Conditions of Participation Without Violation of Conditions...

On April 1, 2013, the U.S. Court of Appeals for the Sixth Circuit overturned an $11.1 million False Claims Act (FCA) judgment by the U.S. District Court for the Middle District of Tennessee against MedQuest Associates, Inc.,...more

NDAA Imposes New Requirements and Restrictions for Defense Contractors

How will the FY 2013 National Defense Authorization Act impact your business as a government contractor? The recently passed National Defense Authorization Act for Fiscal Year 2013 ("NDAA") includes a number of...more

FAA's ODRA Sustains Protest of Sole Source Award

In a recent decision, the Federal Aviation Administration's ("FAA") Office of Dispute Resolution for Acquisition ("ODRA") sustained a protest challenging the intent to award single source contract because, according to ODRA,...more

Legal Byte: Busted! if you “approve as to form & content?”

After negotiating an agreement for his client John, Attorney signs the agreement at the end stating that the agreement is “approved as to form and content.” A dispute arises between John and the other party, Mike. Now Mike...more

New FAR Clause Establishes Minimum Data Security Requirements for Federal Contractors

With Congress unable to pass cybersecurity legislation by the August recess, the executive agencies are proceeding to regulate government contractors with access to government information. Specifically, on August 24, 2012,...more

The Mid-90s Commercial Item Reforms: Turning Back the Clock?

Originally published in Federal Contracts Report, 98 FCR 210 on 08/14/2012. The mid-90s were a watershed for the federal procurement system. The Federal Acquisition Streamlining Act of 1994 (FASA) and the Clinger-Cohen...more

Transferring quarry and mining rights in the Democratic Republic of Congo [DRC]

The mining code of the Democratic Republic of Congo [DRC] provides for a possibility of leasing and assigning mining and quarry rights. Since mining and quarry rights, as expressed in mining and quarry permits, are real and...more

Small Business Administration Proposes to Expand Recertification Requirement in Mergers and Acquisitions

On May 16, 2012, the U.S. Small Business Administration (SBA) issued a lengthy set of proposed regulations implementing various sections of the Small Business Jobs Act of 2010....more

BRG GovCon Research Report: April — June 2012

In This Issue: • Federal Acquisition Regulation (FAR) updates • Defense FAR Supplemental (DFARS) updates • Industry topics ..Defense Contract Audit Agency (DCAA) Audit Guidance...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

An Early Start of Specialized Due Diligence Is Key to Successful M&A Transactions Involving Government Contractors

My colleagues and I have published an article on unique challenges to mergers and acquisitions involving Federal Government contractors....more

Proposed FAR Rule: A New Regulatory Framework For Organizational Conflicts Of Interest And Unequal Access To Nonpublic Information

On April 26, 2011, the Department of Defense (“DoD”), General Services Administration (“GSA”), and National Aeronautics and Space administration (“NASA”) published a proposed rule to amend the Federal Acquisition Regulation...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

Evaluating FOCI In The Context Of An M&A Transaction

We all now realize that, contrary to the pronouncements of certain pundits, the world is not economically flat. But it is undeniable that its citizens and businesses are more economically connected than ever before. One...more

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