Blogs

Business and Financial Services

The SBA’s 8(a) Program: Interim Guidance, Future Directions, and The Promise of Economic Growth

Following the U.S. District Court for the Eastern District of Tennessee’s recent decision, which impacts the 8(a) Business Development Program’s administration criteria, the Small Business Administration (SBA) released interim guidelines. The challenge now facing the program lies in ensuring that eligibility criteria remain true to its mission while adhering to the court’s mandate. Navigating the…

August 28, 2023

Business and Financial Services

Representations and Warranties in M&A Transactions: Minimizing Risks and Maximizing Deal Value

In the world of mergers and acquisitions (M&A), representations and warranties are the backbone of a successful transaction. They are designed to protect both the buyer and the seller by allocating risks and ensuring that the deal value is maximized. In this blog post, we will explore the importance of representations and warranties in M&A…

May 18, 2023

Business and Financial Services

HUBZone Compliance, Protests, and Affiliates

What Happens if my Employees Move Out of a HUBZone After Certification? What Happens If my Business Merges with Another Company? Once certified, a HUBZone contractor must monitor the residences of its employees to ensure compliance with the Small Business Administration (SBA)’s regulations. Because employees move – and not necessarily with the approval of their…

March 9, 2022

Business and Financial Services

Becoming and Maintaining a HUBZone Certification

Updated January 31, 2024 Becoming HUBZone Certified: Background Intended to fuel small business growth in historically underutilized geographic areas, the government set a goal of awarding at least 3% of federal contract dollars to Historically Underutilized Business Zone (HUBZone) certified companies that operate and employ residents of those areas each year. The program is beneficial…

February 23, 2022

Business and Financial Services

COVID Impact on GovCon Deals in 2020

This year has been fraught with global health concerns for everyone and financial burdens on businesses and individuals. But, has the government contracting space been impacted as well or is it business as usual? According to data reported on mergr.com, the number of closed mergers and acquisitions deals in the government contracting industry in the…

July 20, 2020

Business and Financial Services

Virginia Employers: Are Your Non-Competes Enforceable?

Restrictive covenants continue to be among the most hotly contested employment law issues in Virginia. Non-solicitation and non-competition clauses are fundamentally important to a business like yours. Drafted well, they provide your company with significant legal protections against a key employee usurping the sales opportunities and client relationships developed while in your employ to start a competing business or to provide an unfair advantage to one of your competitors. However, Virginia…

August 1, 2018

Employment Law

Employment Law Under the Trump Administration

Like it or not, Donald Trump is the 45th President of the United States of America. Now that the initial shock has worn off, it’s time to evaluate how federal employment laws, regulations, and enforcement may shift under the Trump Administration. While President Trump has not spoken at length regarding employment law since taking office,…

April 10, 2017

Employment Law

President Obama to Order Paid Sick Leave for Federal Contract Workers

Federal contractors take notice: on Labor Day 2015, in a display of solidarity with workers and organized labor, President Barack Obama signed an executive order requiring paid sick leave for employees of federal government contractors. By some estimates, the executive order is likely to affect more than 300,000 employees of federal contractors who presently receive…

September 9, 2015

Bankruptcy, Restructuring and Creditors’ Rights

Bankruptcy and Government Contractors

Government contractors that enter bankruptcy face a different set of risks than ordinary commercial debtors because the value of the business often depends on preserving existing federal contracts and eligibility for future awards. In this Bean, Kinney & Korman article published in the BKK Business Law Newsletter, Andrea Campbell Davison explains that Section 525(a) of the Bankruptcy Code can limit government discrimination based solely on bankruptcy status, but those protections are narrow in…

November 1, 2013

Business and Financial Services

Non-Competition Agreements and Independent Contractors

Virginia courts traditionally analyze non-competition agreements in the employment context, but cases involving independent contractors raise additional questions because the parties are not in a typical employer-employee relationship. In this Bean, Kinney & Korman article published in the BKK Business Law Newsletter, James V. Irving explains that Virginia courts in 2011 enforced several non-compete agreements against independent contractors where the restrictions were narrow, reasonable, and…

September 1, 2011