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Government Contracts: Alert - November 12, 2009

On November 30, 2009, the Supreme Court will hear oral argument in Graham County Soil & Water Conservation District v. United States ex rel. Wilson, a qui tam action brought under the False Claims Act (FCA) and appealed from a Fourth Circuit decision. The Court will use the case to resolve a split among the circuits over the scope of the FCA's "public disclosure" bar. A decision affirming the Fourth Circuit could increase qui tam litigation against any organization that does business with, or receives federal money through, federal, state and local governmental entities – and would further expand the reach of the FCA to any state or local program involving the use of federal funds.

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Articles & White Papers

Maximizing Values in Middle Market M&A: Creative Strategies for Employee Retention
 

Bloomberg Corporate Law Journal

May 15, 2009
 
Adam August - Northern Virginia
Michael Mannix- Northern Virginia

The due diligence team on the buyer-side in most middle market M&A transactions is tasked with analyzing tremendous amounts of data to measure the risks and returns of contractual terms. One of the risks involved is losing key employees in the midst of acquiring the target. Mr. Mannix and Mr. August explain that such losses can be damaging, from loss of institutional knowledge in the area, to low morale among remaining employees, and deterioration of customer relations. To avoid such casualties, buyers can consider creative methods for employee retention during M&A transactions.

READ: Maximizing Values in Middle Market M&A: Creative Strategies for Employee Retention

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