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How does Justin Starling's former career as an urban planner inform his counsel to real estate developers? Read more>

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On December 1, 2016, Parker Hannifin Corporation and CLARCOR Inc. announced that the companies have entered into a definitive agreement under which Parker will acquire CLARCOR for approximately $4.3 billion in cash, including the assumption of net debt. The transaction has been unanimously approved by the board of directors of each company. Upon closing of the transaction, expected to be completed by or during the first quarter of Parker’s fiscal year 2018, CLARCOR will be combined with Parker’s Filtration Group to form a leading and diverse global filtration business. Bass, Berry & Sims has served CLARCOR as primary corporate and securities counsel for 10 years and served as lead counsel on this transaction. Read more here.

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FCPA: 2016 Year in Review & 2017 Enforcement Predictions

A review of trends and developments in FCPA as well as a look ahead into what to expect for 2017. This report aims at providing corporate leaders and companies with the knowledge they need to comply with the FCPA and avoid litigation in 2017.

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GovCon Blog: Reminder - Senders Beware: Verify Receipt of Email

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May 13, 2015

A recent size appeal at the Small Business Administration (SBA) serves as a good reminder to government contractors to verify actual receipt of email appeals or risk having their protest dismissed as untimely. The SBA recently dismissed a size appeal for this very reason. Size Appeal of Supplies Now, Inc., SBA No. SIZ 5655 (2015) involved a set-aside procurement for office supplies. Supplies Now, Inc. filed an initial size protest against EZ Print Supplies that was deemed untimely and dismissed at the SBA. After receipt of the initial size determination on February 3, 2015, Supplies Now submitted its appeal the Office of Hearings and Appeals (OHA) via email on February 18, 2015. The SBA rules require a size protest appeal be filed within 15 business days after size notification. While the appeal was sent within the 15 day time period, OHA never actually received the appeal. In order for an appeal to be considered "filed" it must actually be received by OHA. Furthermore, Supplies Now, waited weeks to contact OHA after receiving no response during that period. An acknowledgement from the email system was deemed insufficient. SBA reiterated that an appeal is not considered filed until it is actually received, and while email is a permissive method of delivery, "the sender is responsible for ensuring a successful, virus-free transmission." For those reasons OHA dismissed the appeal as untimely.

This case serves as an important reminder to those who wish to file a size protest or size appeal via email. Given OHA has no discretion to extend or waive the deadline, it is imperative to ensure your appeal is actually received. In the Supplies Now decision, OHA even encourages senders to contact OHA to verify receipt.

Read more about government contracts on www.bassberrygovcon.com.


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