Businesses & Corporations
Contracts, Agreements & Commercial Transactions
Federal Government Contracting
Buying & Selling Businesses
Mergers & Acquisitions
Venture Capital For Startups
Venture Capital for Growth
Joint Ventures & Strategic Alliances
Mr. Pendergrass practices primarily in the areas of mergers and acquisitions, corporate and business law, health-care law, and federal government contracts. He has extensive experience in complex transactions involving health-care industries and aerospace, defense, and other government contractors.
Mr. Pendergrass regularly advises hospitals, physicians, and other health-care providers about regulatory compliance, such as the Health Insurance Portability and Accountability Act (HIPAA), and fraud and abuse issues, such as the Stark Law and the Anti-Kickback Statute. He represents health-care providers in complex transactions, such as ambulatory surgery centers, formation and reorganization, hospital-physician joint ventures, and other arrangements involving radiation therapy, sleep laboratories, and orthopedic-sports therapy; the acquisition, development, and leasing of medical and physician office buildings; and the acquisition and divestitures of home health agencies.
Mr. Pendergrass regularly advises government contractors about issues involving the Federal Acquisition Regulation (FAR), the Department of Defense Federal Acquisition Regulation Supplement (DFARS), Section 8(a) program, small disadvantaged business (SDB) program, the women-owned business (WOSB) program, the service-disabled, veteran-owned small (SDVOSB) business program, and the veteran-owned small business (VOSB) program. In addition, he has experience in teaming agreements, subcontracting issues, affiliation issues, joint ventures, and organizational conflicts of interest (OCI). He has successfully prosecuted requests for equitable adjustments (REAs) and claims under the Contract Dispute Act.
Mr. Pendergrass represents emerging and start-up companies in venture capital and other private equity transactions. He has experience in negotiating and preparing merger and acquisition agreements and related transaction documents; stock-purchase agreements; asset-purchase agreements; organizational documents for corporations and limited liability companies (LLCs); shareholder agreements; financing agreements; non-competition, non-disclosure, and confidentiality agreements; employment agreements; employee handbooks; and employee severance agreements. Mr. Pendergrass also has experience litigating business and minority-shareholder disputes and commercial and contractual transactions.
- “Discovery and Claims Alleging Police Misconduct,” For the Defense, June 2003 (with George W. Royer).
- “Unitary Status: A New Wave of Litigation,” Alabama School Boards, August 1999 (with J. Russell Gibson, III).
- “The Real Estate Consumer’s Agency and Disclosure Act: The Case Against Dual Agency,” Alabama Law Review, 1996.
- Affordable Care Act: 2015 Transition Rules, Tax Developments 2014 (continuing professional education program or certified public accountants), sponsored by the Lanier Ford Technology Practice Group, July 2014.
- “Play or Pay” Under the Affordable Care Act (with Scott Faulkner and Christopher Pape), Tax Developments 2013 (continuing professional education program or certified public accountants), sponsored by the Lanier Ford Technology Practice Group, July 2013.
- Changes, Terminations, and Claims for Federal Contracts, sponsored by the Program for Investment in Micro Entrepreneurs (PRIME), Alabama A&M University, August and September 2012.
- Selected Tax Issues Under Patient Protection and Affordable Care Act (PPACA), Tax Developments 2012 (continuing professional education program or certified public accountants), sponsored by the Lanier Ford Technology Practice Group, July 2012.
- Sequestration and Terminations for Convenience, September 2012.
- Structuring Your LLC for Resale or Closure, Small Business Development Center, Alabama A&M University, 2009.
- American Health Lawyers Association
- Alabama Bar Association
- Huntsville-Madison County Bar Association
- J.D., summa cum laude, 1997, University of Alabama, Tuscaloosa, AL
Managing Editor (1996-1997) and Junior Editor (1995-1996), Alabama Law Review
Order of the Coif
Dean M. Leigh Harrison Award
Hugo L. Black Scholar
- B.A., summa cum laude, 1991, University of Tennessee, Knoxville, TN
Phi Beta Kappa
- United States Court of Appeals for the Eleventh Circuit
- United States Court of Federal Claims
- United States District Courts
Northern District of Alabama
Middle District of Alabama
Southern District of Alabama
- All Alabama State Courts
- Member, Huntsville Hospital Foundation Development Council (2006-2009).
- Participant, Madison County Volunteer Lawyers Program (2011 to present).
Senior Staff Attorney, Justice Harold F. See, Alabama Supreme Court (1999-2001).