In one of the most highly-anticipated decisions of this term, on Thursday, June 1, 2023, the United States Supreme Court ruled that a contractor’s liability in False Claims Act (FCA) cases hinges on subjective intent — i.e.,...more
On April 18, 2023, the U.S. Supreme Court heard oral argument on two high-stakes False Claims Act (“FCA”) cases – SuperValu and Safeway. We recently analyzed the facts, procedural history, and implications of the Court’s...more
The Department of Commerce (the “Department”) announced the launch of the first Notice of Funding Opportunity (“NOFO”) under the CHIPS Act’s incentive program. This program aims to strengthen the U.S. semiconductor supply...more
3/7/2023
/ CFIUS ,
Compliance ,
Export Controls ,
False Claims Act (FCA) ,
Federal Grants ,
FOCI ,
Funding ,
Incentives ,
Loans ,
Manufacturers ,
Semiconductors ,
U.S. Commerce Department
A major issue faced by government contractors (at any tier) is the risk of organizational conflicts of interest (“OCIs”). To reform the OCI regulatory framework, Congress recently passed the Preventing Organizational...more
Whether or not a client is involved in civil litigation, the target of a grand jury subpoena or some other request to produce documents, the attorney-client privilege serves as a powerful tool to shield sensitive matters from...more
On November 28, the Small Business Administration (SBA) finalized a rule that requires veteran-owned small businesses (VOSBs) and service-disabled veteran-owned small businesses (SDVOSBs) to obtain formal SBA certification to...more
The ability to petition one’s leaders is long recognized regardless of the form of government. Ever since the Watergate Scandal, the United States has taken the lead on transparency in governmental acts and the interaction...more
Arizona is one of the most progressive states when it comes to citizen led initiatives to create or change (and literally enshrine) laws. However, the procedure to put such initiatives to vote are largely controlled by the...more
With the ever-increasingly complex regulatory environment in the United States, ensuring corporate compliance is neither inexpensive nor easy. Given these difficulties, when the need to conduct an internal investigation...more
Although not receiving much media attention, in October 2022, the nationwide injunction on Executive Order 14042, Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors (the “EO”) was lifted. The injunction,...more
On November 10, the Biden Administration proposed the Federal Supplier Climate Risks and Resilience Rule (the “Proposed Rule”). The Proposed Rule would amend the Federal Acquisition Regulations and requires federal...more
On October 20, 2022, the Committee on Foreign Investment in the United States (“CFIUS”) issued the “CFIUS Enforcement and Penalty Guidelines” (the “Guidelines”). These are the first-ever Guidelines issued by CFIUS which is a...more
On September 30, 2022, the United States instituted new sanctions to address the ongoing Russian-Ukraine conflict. The new sanctions follow the Leaders of the Group of Seven’s (“G7”) statement condemning Russia’s referendum...more
10/19/2022
/ Annexation ,
Bureau of Industry and Security (BIS) ,
Defense Sector ,
Economic Sanctions ,
Export Administration Regulations (EAR) ,
Exports ,
G7 ,
Military Conflict ,
Office of Foreign Assets Control (OFAC) ,
Penalties ,
Russia ,
Ukraine
In a highly anticipated speech, Deputy Attorney General Lisa O. Monaco delivered remarks outlining updates to the U.S. Department of Justice (“DOJ”) perspective on the Corporate Crime Enforcement policy. These updates are the...more
In the age of instant social media, there is a tendency to immediately threaten or actually initiate litigation to stop activities deemed as limiting political activity. Many states have what are called anti-SLAPP...more
In a continued theme of increased enforcement of export controls, the Bureau of Industry and Security (“BIS”) of the U.S. Department of Commerce released a memorandum that announced a stricter Administrative Enforcement...more
As the war continues in Ukraine, pressure from the European Union (“E.U.”) and the United States (“U.S.”) continue to mount on Russia’s global interests. On April 6, 2022, the United States issued Executive Order 14071,...more
SLAPP Suits and Anti-SLAPP Statutes -
Controversial and heated business dealings with or involving public entities are all too familiar: A developer or other business seeks to pursue a project or to obtain public funding...more
The Russian Federation’s intensifying war efforts across Ukraine prompted the U.S. government to announce that it will implement a ban on Russian oil and gas imports. Under the ban, the U.S. will not import “Russian crude oil...more
3/10/2022
/ Economic Sanctions ,
Energy Sector ,
EU ,
Export Controls ,
Financial Institutions ,
Natural Gas ,
Oil & Gas ,
Russia ,
Supply Chain ,
Trade Bans ,
UK ,
Ukraine
The United States and the European Union announced new economic sanctions against Russia and Belarus due to the ongoing invasion of Ukraine. It is important to appreciate the timing of the implementation of the sanctions and...more
The international community continues to heighten the compliance burden for companies with business ties to Ukraine and Russia following a new round of sanctions. On February 26, 2022, the United States, along with several...more
3/3/2022
/ Biden Administration ,
Bureau of Industry and Security (BIS) ,
Economic Sanctions ,
Export Controls ,
Financial Institutions ,
NYDFS ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
SDN List ,
SWIFT ,
Ukraine
As the Russian-Ukraine conflict continues to elicit intensifying economic responses from multiple countries, the frequency and rapidity of these new sanctions have left companies scrambling to align their internal and...more
3/2/2022
/ Bureau of Industry and Security (BIS) ,
Debt Restructuring ,
Economic Sanctions ,
EU ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
SDN List ,
Supply Chain ,
SWIFT ,
UK ,
Ukraine
As Russia continues its invasion of Ukraine, the United States and other countries have intensified economic sanctions against the Russian Federation. These sanctions ride on the heels of initial sanctions issued prior to...more
2/28/2022
/ Australia ,
Canada ,
Economic Sanctions ,
EU ,
Export Controls ,
Financial Institutions ,
Japan ,
Russia ,
Supply Chain ,
U.S. Treasury ,
UK ,
Ukraine
As the Russia-Ukraine conflict escalates, the U.S. Government has started to implement new sanctions on Russian entities on top of the ones that already existed. On February 21, 2022, the Executive Order on Blocking Property...more
2/25/2022
/ Biden Administration ,
Executive Orders ,
Exports ,
Foreign Policy ,
Office of Foreign Assets Control (OFAC) ,
Oil & Gas ,
Russia ,
Sanctions ,
SDN List ,
Supply Chain ,
Ukraine
In a specially scheduled oral argument today, the U.S. Supreme Court heard two issues involving the OSHA Emergency Temporary Standard (“ETS”). One issue pertained to the merits of the appeal and whether the OSHA ETS was...more