David Gallacher

David Gallacher

Sheppard Mullin Richter & Hampton LLP

Contact  |  View Bio  |  RSS

Latest Publications

Share:

Look Before You Leap – Pitfalls and Tripwires Inherent in Government Contracting

Accepting money from the Government, whether through a contract, grant, or other transaction, does not come for free. In the commercial world, companies typically engage in a cost/benefit analysis when they make major...more

1/28/2016 - Disclosure Requirements Federal Contractors Hiring & Firing Human Trafficking Intellectual Property Protection Recordkeeping Requirements Threshold Requirements Young Lawyers

Trade Agreements Act Updates for 2016 – New Year, Lower Thresholds

Every two years, the U.S. Trade Representative updates the dollar values at which certain international trade agreements apply to certain types of U.S. government contracts. This means that certain contracts over the dollar...more

1/28/2016 - Buy America Construction Industry Department of Defense (DOD) Federal Acquisition Regulations (FAR) Foreign-Made Goods Supply Contracts Threshold Requirements Trade Agreements Trade Agreements Act

Whew! That Was Close – D.C. Circuit Reaffirms Application of Attorney-Client Privilege and Attorney Work Product Doctrine in...

On August 11, 2015, the U.S. Court of Appeals for the D.C. Circuit issued a writ of mandamus supporting the robust applicability of the attorney-client privilege and attorney work product doctrines in the context of False...more

9/22/2015 - Appeals Attorney-Client Privilege Barko v Halliburton Corporate Counsel False Claims Act (FCA) Internal Investigations Investigations Iraq KBR (formerly Kellogg Brown & Root) Outside Counsel Upjohn Warnings Work-Product Doctrine Writ of Mandamus

SCOTUS: No Unlimited Suspension of the Statute of Limitations Under the False Claims Act; “First-to-File” Doctrine Does Not Bar...

In an opinion released May 26, 2015, Kellogg Brown & Roots Services, Inc. v. United States ex rel. Carter, the U.S. Supreme Court unanimously held that whistleblowers cannot extend the statute of limitations for war-related...more

5/28/2015 - False Claims Act (FCA) First-to-File Fraud KBR (formerly Kellogg Brown & Root) Qui Tam SCOTUS Statute of Limitations Wartime Suspension of Limitations Act Whistleblowers WSLA

Free(er?) Trade - US, EU and Canada Quibble Over Market Access and Domestic Preferences

The US is generally pretty keen on international free trade agreements. And why shouldn’t it be? After all, free trade agreements have the ability to open up foreign markets to US goods and services, allowing new and...more

8/15/2013 - Canada EU Foreign Markets GATT Market Access Rule Tariffs Trade Agreements TTIP WTO

Threats and Vulnerabilities - What Every Contractor Should Know About The SBA's New "Presumed Loss" and "Deemed Certification"...

Nearly three years ago, on September 27, 2010, the President signed into law the Small Business Jobs Act of 2010 (“Jobs Act”), which directed the Small Business Administration (“SBA”) to implement a variety of small business...more

7/23/2013 - Certifications Contractors JOBS Act Misrepresentation Proof of Loss SBA Small Business

"Buy American" Compliance Tips

1. There is no single “Buy American” requirement – there are numerous statutes with differing requirements. Make sure you know which one applies....more

5/1/2013 - Buy American Act Compliance Department of Defense (DOD) Foreign-Made Goods Trade Agreements Trade Agreements Act

Playing Cards With a Government That Stacks the Deck - D.C. District Court Radically Expands The "Christian Doctrine" To...

On March 30, 2013, the U.S. District Court for the District of Columbia issued a decision imposing certain socio-economic contract requirements on subcontractors operating hospitals associated with the University of...more

4/30/2013 - Affirmative Action Contract Interpretation DOL Healthcare HMOs OFCCP Subcontractors The Christian Doctrine

Country of Origin for Computer Software - U.S. Customs Finally Sheds Some Light on the Issue

One of the most perplexing questions that has plagued the government contracting community in recent years relates to the country of origin for computer software. Where most government procurements restrict the purchase of...more

2/21/2013 - Country of Origin Customs and Border Protection Software Trade Agreements Act

Free Trade Agreement Updates for 2012

2012 saw several updates with regard to free trade agreements (“FTAs”) between the U.S. and its international trading allies. The most notable of these was the U.S.-Korea FTA (“KORUS”), but several other changes were made to...more

2/21/2013 - Defense Aquistion Regulations Department of Defense (DOD) Federal Acquisition Regulations (FAR) Federal Procurement Systems Trade Agreements WTO

Smash & Grab Redux - Congress Seems to Give DCAA Permission But Forgets to Give It Authority

Last month we wrote about a provision in the proposed 2013 National Defense Authorization Act (“NDAA”) that would have given the Defense Contract Audit Agency (“DCAA”) statutory authority to demand a company’s internal audit...more

2/4/2013 - Audits Contractor Audits DCAA NDAA

Smash & Grab - DCAA Poised to Gain Access to Contractor Internal Audit Reports

The Defense Contract Audit Agency (“DCAA”) has long sought access to contractors’ internal audit reports in connection with the routine audit of contractors’ business systems. Contractors have, in most cases, successfully...more

12/18/2012 - Contractor Audits DCAA GAO NDAA

12 Results
|
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×