Antitrust & Trade Regulation Government Contracting

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Federal Court Rejects Challenge to new CMS Recovery Auditor Contracts

On August 22, 2014, the U.S. Court of Federal Claims denied a challenge by incumbent Recovery Audit Contractor (RAC) CGI Federal, Inc. (CGI) to CMS’s plan to award new RAC contracts. Among other things, the Court found that...more

Aerospace & Defense Series: DOD Study Touts Competition Benefits in Military Purchases—Creates Implications for Future Antitrust...

It is a general tenet that competition serves customers well, enabling them to acquire better products at lower prices. Of course, this premise underlies the antitrust laws. In the aerospace and defense industry, the...more

Gaps in New DOD Counterfeit Parts Rules Raise Compliance Questions for Contractors

The U.S. Department of Defense (DOD) published, on May 6, 2014, its first set of final regulations imposing specific obligations on defense contractors and their suppliers for the detection and avoidance of counterfeit...more

Esquenazi Part II – The Test For Determining An Instrumentality Under The FCPA

In Part I of my review of the 11th Circuit Court of Appeals decision in the Esquenazi case, I reviewed the Court of Appeals opinion. Today, in Part II, I want to drill down further and examine the test developed by the Court...more

Business News Digest – May 2014

In this issue: - Equal Pay: Revisiting Federal Contractor Compensation Practices and Policies - Legal Considerations for E-Commerce Businesses - FTC and DOJ Issue Antitrust Policy Statement on Sharing...more

Aerospace and Defense Series: Leading Antitrust Considerations for Teaming Agreements

This newsletter identifies when “teaming agreements” between contractors will raise antitrust issues, and suggests some practice tips for evaluating or defending those arrangements....more

Miners Triumph And Opinion Release 14-01

On this date in 1966, the Texas Western University (now UTEP) Miners won the NCAA Basketball Championship, beating the University of Kentucky Wildcats. Now the first round has not even started by March 19, but it is not the...more

Getting the Deal Through – Anti-Corruption Regulation 2014: Bermuda

1. International anti-corruption conventions: To which international anti-corruption conventions is your country a signatory? - Bermuda is a self-governing British overseas territory, whose legal system is based...more

Government Recommends Supreme Court NOT Hear Takeda Case

The U.S. Solicitor General has asked the Supreme Court not to hear an appeal in a False Claims Act (“FCA”) case against Takeda North America Pharmaceuticals, Inc. The Fourth Circuit had dismissed the case because the...more

Deemed Public Officials: A Potential Risk for US Companies in Japan

Japan is one of the lower-risk countries for US companies in terms of compliance issues involving bribery and corruption. Transparency International’s 2013 Corruption Perceptions Index places Japan 18th out of 177...more

From FCPA to Export Compliance: Avoiding the Slippery Slope to a Compliance Violation

The second half of 2013 saw the continued expansion of FCPA enforcement by the DOJ and the SEC. The decrease in the scope of protections afforded to whistleblowers will lead to an increase in the number of FCPA potential...more

UK SFO Drops High-Profile Corruption Case

The trial of Victor Dahdaleh in London has collapsed due to the absence of key prosecution witnesses. The UK’s Serious Fraud Office (SFO) recently dropped its case against Victor Dahdaleh, the British-Canadian...more

Tokyo 2020 Olympics Update: Procurement

BACKGROUND - Tokyo will host the Games of the XXXII Olympiad from 25 July – 9 August 2020, and the Paralympic Games from 25 August – 6 September 2020. According to Jacques Rogge, former President of the...more

White Collar Watch - November 2013

In This Issue: - The true cost of fines: Bills would address tax break for corporate fines - Senate approves new protection for criminal antitrust whistleblowers - Justice Department sinks ex-Navy...more

Senior U.S. Officials Discuss FCPA Enforcement Trends and Activity

Regulators speaking at the American Conference Institute’s 30th International Conference on the Foreign Corrupt Practices Act tout large penalties, enhanced international cooperation, and a renewed focus on individual...more

New Brazilian Anti-Corruption Law Will Soon Take Effect

On August 1, 2013, in response to the Organization for Economic Co-operation and Development’s ("OECD") requirement that Brazil comply with the Convention on Combating Bribery of Foreign Public Officials in International...more

Auction Rigger Enters Guilty Plea

A thirty-seventh individual pleaded guilty to participating in a conspiracy to rig bids and commit mail fraud at public real estate foreclosure auctions in Northern California. The guilty plea, entered on Monday, November 4,...more

Italian Competition Authority Releases New Guidelines on Competitive Bids

On 26 October 2013, the Italian Competition Authority (the Authority) published its new guidelines on competitive bids. The guidelines are intended to help contracting entities to recognise and inform the Authority of...more

Lawsuit Based on Kickback, Stark Law Violations Sustained; Civil Suit Offers Additional Option to Counter Competitor's Illegal...

Hospitals, laboratories, and other health care providers that rely on referrals from other health professionals may encounter situations where competitors have entered into arrangements with physicians or other referral...more

Business News Digest – September 2013

In this issue: - What to Expect When You're Selling Your Company – Indemnification - Association Membership and Program Restrictions and the Antitrust Laws: Don’t Stumble Out of the Gate - CFPB: July...more

Illegal Commission Arrangements: Appeals Court Reinstates Jury's Verdict Against Pharmacy Executive

In United States v. Vernon, the Eleventh Circuit Court of Appeals reversed an Alabama district court's judgment of acquittal following a jury's guilty verdict against a pharmacy executive charged with anti-kickback statute...more

An Open Letter From SFO Director David Green On Facilitation Payments That You Don’t Know About

From our deck chairs we thought we’d share this with you. An open letter from David Green, Director of the SFO, in connection with facilitation payments. Originally Published on thebriberyact.com - August 22, 2013....more

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

Changes to Canada’s Anti-Corruption Regime Are Now in Force

On June 19, 2013, Bill S-14: The Fighting Foreign Corruption Act, received Royal Assent, thereby bringing into force the most significant changes to Canada’s anti-corruption legislation, the Corruption of Foreign Public...more

Canada Announces New Initiative for Disclosure of Payments to Governments

On June 12, 2013, Canadian Prime Minister Stephen Harper announced the introduction of a new transparency initiative in Canada that will require Canadian companies in the extractive industries, including mining, oil and gas,...more

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