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Could Your Employees Be Eligible for FMLA Leave on Their First Day of Work? The Answer Could Be Yes

It would be easy for employers to assume that they need not worry about an employee’s eligibility for Family and Medical Leave Act (“FMLA”) leave until at least one year has passed since the employee began working for the...more

And Up to Twenty Years in Prison: The Criminalization of US Customs Violations

The United States’ traditional reliance on only civil penalties against trade violators is changing. During the past several years, the US government has increasingly brought criminal charges against alleged violators, both...more

"DC Circuit Unanimously Upholds Federal Contractor Contribution Ban"

On July 7, 2015, the federal circuit court for the District of Columbia sitting en banc issued a unanimous opinion upholding the federal contractor contribution ban against a constitutional challenge in the long-running case...more

The New Canadian Integrity Regime: Compliance Carrots to Join the Debarment Sticks

Today we welcome Kristine Robidoux, Partner, Gowling Lafleur Henderson LLP, for an analysis of the new Canadian Integrity Regime. As Canada has one of the most robust Debarment regimes which includes anti-bribery enforcement,...more

Changes on the Horizon for the SBA 8(m) Women-Owned Small Business Program

Additional regulations governing the federal contracting “set-aside” program and now also the “sole source” program applied to women-owned small business (WOSB) are on the horizon. The WOSB program is referred to as the 8(m)...more

June FCPA Compliance Digest | BONUS: Global Anti-Corruption and Anti-Money Laundering News

I love writing articles where I get to discuss companies making history. PetroTiger has been exonerated from criminal FCPA prosecution by the DOJ. That’s only happened once before, in the case of Morgan Stanley....more

"Update on Compliance Date of SEC Rule 206(4)-5's Placement Agent Provision"

On June 25, 2015, the Securities and Exchange Commission (SEC) issued Release No. IA-4129 setting July 31, 2015, as the compliance date for SEC Rule 206(4)-5's placement agent restrictions on using third-party and affiliated...more

Successful Planning and Exit Strategies for Government Contractors in 2015 and Beyond

In This Presentation: - How To Position Your Business To Reap The Benefits Of A Liquidity Event - How To Position Your Business To Reap (Internal Review And Check-Up) - Strategic And Structuring...more

Government Contracting Abroad: Beware Compliance Risks

On June 16, 2015, IAP Worldwide Services Inc., a private defense and government contracting company, agreed to pay $7.1 million to settle criminal charges of the U.S. Foreign Corrupt Practices Act (FCPA) related to bribing...more

Contractor and Subcontractor Payment Act Not Applicable to Public Works Project

In a decision issued last week in Clipper Pipe & Service, Inc. v. Ohio Casualty Insurance Company, the Pennsylvania Supreme Court concluded that the Contractor and Subcontractor Payment Act, 73 P.S §§ 501-516 (CASPA) does not...more

Weekly Update Newsletter - June 2015 #2

GOVERNMENT CONTRACTS - DoD Issues Semiannual Regulatory Agenda - The Department of Defense (DoD) published the semiannual agenda of regulatory documents, including those that are procurement-related, for public...more

Alert: SBA Proposes Regulations to Implement Sole-Source Contract Awards for Women-Owned Small Businesses

The Small Business Administration ("SBA") recently issued a proposed rule to address statutory changes that would permit agency contracting officers to award sole-source contracts to women-owned small businesses ("WOSBs") and...more

SBA's Proposed Rule Provides Guidelines on the Common Administrative Services Exception to Affiliation for All Tribal Entities

The SBA’s February 2015 proposed rule concerning the expanded mentor-protégé program received much attention and analysis, much (deservedly) focused on the new program. However, one aspect of the proposed rule could, if made...more

An attempt at Harmonization: Export Documentation Changes

The Bureau of Industry and Security (BIS) is currently accepting comments on methods of improving the Export Administration Regulations (EAR) as well as harmonizing these regulations with the clearance requirements under the...more

NYS Tax Appeals Tribunal Provides Guidance Respecting Unitary Business Determinations

The New York State Tax Appeals Tribunal has just provided timely guidance respecting the unitary business rule in New York State. In SunGard Capital Corp. and Subsidiaries (DTA Nos. 823631, 823632, 823680, 824167, and...more

Government Contracts Quarterly Update - May 2015

The Government Contracts Quarterly Update is published by BakerHostetler’s Government Contracts Practice team to inform our clients and friends of the latest developments in federal government contracting. Topics in the...more

Ninth Circuit Upholds Ban on Contributions by Government Contractors and Other Disclosure Requirements in Hawaii

The United States Court of Appeals for the Ninth Circuit recently upheld a number of Hawaii’s contribution and disclosure requirements, thus cementing the legacy of Citizens United’s defense of transparency in campaign...more

Weekly Update Newsletter - May 2015 #4

GOVERNMENT CONTRACTS - CRS Issues Report: Contracting with Inverted Domestic Corporations Answers to Frequently Asked Questions - The Congressional Research Service (CRS) issued a report, “Contracting with...more

Top Ten New Jersey Pay-to-Play Myths

Now that David Letterman has hosted his last show, the universe is experiencing a distinct lack of top-ten lists. We are happy to take on this awe-inspiring responsibility in the best way we know how: with a list of the top...more

DOJ: Companies Need Not Expend Exorbitant Fees to Get Full Cooperation Credit

During an FCPA panel event, the Chief of the US Department of Justice’s Fraud Section advised companies to conduct “targeted” FCPA investigations, dismissing the suggestion that companies must spend hundreds of millions of...more

"Virginia Enacts Stricter Gift Provisions, Expands Lobbying and Pay-to-Play Laws"

On May 1, 2015, Virginia Gov. Terry McAuliffe signed Senate Bill No. 1424 (the Bill). The Bill tightens restrictions on gifts, expands Virginia’s lobby law to cover attempts to obtain public contracts and adds a new...more

The Trade Agreements Act: An Unknown Compliance Issue for Small Businesses

Small businesses often enter into government contracts unaware of all the laws and regulations that may apply when selling to the government. One of the laws that is often overlooked is the Trade Agreement Act (TAA). ...more

I Was An Irrational Compliance Calculator

In what might be described as a “companion guide” to my Ethikos article Does Compliance Need More “Darkside,” I had a chance to read Scott Killingsworth’s work in the same edition, The Irrational Calculator: Sales at the...more

Weekly Update Newsletter - May 2015 #3

GOVERNMENT CONTRACTS - DoD Issues January and February 2015 Contract Data Contract Reporting Scorecards - The Department of Defense (DoD) issued the contract data and reporting scorecard metrics for January and...more

The CVE Reverification Process is Not as Simple as Advertised For Veteran-Owned Firms

The Department of Veterans Affairs (VA) Veterans First Contracting Program continues to attract more and more veteran-owned small businesses (VOSBs) and service-disabled veteran-owned small businesses (SDVOSBs). ...more

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