Read Commercial Law & Contracts updates, alerts, news, and analysis from leading lawyers and law firms:
Greenberger: Derivatives Legislation Would Seriously Weaken Dodd-Frank
Colombia Battles U.S. Investors for $17 Billion Treasure
Lessons Learned from the Parker Drilling DPA and Ralph Lauren NPA
Lessons Learned from the BizJet Executives FCPA Enforcement Actions
The Growing Role of Social Media in Litigation and How to Prepare for It
Weekly Brief: 78% of Law Schools Ignore ABA Rule
Hot Trends in Federal Enforcement on the Web in 2013 from Ifrah Law Partners
Attorney Tim Hyland: Why the District Court for the Eastern District of Virginia is Good for Plaintiffs
New Happy Birthday Song, Copyright-Free
Precise Contingency Drafting
Legal Fallout of an Armstrong Confession
Will Congress' Dodd-Frank Mistake Harm Banks?
4 Things to Know About Michigan’s New Right-to-Work Laws
The New SEC Conflict Minerals Rule: Overcoming the Challenges of Compliance
Stealth Lawyer: Alex Patterson, CCO of Tough Mudder
Opinion Release 12-02-Travel for Foreign Governmental Officials Under the FCPA
Weekly Brief: BoA Sued; SCOTUS Shortlists; Fund Fights Argentina
Opinion Release 12-01-Is a Royal Family Member a Foreign Official under the FCPA
Authenticity in your Compliance Program
Requirements for Travel for Governmental Officials Under the FCPA
In This Issue:
- DOE Accepting Comments On Liquid Natural Gas Export Study
- Positive Developments Improve The Business Case For Returning Manufacturing To The United States
- Stainless Steel Sinks Industry Sees...more
In fiscal year 2012, the Justice Department recovered nearly $5 billion in False Claims Act (FCA) settlements and judgments, a single-year high, and the second straight year DOJ set a new record. If you are a government...more
It has taken a long time but the status of whistleblowers has reached an all time high. Whistleblowers can expect even more encouragement and protections in the future. ...more
A recent appellate case addressed the issue of minor problems and deficiencies in an Environmental Impact Report (“EIR”) and whether they were prejudicial errors that amounted to defects in the approval process required for a...more
Three out of four is an exceptional batting average, but renewable energy advocates are undoubtedly disappointed by the one big loss they suffered in the recent legislative session.
Three bills related to solar energy and...more
The US Supreme Court sometimes makes news by refusing to hear cases, not by taking them. That was certainly the case on May 29, 2012 when the Supreme Court declined to hear a case in which Minnesota’s high court upheld state...more
The San Diego County Water Authority (SCWA) has negotiated a proposed agreement with a private developer under which it will purchase at least 48,000 acre-feet of desalinated water per year for 30 years, from a Carlsbad...more
New law imposes heavy sanctions on individuals and companies offering money and gifts to obtain an advantage in the procurement of public contracts.
Mexico has joined a growing number of Latin American countries that...more
California Senate Bill 1185 (SB 1185) is a new effort aimed at the underground economy in the State, estimated to be valued at between $60 billion and $140 billion each year. Underground transactions prevent the State from...more
The City of Whittier, California wants to allow oil drilling on a 20 acre parcel of land purchased as part of a much larger parcel acquired by the City in the 1990’s using bond funds approved by Proposition A. The Santa...more
California Governor Jerry Brown recently signed into law AB 2492, amending California’s False Claims Act to better conform it to requirements of the federal False Claims Act. In addition to amending definitions of “conduct”...more
What do Stockton, San Bernardino and Mammoth Lakes,California have in common?
If you were thinking about warm weather, plenty of sunshine and the California lifestyle, you might be right, but that’s not the answer we’re...more
In a case involving an employees’ association’s challenge to a city’s plan to contract out for a variety of city services, a court of appeal found that as a general rule, California statutes prohibit a general law city from...more
The Supreme Court’s decision upholding most of the Affordable Care Act increased compliance responsibilities for healthcare companies. The ACA amended the False Claims Act (FCA), which was amended in 2009 in the Fraud...more
It is well-established that general contractors are responsible for their subcontractors’ compliance with Davis-Bacon. Nevertheless, we frequently encounter situations where the general contractor has failed to comply with...more
Consistent with the mandate under the Dodd-Frank Wall Street Reform and Consumer Protection Act, the Treasury Department issued a proposed rule that would require contractors doing business with the agency to confirm their...more
Originally published in Federal Contracts Report, 98 FCR 210 on 08/14/2012.
The mid-90s were a watershed for the federal procurement system. The Federal Acquisition Streamlining Act of 1994 (FASA) and the Clinger-Cohen...more
If you do business with the government (e.g. defense industry or health care), your greatest risk is the False Claims Act.
The United States government is the world’s largest purchaser of goods and services. The...more
The General Assembly’s 2012 “short session” resulted in many controversial changes to North Carolina’s mechanic’s lien and bond laws. The changes were included in two bills, House Bill 1052 and Senate Bill 42. Governor...more
Let’s try and look at the world from the viewpoint of in-house counsel. In a two-part series, I try and focus on the current state of in-house counsel. Part I focuses on the overall view from a macro-standpoint. Part II...more
The recent passage of Senate Bill 296 will create an additional incentive for investment by the Maryland business community in cleared employees and Sensitive Compartmented Information Facilities (SCIFs). Beginning in 2013,...more
The United States Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) has rescinded Directive 293, Coverage of Health Care Providers and Insurers, which outlined OFCCP policy for determining whether...more
In the fervor of the U.S.'s current anti-foreign-corruption efforts, a particularly misguided proposal has occasionally reared its ugly head: Requiring “mandatory debarment” for any company that violates the Foreign Corrupt...more
In view of the significant infrastructure works that are proposed to be undertaken in the State of Qatar in the lead up to the FIFA World Cup in 2022, engineering firms from around the world are establishing operations in the...more
With the dawn of a new year, there look to be a number of changes on deck regarding U.S. free trade agreements, most particularly relating to an expanded scope for the World Trade Organization Government Procurement...more
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