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Confidentiality Agreements of Federal Contractor Employees – Changes To The Federal Acquisition Regulations Are Coming Soon

Confidentiality agreements for employees of federal contractors are increasingly coming under scrutiny by federal agencies. In late 2014, as part of the Consolidated and Further Continuing Appropriations Act (the “Act”),...more

Corporate Investigations & White Collar Defense - April 2015

It’s Stifling in Here! SEC Rules That Companies Can’t Put Restrictive Language in Confidentiality Agreements That Could Potentially Stifle Whistleblowers - Why it matters: On April 1, 2015, the SEC announced its...more

Protecting Your Prime and Subcontract or Strategic Relationship

In this presentation: - Negotiating A Definitive Work Share Clause - In Teaming Agreements - In Subcontracts - Clauses Requiring Escrow Accounts To Ensure Prompt Payments -...more

Understanding the 4 “P’s” Before the P3 (Public-Private Partnership)

To get a P3 proposal to the starting line, public officials need to make sure that there is clarity and agreement on basic issues and priorities - Aging and inadequate infrastructure, required upgrades and scarce...more

Mexico Energy Law – Round 1 Update

Update regarding Mexico’s Licensing Round 1 shallow water oil and gas tender - According to the Comisión Nacional de Hidrocarburos (e.g., the National Hydrocarbons Commission; “CNH”), as of Thursday, January 28th,...more

The New Enforcement Threat – Sanctions Violations

To label the current enforcement environment as “tough” is a dramatic understatement. I never understand why lawyers spend so much time touting the new, aggressive enforcement era as part of their marketing pitches –...more

Mexico: E&P Regulator Issues First Call for Bids under Round One

The Comisión Nacional de Hidrocarburos (CNH) has issued the first call for bids under Round One and the terms and conditions (T&Cs) governing the tender. CNH seeks to award 14 production-sharing contracts for the exploration...more

"Increased Scrutiny for Government Contracts Under New Maryland Pay-to-Play Law"

Amendments to Maryland's pay-to-play law taking effect January 1, 2015, will impose burdensome contract reporting requirements for many companies. Although Maryland has had a pay-to-play law on the books for years, these...more

FSOC Criticized by Government Accountability Office, but GAO Report Misses Critical Substantive Improvements; FRB Begins to...

The U.S. Government Accountability Office just issued a report on the Financial Stability Oversight Council's (“FSOC”) systemically important financial institution (“SIFI”) designation process, entitled “Further Actions Could...more

DoD's Updated FOIA Program and Exemption 4 Guidance

On September 3, 2014, the Department of Defense (DoD) issued a proposed rule updating its policies and procedures implementing the Freedom of Information Act (FOIA), including FOIA Exemption 4. FOIA Exemption 4 exempts from...more

Global Procurement Quarterly - Summer/Fall 2014

In This Issue: - Recent Trends in FCPA Enforcement – First Half of 2014 - Ukraine/Russia–Related Sanctions - New Executive Order Places Additional Reporting Obligations on Government Contractors and...more

Miami-Dade Keeping up with National P3 Trends

As discussed in our last post about national and local developments in public-private partnership (P3) legislation, Florida is keeping up with the P3 trend and Miami-Dade County is not far behind. Miami-Dade’s Citizens...more

Supreme Court Rewrites the Rules for Individual Campaign Contributions: McCutcheon v. Federal Election Commission

On April 2, 2014, the Supreme Court of the United States rendered the McCutcheon decision, addressing the facial validity of Section 203 of the Bipartisan Campaign Reform Act of 2002 (the “BCRA”). This case involved a...more

P3 101— Is Your Local Legal Team Ready to Help on a P3 Project?

For many U.S. construction businesses, the term “P3” may conjure images of “the big catch”—much discussed but rarely seen, at least not at your fishing hole. While the public-private partnership model has long been used in...more

White House Backs the $2.2 Billion Purple Line

On Tuesday, March 4th federal officials recommended the Maryland Transit Administration’s Purple Line Public-Private Partnership Project ("Purple Line") to receive $100 million in federal construction money as part of the...more

Open for investment: How Mexico is paving the way for infrastructure investors

A step-change for Mexican infrastructure - Mexico enacted its new federal public-private partnership (PPP) law, Ley de Asociaciones Público Privadas (Law on Public-Private Partnerships), in January 2012. The...more

Public Private Partnerships: From Economic Development to Local-Serving Infrastructure Procurement

In This Presentation: Public Private Partnership Opportunities: - Public Assistance into Private Projects • Economic Development/Redevelopment • Land Use/Zoning • Real Estate Assets/Long Range Property...more

Pennsylvania Seeks To Expand P3s to Local Governments and School Districts

In 2012, Pennsylvania joined the growing list of states with legislation authorizing public-private partnership (P3) projects. Pennsylvania’s P3 legislation related specifically to transportation projects. Recently,...more

Technology & Sourcing News - September 2013 (Global)

Procurement and Public Sector Equality Duty Review - On 6 September 2013, the Minister for Women and Equalities published a statement on the outcome of the review. Mobile banking - supporting an innovative and secure...more

Avoiding The FCA & FIRREA Trap: Practical Tips For Compliance Professionals

As the government becomes increasingly aggressive in its efforts to fight financial fraud, companies naturally are looking for new ways to avoid becoming the next target. In the last two years, the Department of Justice...more

Payment Bonds. Bonds For the Not So Criminally Inclined

I’m going to venture a guess that most of the readers of the California Construction Law Blog have not spent time in jail (or, at least, not much time there). And that when they think of bonds the first thing they think of is...more

What is a joint venture and how is it counted towards minority business enterprise (“MBE”) participation goals in Baltimore City?

Under the Baltimore City Code, a joint venture is an association between at least two business enterprises that provides for the sharing of economic interest. Generally, the joint venture is entered into for mutual benefit...more

Miami-Dade County Adopts New Public-Private Partnerships Resolution

Yesterday, the Miami-Dade County Board of Commissioners adopted a resolution establishing a Public Private Partnership Program for the County....more

Focus on Tax Controversy and Litigation - June 2013

In this issue: - Supreme Court Holds in Favor of PPL in UK Windfall Profits Case - US District Court Rejects Talley and Permits a Business Expense Deduction for Part of Double Damages Payment Under the False...more

New Changes to the Late Payment of Commercial Debts (Interest) Act

On 16 March 2013, new regulations came into force in relation to the Late Payment of Commercial Debts (Interest) Act. Enacted to incorporate a recent EU Directive, these new regulations introduce a maximum payment...more

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