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Government Contracts Quarterly Update - February 2014

The Government Contracts Quarterly Update is published by BakerHostetler's government contracts practice group to inform our clients of the latest developments in federal government contracting. This update covers the...more

“Entirely Comfortable” With a “Monster”: A Striking Decision From an Unlikely Source About Excessive Fines Under the FCA

As we have discussed before, whistleblower and retaliation decisions—including from the Supreme Court of the United States—have created an increasingly whistleblower-friendly body of law that unifies courts across the...more

The False Claims Act is Not a License to Divulge Employer Confidences

Health care employers concerned that former employees may misappropriate the company’s confidential information to support qui tam lawsuits under the False Claims Act (“FCA”) received guidance from a recent court decision. ...more

Focus On Hiring Relatives Of Foreign Officials: A Serious Bribery Risk?

The latest hub-bub about hiring of relatives of foreign officials under the FCPA has raised a number of interesting questions. JP Morgan’s recent disclosure of its hiring practices, the existence of a list of such hires...more

NY Federal Court Rules Auditors Strictly Liable for Their “Opinions”

NY Federal Court Rules Auditors Strictly Liable for Their “Opinions” by Michael Cifelli on September 23, 2013 Ernst & Young and PriceWaterhouseCoopers will not be dismissed from the securities classaction lawsuit...more

Legislative Update

Construction legislation in the 2013 session was much different from 2011. In 2011 many new construction related laws were passed including governance of indemnities and mechanic’s liens. In 2013 many significant...more

All In The Family: Enforcement Focus On Hiring Of Relatives Of Foreign Officials

Can you imagine being the public relations director for China these days?...more

New York Regulations Limiting the Use of State Funds for Administrative Expenses and Executive Compensation Go Into Effect

Implementing Executive Order 38, which was issued by Governor Andrew Cuomo early last year, thirteen New York State agencies have released final regulations placing limits on state funds that can be used for administrative...more

Updated OIG Exclusion Guidance Spells Out Recommended Employee Screening Procedures

On May 8, 2013, the Office of Inspector General (OIG) published an updated bulletin that spells out the frequency with which employers should check the OIG’s List of Excluded Individuals and Entities and clarifies which...more

The Engineering and Construction Contract (NEC3): A Comparative Analysis – Part 2

Introduction - In our last Alert, we assessed the philosophy of the NEC Engineering and Construction Contract (“NEC3”) against the FIDIC Conditions of Contract for EPC/Turnkey Projects (“FIDIC Silver”), with a view to...more

Business Law Newsletter - May 2013

In This Issue: - Subpoenas: What Are They and What Do You Do If You or Your Business Receives One? - Sequestration and the Continuing Resolution’s Effect on Government Contracting - New I-9 Creates Risk...more

Eastern District Of Virginia Rules That Employer Cannot Arbitrate False Claims Act Retaliation Claims

On Wednesday, the Eastern District of Virginia in Winston v. Academi Training Center, Inc., No. 1:12-cv-767 (July 12, 2012), declared an arbitration provision in an independent contractor agreement unconscionable, clearing...more

No Sale -- Sales Commissions Violate Anti-Kickback Statute; Prevent Enforcement of Nonsolicitation

A durable medical equipment (DME) distributor, Joint Technology, Inc., entered into an agreement to pay a salesman commissions ranging from 18 to 22 percent on the volume of his sales. The court held that the salesman did not...more

Precision Required for Government Tort Claims Act

The Government Claims Act in California establishes the manner in which negligence and tort claims must be made against the Government. [Govt. Code, Section 900 et seq.] Failure to follow the rules set forth in the statute...more

New Provisions of California's False Claims Act

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

California Statutes Generally Prohibit A General Law City From Contracting With A Private Entity For Nonspecial Services

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 Davis-Bacon Corner

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

2012 Workers Compensation Reform In California

Workers Compensation reform is on the way. Cynics might ask, didn’t we do this several years ago? Yes we did. In the late 1990’s, overutilization of medical services, higher-than-normal indemnity benefit costs, and...more

Hiring Long Lasting Independent Contractors

Independent contractors are not employees but their work is often vital to the success of a business. Because contractors may work off site, do work for other clients, and perform with minimal supervision, it is crucial to...more

New Hotline Cracks Down on Underground Employers

Officials in California estimate that $7 billion in payroll tax, workers compensation insurance, and other mandates are lost every year because of underground employment practices, including employers that pay workers under...more

Labor Commission Settles Unpaid Wage Claims On Public Works Project

Claims that an employee or contractor was not paid properly for their work often forms the subject of employment law disputes. On this blog we’ve previously discussed issues related to overtime pay and non-exempt salaries,...more

Choose wisely in classifying your independent contractors

Is a non-exclusive insurance agent an independent contractor or an employee? Insurance agents and salespeople with the discretion to determine when, how, and whether to sell a company’s products may properly be classified...more

What You Need to Know Regarding the New Maryland Income Tax Credit for Security Clearance Costs & Construction of SCIFs

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

Day Laborers & NC’s Lowest Responsible Bidder law (News Note)

Triangle Grading and Paving is a Triad-area company with multiple public contracts, 18 since 2000 from the NC Department of Transportation alone. Frequently the low bidder, Triangle Grading has a long history of performing...more

Legislative Update Report No. 2012-01

In This Article • Federal Government • Alberta • British Columbia • Manitoba • New Brunswick • Newfoundland • Northwest Territories • Nova Scotia • Nunavut • Ontario • Prince Edward Island •...more

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