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Weekly Update Newsletter - October 2015

GOVERNMENT CONTRACTS - Notice Establishing a Minimum Wage for Contractors - The Department of Labor, Office of the Secretary, published a new notice correcting its September 16, 2015 notice by publishing Appendix A...more

PortMiami espera continuar con el éxito de las P3

Una nueva colaboración público-privada (“P3” o “PPP”) llega a PortMiami. Royal Caribbean Cruises, LTD (“RCCL”) busca diseñar, construir, financiar, operar y mantener una nueva terminal para cruceros en el área noreste del...more

Escrowed Payments May Leave Federal Subcontractors High and Dry

Companies providing products or services as subcontractors to prime federal contractors often struggle with how best to ensure prompt and full payments from primes. Prime contractors, particularly small business concerns,...more

Public-Private Partnerships: 2015 and Beyond

Q to Sam Barend: There has been a lot of “buzz” around P3’s in the U.S. the past several years — How does the reality of their use match that “buzz”? A: The reality has surpassed the buzz— more than $6 billion worth of...more

Proposed Legislation Provides Further Support for P3 Transportation

Legislation recently introduced in the U.S. House of Representatives calls for the senior procurement executive of the U.S. Department of Transportation (DOT) to enhance the services of the Office of Contract and Procurement...more

Finance Update: Fairness in Interpreting PPP Payment Mechanisms

Management of payment mechanisms in PFI/PPP schemes by the public sector has generally become more active in recent years. Amongst the many factors at play are balancing proper management and application, and avoiding the...more

"Department of Justice Issues Guidance to Criminal and Civil Prosecutors to Facilitate Individual Prosecutions in Corporate...

On September 9, 2015, the Department of Justice (the Department) publicly announced that it had issued guidance to its criminal and civil prosecutors that purports to change, at least in part, the Department’s approach to...more

Two Additional Former PetroTiger Employees Sentenced Following FCPA Conspiracy Guilty Pleas

On September 10, Gregory Weisman, former general counsel of oil and gas services company PetroTiger, and Knut Hammarskjold, PetroTiger’s co-founder, were each sentenced to two years’ probation stemming from their prior...more

Hospitals Accused of Violating the False Claims Act Through Ownership of the PPO For Their Self-Funded Employee Health Plans

On August 27, 2015, following notification by the government that it had decided not to intervene, the United States District Court for the Middle District of North Carolina, ordered that a qui tam complaint charging...more

Colt Nears Deal to Battle Its Way Out of Bankruptcy

On September 3, 2015, gun maker Colt Defense announced that the company and its creditors are close to finalizing a deal that will rescue the company out of bankruptcy. “It’s fair to say the parties are very close to a deal,”...more

FTA Provides Notice of Expedited Public Transportation Improvement Initiative

Federal Transit Administration (“FTA”) grants fund billions of transit-related projects throughout the United States. In an effort to improve the project delivery process for those projects, the FTA on September 3, 2015,...more

SBA Lending May Be Critical to Future Community Banking

Headlines should read, “Congress and President Do Something Right!” On July 28, 2015, only one day after Congress passed the matter, the President signed into law an increase in Small Business Administration (“SBA”) lending,...more

EU-Vietnam Trade Deal

The EU and Vietnam have concluded the substantive elements of a Free Trade Agreement (FTA), widely-hailed as one of the most ambitious and comprehensive such agreements that the EU has concluded with a developing country....more

P3 Turns the Lights On in Detroit, Michigan

The first freeway lighting system public-private-partnership (P3) in the U.S. closed on August 24, 2015, with the Michigan Department of Transportation (MDOT) and Freeway Lighting Partners, LLC, (FLP) reaching simultaneous...more

No Longer on Hold: SBA Resumes 7(a) Lending to Small Businesses

The 7(a) lending program is back on track. Last month, President Obama signed into law a bill that would raise the SBA’s lending authorization ceiling to $23.5 billion for its flagship lending program. With the bill’s...more

Private Equity Quarterly Report - Q2, 2015: Benesch Aerospace and Automotive Market Intelligence

Aerospace Market Overview - A record-setting year for aircraft orders has created a huge production backlog, which is good news for commercial aircraft manufacturers and tier suppliers. Elsewhere, machine vision,...more

Russian Legislation Update

Real Estate - On 13 July 2015 the President signed Federal Law No. 218-FZ “On State Registration of Real Estate.” The Law was adopted in order to simplify real estate and cadastral registration. It establishes a...more

Corporate Investigations & White Collar Defense - August 2015

Are the Circuits A-Splitting? The Ninth Circuit Declines to Follow the Second Circuit's Insider Trading Decision in U.S. v. Newman - Why it matters: On July 6, 2015, the Ninth Circuit in U.S. v. Salman declined to...more

OIG finds CFPB headquarters renovation costs to be reasonable

The Office of Inspector General for the Fed and CFPB (OIG) has issued a report on the results of its audit of the construction costs for the CFPB’s Washington, D.C. headquarters renovation. The renovation costs have been the...more

“Pay to Play” Developments

Based on recent announcements from the SEC and its Staff, changes may be forthcoming for advisers’ use of third-party solicitors for government entity clients....more

This Week In Securities Litigation

The SEC filed three actions following-up on its settled proceeding against Oppenheimer for selling millions of shares of unregistered penny stocks. Each individual settled with the agency. In addition, the Commission brought...more

Is the Renewable Energy Sources Act Undergoing a Fundamental Change? - Pilot tenders in accordance with the Ordinance for...

Review - “The Ordinance for Competitive Bidding for Financial Support of Freestanding Installations and for the Amendment of other Ordinances for the Promotion of Renewable Energies” largely entered into force on 12...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

D.C. Circuit Upholds 44-Year-Old Ban: The answer is still “no” for individual federal contractors wishing to contribute to federal...

On July 7, 2015, in Wagner v. Federal Election Commission, the U.S. Court of Appeals for the District of Columbia Circuit upheld the ban on individual federal contractor contributions to federal candidates and political...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

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