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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

Another Option for Speedy Relief from an Adverse Agency Action

A recent and novel decision by the U.S. Government Accountability Office (“GAO”) could have broader implications for small business contractors that hold federal supply schedule and multiple award contracts. ...more

Don’t Sit on Your Hands: Intervene at OHA If the NAICS Code Matters to You

A recent decision from the Federal Circuit clarified whether the Court of Federal Claims (“COFC”) has jurisdiction to review the selection of North American Industry Classification System (“NAICS”) codes and reminded small...more

Legislative and Regulatory Update for Small Businesses

In This Presentation: - Small Business Mentor-Protégé Program - Joint Venture Changes - Kingdomware Decision - Changes to Limitations on Subcontracting - Rotech Decision -...more

Caught in the Middle: What Is a Supplier Supposed to Do When Its Customers Ask to Use a DBE as a Pass-Through?

Suppliers are caught in the middle of a new enforcement trend in federal, state, and local investigations of disadvantaged business enterprise (DBE) fraud. Historically, DBE fraud investigations have focused on the...more

Pennsylvania's P3 Implementation Manual: An Overview

On January 9, 2013, the Pennsylvania Public-Private Transportation Partnership Board (P3 Board) approved the Implementation Manual for Solicited and Unsolicited Projects (Implementation Manual), which provides highly...more

Sending the Privilege Away: Attorney-Client E-Mails in the Corporate Setting

In a pending False Claims Act (“FCA”) case involving allegations of noncompliance with the federal physician self-referral law (the “Stark Law”), 42 U.S.C. § 1395nn, the United States District Court for the Middle District of...more

Navigating the Provider Self-Disclosure Protocol

Providers can voluntarily disclose potential fraud with respect to Federal health care programs — Medicare, Medicaid, and potentially private insurers to the extent Federal or state funds are involved — by following the...more

UK Public Procurement Law Digest: In-house Tender Rules for Mutuals and Shared Services

Many government entities across Europe deliver services through municipal or public-owned companies. Such entities are less common in the UK, although the issue is increasingly on the agenda, with a strong preference...more

Minor Problems In Environmental Impact Report Are Not Prejudicial Defects

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

Is Your DBE Performing a Commercially Useful Function? Enforcement Trends in DBE Fraud Cases

Companies that have been awarded government contracts through a disadvantaged business enterprise (DBE) program or similar program face increasing scrutiny as criminal prosecutions continue to mount and civil penalties...more

Retroactive Revival Of Liability By Legislation

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

New Executive Order on Iran Places U.S. Parents and Their Foreign Subsidiaries at Risk of U.S. Sanction

President Obama on October 9, 2012 issued the Executive Order required by Section 218 of the Iran Threat Reduction and Syria Human Rights Act of 2012. The new Order for the first time applies Iranian sanctions to...more

California Proposes New Law To Deal With Underground Economy

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

California Files Suit Against Whittier to Stop Oil Leases

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

Mandatory Compliance Programs for Healthcare Companies

The healthcare industry always has taken the lead in compliance issues, developing innovative compliance tools and programs. Anti-corruption compliance borrows heavily from many healthcare compliance ideas....more

New Addition to the Public Private Partnership Law of Florida - Another Level of Politics or a Cure for Political Games?

The Florida Legislature has just enacted a bill that adds a new Section 339.2825 which took effect July 1, 2012. That Section deals with both Florida Department of Transportation (FDOT)-generated projects and unsolicited...more

Maximizing Your Investment: Important Issues to Consider When Investing in Government Contracting Concerns

Originally published in NVCA Today - August 2012. Private equity and venture capital firms have grown increasingly comfortable with investing in the government contracting space, with several making significant...more

False Claims Act Compliance and Health Care

Doctors and health care service providers are under the False Claims Act microscope. The risks are significant and the costs can be astronomical. For all the obvious risks, doctors, hospitals, PPOs, HMOs, and health care...more

In-House Counsel: A Juggling Act (Part I of II)

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 NEW NIGERIA TAX LAW, FREE TRADE ZONE AND START YOUR BUSINESS.

WITH THE NEW TAX LAW, through FOREIGN DIRECT INVESTMENT SCHEME; AS INVESTOR, ENTREPRENEUR, DOING BUSINESS WITHIN NIGERIA FREE TRADE ZONES: You have right, to do business in Nigeria without paying tax in return, as a result...more

Imagine a “Mandatory” Disclosure Requirement: It’s Easy if You Try

The Justice Department urges companies to voluntarily disclose FCPA violations. In exchange for a confession, DOJ offers companies two important benefits: (1) absolution for any criminal activity; and (2) a reduced criminal...more

Nueva Ley Federal Anticurrupción en Contrataciones Públicas

La nueva Ley Federal Anticorrupción en Contrataciones Públicas (la "Ley Anticorrupción"), entró en vigor el día 12 de junio de 2012. La presente Ley tiene por objeto establecer las responsabilidades y sanciones a las personas...more

Mexico's New Federal Anti-Corruption in Public Contracts Law

Mexico's new federal Anti-Corruption in Public Contracts Law (the "Anti-Corruption Law") became effective on June 12, 2012. The Law establishes liabilities and penalties on foreign and Mexican individuals and corporations who...more

"Violations of Corporate Integrity Agreement Trigger Divestiture Action by HHS OIG"

In a little-noticed decision, the Office of the Inspector General of the Department of Health and Human Services (OIG) has forced a company that violated its corporate integrity agreement (CIA) to divest a subsidiary as a...more

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