Government Contracting Elections & Politics

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SEC Approves FINRA Pay-to-Play Rule

This week, on Thursday, August 25, 2016, the SEC approved FINRA Proposed Rules 2030 and 4580 (the Proposed Rules) as they had been proposed by FINRA. The Proposed Rules would impose pay-to-play restrictions and recordkeeping...more

Agencies Release Final Rule on “Fair Pay and Safe Workplaces” Executive Order

On August 24, 2016, the Department of Defense, General Services Administration, and National Aeronautics and Space Administration (FAR Council) released the final rule implementing the “Fair Pay and Safe Workplaces” Executive...more

Federal Contractors Must Comply with New Rules on Sex Bias

Contractors should be careful not to implement any policies or practices that may have a disparate, adverse impact on one sex unless they are job-related and consistent with business necessity. Originally published in...more

Final Rule Issued Implementing Fair Pay and Safe Workplaces Executive Order

The Department of Defense, General Services Administration and National Aeronautics and Space Administration (the FAR Council) have issued for publication in today’s Federal Register, a final rule amending the Federal...more

California Ballot 2016: Pros and Cons of Props 51-56

Californians must decide on 17 initiatives in the November election this year, and those are just the proposed measures of state-wide concern. Never mind the many local initiatives affecting counties and neighborhoods. The...more

Private Fund Advisers Must Pay Close Attention to Nuances under Pay-to-Play Restrictions in Light of Upcoming Elections Nationwide

As the elections approach nationwide, advisers to private investment funds with current or prospective state or local government entity investors should be mindful of political activities by their personnel which could raise...more

Mexico Enacts a Sweeping New Anti-Corruption Regime, Accompanied by a Public Apology from President Peña Nieto and Increased...

After an aggressive grassroots campaign, Mexican President Enrique Peña Nieto recently announced the enactment of sweeping changes to Mexico’s anti-corruption regime. The new law is a significant step toward transparency in a...more

Union Organizing at Retail and Food Service Businesses Gets Boost from New York City “Labor Peace” Executive Order

Summary of the Executive Order - New York City retail and food service unions got a boost recently when Mayor Bill de Blasio signed an Executive Order titled “Labor Peace for Retail Establishments at City Development...more

The Physician’s Self-Referral Law – Are Changes Finally Coming?

The Physician Self-Referral Law, also known as the Stark law, prohibits a physician from referring federal health care program patients for “designated health services” to an entity in which the physician (or an immediate...more

Louisiana Amends P3 Legislation Granting Authority to DOTD

The State of Louisiana has passed a public-private partnership (P3) law to help alleviate a $12.7 billion backlog in highway and bridge maintenance and construction needs across the state. The law authorizes the Louisiana...more

Weekly Update Newsletter - July 2016 #3

GOVERNMENT CONTRACTS - Small Business Mentor-Protégé Programs - The U.S. Small Business Administration (“SBA”) is amending its regulations to implement provisions of the Small Business Jobs Act of 2010, and the...more

Las P3 y el riesgo político: ¿por qué las P3 de Miami-Dade pueden resistir el clima político?

En un año electoral, los inversores prestan mucha atención a los entornos políticos de las jurisdicciones que buscan el desarrollo de las asociaciones entre los sectores público y privado (“P3” o “PPP”). La inversión en el...more

The Terrain of Global Anti-Bribery Compliance Challenges [Video]

In the second part of their interview, Alison Taylor, Director of advisory services at BSR, a non-profit consultancy and company network focused on sustainability and CSR, and James Cohen, an expert on anti-corruption,...more

What is the potential impact of Brexit on the European System of Accounts (ESA10)?

One of the key benefits of PPP has always been the 'additionality' of investment that off-balance sheet treatment can offer. However, the emergence of the European System of Accounts (ESA10) heralded a shift away from...more

Missouri expands project delivery options for public works projects

The State of Missouri recently joined a majority of states allowing political subdivisions to make use of design-build and construction manager-at-risk contracts for public works projects. The new law, signed on July 1, 2016,...more

Senate Finance Committee Examines Repeal of the Stark Law

A new report suggests that the Stark law is obsolete in new payment models. On June 30, the US Senate Committee on Finance (the Committee) released the report Why Stark, Why Now? Suggestions to Improve the Stark Law to...more

Brexit State Aid Implications

State aid control is unusual internationally. State aid is entirely a matter of EU law and is administered by the EU. Unlike other areas of competition law, such as antitrust and merger control, there are no national rules or...more

What GSA Can Learn from the National Parks Service

Note: The following post is adapted from the forthcoming 2016/2017 GSA Schedule Handbook, published by ThompsonWest, due out later this year. Any way you look at it, 2016 will be an interesting year. You may have heard...more

"FINRA Extends Deadline for SEC to Act on Proposed FINRA Pay-to-Play Rule"

On June 21, 2016, the Financial Industry Regulatory Authority extended the time for the Securities and Exchange Commission (SEC) to act on Proposed Rules 2030 and 4580 (the Proposed Rules) to August 26, 2016. The Proposed...more

Saudi Arabia Update - June 2016

Legal Developments - Vision 2030 introduces new Nitaqat - Earlier this year, the Deputy Crown Prince Mohammed bin Salman announced the new reform plan, Vision 2030, which expresses Saudi Arabia's long-term goals and...more

Preparing for Potential MOG Changes

As we all keenly await the outcome of the election, this is a good time for in house counsel to consider how their agency's new contracts and other arrangements may be affected by potential machinery of government and other...more

North Carolina Legislative Newsletter

I-77 Managed Lanes - On June 2, the House voted 81-27 to approve HB 954, which would terminate the contract between NCDOT and I-77 Mobility Partners for the I-77 managed lanes project north of Charlotte. The bill has...more

Connecticut Stands Firm to Enforce Pay-to-Play Against State Party Committee

In announcing a $325,000 settlement with the Connecticut Democratic State Central Committee, the State Elections Enforcement Commission (“SEEC”) has made clear that it will not tolerate efforts to circumvent the state’s...more

In Defense Of The Bid Protest Process

By now, most government contractors and government contracts attorneys are aware that both the House Armed Services Committee (HASC) and the Senate Armed Services Committee (SASC) have proposed, as part of the Fiscal Year...more

P3s and Political Risk: Why Miami-Dade’s P3s Can Weather Political Climates

In an election year, investors pay careful attention to the political environments of jurisdictions that are seeking to develop public private partnerships (“P3” or “PPP”). Investment in pursuing a public infrastructure...more

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