UK Public Procurement Law Digest: Successfully Setting Aside UK Procurement Contract Awards by Morrison & Foerster LLP on 5/22/2012 Ever since UK law was changed to permit courts to set aside improperly awarded public contracts, there has been a series of unsuccessful attempts to invoke the new remedy. Successful set-aside applications have been rare...more
Quinn Emanuel D.C. Litigation in Brief -- Spring 2012 by Quinn Emanuel Urquhart & Sullivan, LLP on 5/22/2012 In This Issue: The Supreme Court Confronts Controversies Overseas, But Will Congress Have the Final Word? Cover; When in Rome...(U.S Law Still Applies): Lessons of Wal-Mart, News Corp. & the Foreign Corrupt Practices...more
NC: Cutting Edge R&D and Cutting Edge Corporate Espionage by Sands Anderson PC on 5/14/2012 The Federal Bureau of Investigation estimates that corporate espionage has cost American companies $13 billion from trade secrets stolen by company insiders and given to hostile foreign governments. To combat this...more
There are Two Nationalities for the Nation of the United States by Dan Goodman on 5/7/2012 Discover that since the adoption of the Fourteenth Amendment and the Slaughterhouse Cases, there is a citizen of the United States, who is not a citizen of the several States (united) and a citizen of the several States...more
Fourth Circuit Upholds “Derivative” Soveign Immunity, following the D.C. Circuit by Cadwalader, Wickersham & Taft LLP on 4/20/2012 Suhail Najim Abdullah Al Shimari, et al. v. CACI Int’l, No. 09-1335 (4th Cir. 2011), addresses the issue of “derivative sovereign immunity”, which deserves another look. According to the allegations, four Iraqi citizens were...more
In the Tradition of Gilda Radner, the Court of Appeals for the Federal Circuit Proclaims "Never Mind" in Zoltek II by Sheppard Mullin Richter & Hampton LLP on 4/17/2012 The United States Court of Appeals for the Federal Circuit (CAFC) recently issued a so-called en banc (all judges of the court) decision with great importance to Federal Government contractors. In Zoltek Corp. v. United...more
Free Trade Agreement Updates - Changes to the WTO GPA and KORUS FTA by Sheppard Mullin Richter & Hampton LLP on 4/17/2012 In December 2011 the World Trade Organization reached an agreement in principle to implement “historic revisions” to the World Trade Organization Government Procurement Agreement (WTO GPA), a trade agreement covering the...more
UK Public Procurement Law Digest: Non-EU Bids on EU Public Contracts by Morrison & Foerster LLP on 4/2/2012 The European Union’s rules on government procurement have traditionally been admirably open and non-discriminatory, with none of the “Buy Local” preferences found elsewhere in the world. That seems likely to change in...more
Practicing in an International World: The Importance of U.S. Export Control Compliance for Clients by Fox Rothschild on 3/29/2012 Originally published in The Legal Intelligencer (c) 2012 ALM Media Properties, LLC, March 29, 2012. Globalization has substantially expanded the world of our clients. Many U.S. companies now have subsidiaries abroad and...more
Mandatory Debarment for FCPA Violations? A Bad Idea Whose Time Should Never Come by Sheppard Mullin Richter & Hampton LLP on 3/29/2012 In the fervor of the U.S.'s current anti-foreign-corruption efforts, a particularly misguided proposal has occasionally reared its ugly head: Requiring “mandatory debarment” for any company that violates the Foreign Corrupt...more
Qatar Law Q&A: Engineering Activities in Qatar by Patton Boggs LLP on 3/28/2012 In view of the significant infrastructure works that are proposed to be undertaken in the State of Qatar in the lead up to the FIFA World Cup in 2022, engineering firms from around the world are establishing operations in the...more
Federal Circuit Clarifies Law On U.S. Government Contractor Immunity For Patent Infringement by Patton Boggs LLP on 3/22/2012 The Federal Circuit, in Zoltek Corp. v. United States, No. 2009-5135 (Fed. Cir. Mar. 14, 2012), recently clarified the scope of immunity for government contractors from infringement suits arising from work they perform for...more
"Construction in Saudi Arabia: the next big thing?" (as published in Asian Counsel magazine) by Ben Cowling on 3/21/2012 With the decline in the economies of the developed world, many construction and infrastructure companies are broadening their horizons. In particular, there has been huge interest in construction in the Kingdom of Saudi...more
Anglo American – National Copper Corporation (CODELCO), a new investor-State dispute? by Ricardo Vásquez on 3/20/2012 In 2011 the sale of 24,5% of the shares of the Mining Company ex Disputada de Las Condes owned by Anglo American (AA) and the alleged breach of a put option granted to a State property-owned company, generated extensive...more
‘Buy American’ And Solar Devices — DOD Clarification by Sheppard Mullin Richter & Hampton LLP on 3/20/2012 Originally Published in Law360, February 21, 2012 Last year in January 2011, the president signed the 2011 National Defense Authorization Act (Pub. L. No. 111-383, Section 846), which included a “Buy American”...more