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5 Takeaways From Former SAP Exec's FCPA Case

On Aug. 12, 2015, Vincente Garcia (former head of Latin American sales for SAP International Inc.) pled guilty in federal court in San Francisco to violations of the Foreign Corrupt Practices Act. In addition to pleading...more

DOJ’s Warning to High-Tech Companies: SAP Official Pleads Guilty To FCPA Violation

When DOJ acts, they like to make a splash. While the FCPA Paparazzi have been lamenting the “slow down” in FCPA enforcement actions and the increase in case closings, DOJ still makes its mark when it acts, and I expect more...more

The Baby and the Bathwater: The Department of Commerce’s Bureau of Industry and Security (BIS) Intrusion and Surveillance Software...

If you are not aware, please take note that the July 20, 2015 deadline is fast approaching for comments to the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) proposed rule on the export control of certain...more

South African Renewable Energy Independent Power Producer Procurement Programme (REIPPPP): Salient Features Of And Changes To The...

Briefing Note 23 and Parts A, B and C of the Renewable Energy Independent Power Producer Procurement Programme (REIPPPP) Request for Qualification and Proposals (RFP) Expedited Bid Submission Window (EW) dated June 2015 have...more

Export Control Laws for the General Counsel

You are the chief legal officer of a U.S. company. Your CEO walks into your office and announces that your company is about to conclude its first international sale. In addition, the company has just appointed distributors in...more

Weekly Update Newsletter - June 2015

GOVERNMENT CONTRACTS - DoD, GSA, and NASA Issue a Proposed Rule to Amend FAR: Consolidation and Bundling of Contract Requirements - The Department of Defense (DoD), General Services Administration (GSA), and...more

Reed Smith's Government Contracts Weekly Rundown - April 2015 #4

Here is a rundown of last week’s top developments related to government contracts to get you back on track and ready for this week....more

Trade Agreements Act Compliance Activity Increasing at VA

Companies should include internal TAA compliance reviews in their overall manufacturing compliance programs. Every manufacturer of medical devices and pharmaceuticals that offers a product for sale to the federal...more

Blog: The Trade Agreements Act and Sales of Medical Devices to the U.S. Government

Does your company sell medical devices to the U.S. Government, either directly or through a reseller or distributor? Are those devices or supplies manufactured at least partly in a country other than the U.S.? ...more

Medical Device Companies Face Severe FCA Penalties for TAA Violations

A spate of recent multi-million dollar settlements has shown that medical device manufacturers are subject to substantial liability under the False Claims Act (FCA) if they misstate the country of origin of their products in...more

[Event] The Aerospace & Defense Forum: Cross-Border Opportunities in Mexican Aerospace - Mar. 24, San Diego, CA

The objective of this panel is to provide practical insights and guidance to U.S. aerospace firms doing business in Mexico, both as an end market, as well as a source of operating and business advantages. Our panel will...more

Electronic waste rules could help thwart flow of counterfeit parts

As highlighted in a report by the U.S. Senate Armed Services Committee, a flood of counterfeit electronic parts from China threatens the reliability of sophisticated defense technologies from thermal weapon sights to advanced...more

Is Your Software a Defense Article?

The International Traffic in Arms Regulations, or ITAR, control the export of software classified as a “defense article.” The United States Munitions List [USML] contains items regulated by the ITAR, including a range...more

Weekly Update Newsletter - December 2014 #1

GOVERNMENT CONTRACTS - DoD, GSA, and NASA Issue Proposed Rule to Amend FAR, Information on Corporate Contractor Performance and Integrity - The Department of Defense (DoD), General Services Administration (GSA),...more

Certifications Under the Trade Agreements Act: 10 Tips to Avoid TAA Traps for the Unwary

On September 3, 2014, U.K.-based medical device maker Smith & Nephew (the ‘‘Company’’) agreed to pay $8.3 million (plus an additional $3 million in attorney’s fees) to resolve a lawsuit filed under the federal civil False...more

ML Strategies’ Energy & Environment Update: July 2014 #2

During the past several years, Europe has installed about 2,000 offshore turbines (6,500 MW of offshore wind generation capacity), with capacity doubling since 2010. Offshore wind provides almost 1% of total power in Western...more

What Export Control Reform Means for You: Let Us Cl-EAR Up Changes to the ITAR – Episode I: The Basics – Five Points to Remember...

The first major wave of the much-discussed U.S. Export Control Reform measures will break on October 15, 2013 as the first round of rule changes take effect. While many in the affected industries expect that the October...more

New DOD Internal Policy Guidance on Counterfeit Parts: A Preview of Contractor Regulations?

The Department of Defense (DOD) has issued a new instruction that establishes internal DOD policies for detecting, avoiding, and remediating counterfeit parts in the DOD supply chain, and allocates responsibility among...more

Country of Origin for Computer Software - U.S. Customs Finally Sheds Some Light on the Issue

One of the most perplexing questions that has plagued the government contracting community in recent years relates to the country of origin for computer software. Where most government procurements restrict the purchase of...more

Energy & Clean Tech Connections: Your Law Firm Link to Industry News -- October 2012

In the October edition of Energy & Clean Tech Connections, we’ve gathered recent information from a wide variety of sources in an effort to keep you abreast of what’s new in the world of clean energy. We draw your attention...more

NC: Cutting Edge R&D and Cutting Edge Corporate Espionage

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

Early Steps Toward a Streamlined Export Control System: Proposed Changes to the ITAR and EAR

On November 7, 2011, the U.S. State Department published a proposed rule amending the International Traffic in Arms Regulations (“ITAR”) by narrowing the categories of aircraft and related equipment controlled on the United...more

OFAC, BIS Double Up Flow Serve: What the Flowserve Settlement Says About Corporate Compliance Programs

In late September, Flowserve Corporation (“Flowserve”) and a number of its subsidiaries agreed to settle alleged export violations with the Department of Commerce, Bureau of Industry of Security (“BIS”) for $2.5 million, and...more

Technology Exports: Uncertainty Around Form I-129 Persists

Beginning on February 20, 2011, the U.S. Bureau of Citizenship and Immigration Services (“CIS”) assumed a role in the U.S. Government's increasing regulation of technology exports. The new role for CIS relates to the transfer...more

New ITAR Rule on Transfer of Defense Articles to Dual and Third-Country Nationals Creates Substantial New Compliance Obligations

On May 16, 2011, the Department of State (“Department”) published its final rule in the Federal Register amending provisions of the International Traffic in Arms Regulations (“ITAR”) regarding the transfer of ITAR controlled...more

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