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HUD Issues Notice to Update Section 3 Regulations

The U.S. Department of Housing and Urban Development (HUD) recently published a notice that updates the interim regulation at 24 CFR Part 135, which provides for compliance with Section 3 of the Housing and Urban Development...more

Labor & Employment E-Note - March 2015

In This E-Note: - Expanding Eligibility: Is Your FMLA Policy Ripe for Misinterpretation? - New Year’s Resolution Continued: The Multi-State Non-Compete Agreement - The Corporate Board: The False Claims...more

Executive Order Requires Government Contractors to Monitor Human Trafficking by Vendors and Subcontractors

Existing human trafficking-related prohibitions for federal contractors and subcontractors were strengthened recently by the Obama Administration. While there has been an Executive Order outlawing certain "human trafficking...more

Out of the Frying Pan, Into the Fire – GSA Proposes to Reduce Price Reductions Clause Burdens, While Substantially Increasing...

In what is arguably its most significant proposed regulatory change affecting commercial item contracting in decades, the General Services Administration (“GSA”) earlier this week proposed amendments to the General Services...more

STOP, THIEF! - How to Keep Your “Secret Sauce” In-House, When an Employee Is Lured to Greener Pastures

No matter how collegial and successful a workplace you have created for your employees, attrition is an inevitable fact of life in business, and in government contracting in particular. ...more

Putting a Stop to Human Trafficking

Consistent with the US Government’s zero tolerance policy concerning human trafficking, a cadre of government agencies recently published a final rule amending the current Federal Acquisition Regulations provisions on human...more

OFCCP Modernizes Sex Discrimination Guidelines

On January 30, 2015, the Office of Federal Contract Compliance Programs (OFCCP) published proposed updates to its Sex Discrimination Guidelines setting forth its interpretations and rules for complying with the...more

CDM Regulations 2015

The Construction, Design and Management Regulations 2015 (CDM 2015 Regulations) have now been laid before Parliament and are due to come into force on 6 April 2015, ushering in several significant changes to health and safety...more

Public Entity May Seek to Recover All Proceeds Derived From a Tainted Contract

Private contractors who provide financial benefits to government employees of agencies with whom they contract will face forfeiture of all proceeds and profits derived from such tainted contracts, an appellate court recently...more

Construction and Engineering Alert: CDM 2015 - The Biggest Health And Safety Change For Construction In A Decade

The Construction (Design and Management) Regulations 2015 have finally been laid before Parliament and will come into force on Easter Monday 6 April. The new regulations ("CDM 2015") need to be on your radar if you are...more

Coming to a State Attorney General’s Office near you

The Vermont State False Claims Act Could Be a Game-changer for Vermont Taxpayers and Businesses. The Vermont False Claims Act, percolating through Montpelier hearing rooms and corridors, has not yet received much...more

Human Trafficking and Government Procurement: New Requirements for U.S. Federal Contractors

On January 29, the U.S. Government released a final rule establishing new anti-human trafficking requirements for U.S. government contractors. The rule amends the Federal Acquisition Regulation (“FAR”) and seeks to strengthen...more

Fourth Circuit's Triple Canopy False Claims Act Decision

The decision unexpectedly expands potential liability. On January 8, the U.S. Court of Appeals for the Fourth Circuit issued a panel decision that established a new and potentially significant False Claims Act (FCA)...more

Government Contracts Quarterly Update - January 2015

The Government Contracts Quarterly Update is published by BakerHostetler’s Government Contracts Practice team to inform our clients and friends of the latest developments in federal government contracting. Topics in...more

The Construct - December 2014

In This Issue: - Another Perspective: Constructing (and Eating) a Piece of the Energy Sector Pie - An Interview with Melvin Stroble, REM, Project Manager, Energy for Black & Veatch - Executive Order 13658...more

IBM Corp. v. United States—A Study in the Risks and Rewards of Including a Reservation of Rights in an Offer

Including a reservation of rights in a proposal is a delicate matter. On the one hand, it is in the contractor’s best interest to identify clearly the assumptions on which its proposal is based....more

Changing Regulatory Regime Necessitates New Solutions To An Old Problem: 5 Elements Critical To An Anti-Fraud Compliance Program

US government regulators have become more aggressive in their detection and enforcement of fraud against the government. One of the key tools they are using to combat such fraud is the False Claims Act. Most FCA cases are...more

Government turns up the heat with the False Claims Act – 5 action steps for healthcare providers

Forbes magazine has dubbed 2014 “The Year of the Whistleblower.” For healthcare providers, this designation has translated into millions of dollars in fines and penalties and the initiation of criminal investigations. ...more

OFCCP Announces Issuance of 2,500 Courtesy Scheduling Announcement Letters

The Office of Federal Contract Compliance Programs (OFCCP) has announced that it will mail Courtesy Scheduling Announcement Letters (CSALs) to contractor facilities across the country that have been selected for compliance...more

New False Claims Act Whistleblower Trends Revealed in Recent Verdict: What Can We Learn?

On October 20, 2014 in a case brought by a whistleblower under the False Claims Act (“FCA”), a federal jury handed down a $175 million verdict in favor of the plaintiff. While the outcome was newsworthy because of its size...more

"U.S. v. Novartis: Reaffirming the Importance of Updating and Adhering to Corporate Policies"

A recent decision in a false claims act case, United States ex rel. Bilotta v. Novartis Pharmaceuticals Corporation (Novartis), underscores the importance of policing employee adherence to corporate policies and industry...more

The DOJ Increases Scrutiny of Whistleblower False Claims Act Suits

The Criminal Division of the Department of Justice (“DOJ”) recently announced that it will review all complaints filed under the qui tam provisions of the federal False Claims Act (“FCA”) to determine if a parallel criminal...more

Civil War Era Is ‘Gone With The Wind’ Causing Companies To Question Need For FCA, Whistleblower Hotline Providers…

The Civil War era is my favorite part of American history. Every summer, my father would take my sister and me on “educational” vacations and when I was nine we went to Gettysburg. I’m not altogether sure if it’s the...more

'Tis the Season for Government Contracts: Five Key Compliance Issues for Retailers Selling to the Government

As retailers move closer to the end of the government fiscal year in September, ’tis the season for receiving government contracts. Federal agency budget authority for discretionary spending generally mandates that agencies...more

PilieroMazza Legal Advisor - Third Quarter 2014

In this issue: - Avoiding Pitfalls with Restrictive Covenants in Employment Contracts - What Is Enough Consideration of Small Business Interests? – GAO Denies Protests Against GSA Consolidation of Small...more

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