Government Contracting Privacy

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Mainbrace: September 2016 (No. 4)

It’s hard to believe another summer has come and gone. The kids are back in school, the commuter trains are a bit more crowded, and everyone is back from their holidays, hopefully refreshed and ready to get back down to...more

U.S. House Of Representatives Announces OPM Data Breach Findings

On Wednesday, September 7, Republicans on the U.S. House of Representatives’ Committee on Oversight and Government Reform released a report detailing the events leading up to the sweeping hack of the federal Office of...more

I-Spy in the Sky. Feds Enact Drone Regulations

This week, the Federal Aviation Administration (“FAA”) enacted regulations for routine non-recreational use of small Unmanned Aircraft Systems weighing less than 55 pounds or “drone” laws (Part 7 of Federal Aviation...more

Insider Threat Programs – A New Challenge for Cleared Contractor

On May 18, 2016, the Department of Defense issued Conforming Change 2 of the “National Industrial Security Operating Manual” (“NISPOM”). NISPOM Change 2 requires all U.S. government contractors who require access to U.S....more

Health Care Matters, Summer 2016

Special Masters in Health Care Antitrust Merger Cases: Resolving the Conflicting Interests - One of the most challenging aspects of antitrust cases in the health care field is the rich mixture of public interest...more

Health Update - August 2016

Section 1332 Waivers: Will We See More State Innovation? - Editor's Note: In a new essay for the National Institute of Health Care Management (NIHCM), summarized below, Manatt Health examines Section 1332 waivers and the...more

AGG Litigation Insights Newsletter - Summer 2016

Even for companies accustomed to civil lawsuits, when the government is on the other side of the “v,” the prospect of litigation can be intimidating and unfamiliar. In this issue of the Litigation Newsletter, we explore how...more

The FCC’s 2016 BBA Implementing Ruling Digested (Volume I): The 10 Things You NEED to Know Before Making Calls to Collect on...

On August 11, 2016 the FCC issued its long-awaited ruling implementing the 2016 Bi-Partison Balanced Budget Act (“BBA”) Amendment that carved out collection calls on government-backed debt from TCPA coverage. In re Rules &...more

NIST Recommends Against SMS as Second Authentication Factor

On July 29, Paul Grassi, the Senior Standards and Technology Advisor at the National Institute of Standards and Technology (NIST) posted an unusual blog regarding the new draft NIST Special Publication 800-63-3: Digital...more

Health Care Market Intelligence: Post-Acute Care Summary Report - Q2 2016

Key Findings - - CMS proposed an $800-million Medicare payment increase for SNFs in FY 2017, a 2.1% increase from this year, while hospice payments would rise by $330 million, or 2%. Home healthcare agencies may see a...more

Health Update - July 2016

The Vulnerability of Healthcare Information - According to a report the Brookings Institute issued in May 2016, 23% of all data breaches occur in the healthcare industry. Nearly 90% of healthcare organizations had some...more

Aveta And The Use Of Confidential Info In FCA Cases

In a recent case in the District of Puerto Rico, United States ex rel. Valdez v. Aveta Inc., et al., No. 15-cv-01140-CCC (D.P.R.), the former president of Puerto Rican-based managed health care provider Aveta Inc., Jose...more

Federal government and their contractors immune from TCPA restrictions

Last week, on July 5, the Federal Communications Commission (FCC) released an opinion stating that robocalls made by the federal government (or its contractors) are exempt from the Telephone Consumer Protection Act (TCPA)....more

The FCC Rules Federal Government (and Maybe its Contractors) Are Immune from the TCPA

The Federal Communications Commission (FCC) issued its highly anticipated declaratory ruling on July 5, 2016 in which it determined that the Telephone Consumer Protection Act (TCPA) does not apply to calls made by or on...more

Federal Government and Its Contractors Exempt from the TCPA, FCC Rules

TCPA class actions continue to plague companies around the country, but a recent FCC ruling means that one big caller doesn’t have to worry: the federal government, as well as its contractors. On July 5, the Federal...more

GAO Tackles Cybersecurity

In two recent decisions, GAO denied protest grounds challenging the ability of contract awardees to satisfy government requirements related to cybersecurity. This posting analyzes those decisions and their implications for...more

DSS Revises Cybersecurity Requirements for Contractors Handling Classified Information

On May 18, 2016, Department Security Service (DSS) recently approved Change 2 (Change 2) to the National Industrial Security Program Operating Manual (NISPOM). Change 2 significantly revised Chapter 8 of the NISPOM relating...more

FedRAMP Accelerates the Process for Federal Contractors to Obtain Cloud Service Provider Authorizations and DoD Revises its Cloud...

Cloud computing is ubiquitous in the federal market place. Many federal contractors either provide cloud computing services to the government or use cloud computing services when performing a federal contract. For cloud...more

Coming to a Government Contract Near You: Mandatory Information Safeguarding Requirements

The government recently finalized a sweeping amendment to the Federal Acquisition Regulation (“FAR”) that will impose basic information system safeguarding requirements on many federal acquisitions, marking the latest in the...more

Corridors - June 2016 - News for North Carolina Hospitals

Final CMS Rule on the Reporting and Returning of Medicare Overpayments Is a Wake-Up Call for Physicians - Effective March 14, 2016, a final rule published in February 2016 by the Centers for Medicare and Medicaid...more

A New Cybersecurity Regime and a New Regulation to Mandate Secure Information Systems for Government Contractors

Congress has enacted a recent wave of legislation to address ongoing cybersecurity threats; the Executive Branch, on May 12, 2016, adopted new cybersecurity regulations; and other Federal initiatives are underway and will...more

FAR Information System Security Standards Rules Finalized

The U.S. federal government announced on May 16, 2016, new Federal Acquisition Regulation (FAR) rules that set high-level standards for the basic safeguarding of contractor information systems that process, store or transmit...more

It’s Arrived! FAR Final Rule Addressing “Basic Safeguarding of Contractor Information Systems”

After nearly four years of planning and comments, DoD, GSA, and NASA issued a final rule today amending the Federal Acquisition Regulations (“FAR”) with a new Subpart 4-19 and a new contract clause 52.204-21 addressing the...more

District Court Holds that Interest in Protecting Whistleblowers under the False Claims Act Can Outweigh Companies’ Confidentiality...

A magistrate judge in the Northern District of Illinois recently dismissed a company’s breach-of-contract counterclaim against a whistleblower for violating the company’s privacy policy and confidentiality agreement....more

Health Law Insights Newsletter - Issue 9 - May 2016

NATIONAL - Medicare Proposes New Part B Payment System - The Center for Medicare and Medicaid Services (CMS) on April 27 proposed a new rule that would transform Medicare Part B reimbursement to practitioners into...more

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