International Trade Government Contracting

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Preservation of Legal Privilege in Corporate Investigations – A Cross Border Comparison

A D.C. Circuit decision (In re Kellogg Brown & Root, Inc.) has confirmed privilege over employee statements during in-house investigations. Can the world take comfort? This article examines privilege in the context of...more

"Latest US Export Control Reforms Impact Companies in the Military Electronics Industry"

On July 1, 2014, the U.S. government issued the latest in a series of ongoing reforms to the U.S. export controls on defense articles, defense services and “dual-use” items (i.e., items that have both civilian and military...more

Transparency and Human Trafficking: Is Your Company Prepared?

Companies increasingly face expectations that they will “know and show” that they are taking appropriate steps to manage the human rights impacts associated with their business activities. New transparency requirements on...more

Risky Business: How Rules Governing Counterfeit Electronic Parts and Reporting on Nonconformance Have Put Risk at a Premium in the...

Any contractor or subcontractor supplying the government with electronic parts or other items should consider new rules aimed at controlling counterfeit electronic parts and monitoring for nonconformance. In an industry...more

They think it's all over…

The late, great Ken Wolstenholme, if asked about the House of Commons Treasury Committee Report on Private Finance 21, could well say the same for PF2. Just as Costa Rica's Bryan Ruiz hammered home the final nail in the...more

Global Procurement Quarterly - Spring 2014

In This Issue: - The New Front in U.S. Sanctions: Ukraine and Russia - Electronic Invoicing in EU Public Contracts - German and EU Rules on Joint Bids - Q+A Corner with Melissa Milstead, Associate General...more

Esquenazi Part II – The Test For Determining An Instrumentality Under The FCPA

In Part I of my review of the 11th Circuit Court of Appeals decision in the Esquenazi case, I reviewed the Court of Appeals opinion. Today, in Part II, I want to drill down further and examine the test developed by the Court...more

Government Contracts Quarterly Update - May 2014

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

U.S. Agricultural Export Markets Expanded Through 2014 Farm Bill Programs

Funding made available from the 2014 Farm Act has allowed the USDA to establish programs to assist in the growth of commercial export markets. The USDA's Foreign Agricultural Service (FAS) recently granted funding to more...more

Trade & Manufacturing: News Of Note -- May 2014

House Subcommittee Advances Bill Approving LNG Exports To WTO Members - On April 9, a House subcommittee voted to advance a bill seeking to expedite the licensing of liquefied natural gas (LNG) exports to World Trade...more

Eleventh Circuit Vacates Dismissal of Breach of Contract Claim

The US Court of Appeals for the Eleventh Circuit found that the US District Court for the Southern District of Florida abused its discretion by dismissing an action for forum non conveniens without evaluating the significance...more

Federal Court Dismisses Overtime Claims Brought by Contractor Employee Working in Kuwait

On April 28, 2014, a Massachusetts federal court granted dismissal of a proposed class action alleging that Raytheon violated Kuwaiti law by failing to pay overtime to employees working in Kuwait on federal defense contracts....more

No New Export Licenses For Items, Services, or Information Destined For Russia — Be Careful with Russian Nationals in the U.S.

The Commerce Department’s Bureau of Industry and Security (BIS) and the State Department’s Directorate of Defense Trade Controls (DDTC), the two offices in charge of issuing export licenses for controlled dual-use and defense...more

Distress in the Defense Industry: Opportunities and Obstacles

The U.S. defense industry is facing a new battle – financial distress. Withdrawal of U.S. forces from Afghanistan and Iraq combined with reductions in the defense budget and sequestration have taken a toll on many U.S....more

Congressional Panel Explores International Experience with Public-Private Partnerships

On Tuesday, April 8th, the House Transportation and Infrastructure Panel on Public-Private Partnerships held a hearing on "The International Experience with Public-Private Partnerships". The Panel focused in particular on...more

New Rules For Energy Aid: EU Adopts Revised Guidelines For Assessment Of State Aid in The Energy Sector

For the first time, the European Commission has decided on comprehensive rules for the assessment of State aid in the energy sector. The new text adopted on 9 April 2014 will create the framework for the ability of EU Member...more

SNC-Lavalin at Center of Corruption Scheme Involving Jacques Cartier Bridge

Montreal-based construction and engineering giant SNC-Lavalin is at the center of another Canadian kickback scheme, this time in connection with the $125-million restoration of the Jacques Cartier Bridge....more

Proceed with Caution: D.C. District Court Says Attorney-Client Privilege and Work Product Doctrine Do Not Survive Internal Fraud...

On March 6, 2014, the District Court for the District of Columbia issued an opinion in United States ex rel. Barko v. Halliburton Company et al. that should serve as a wake-up call for all companies conducting internal...more

Crimea River: U.S. Rushes to Impose Sanctions

The situation with respect to U.S. sanctions related to Russia and Ukraine is evolving rapidly. As we previously reported, on March 6, 2014, President Obama issued Executive Order 13660, which authorized the blocking of...more

Avoid the Quick Fix: Addressing Government Contracting Ethical Breaches That Can Destroy A Business

For the last 15 years, the Foreign Corrupt Practices Act (FCPA) has garnered the most “compliance” attention by companies and the media due to the severe penalties associated with the bribing of foreign government officials....more

U.S. Department of Energy Grants Long-Term Contract to Cameron LNG

On February 11, 2014, the U.S. Department of Energy issued an order conditionally granting long-term contract authorization to export liquefied natural gas by vessel to non-free trade agreement nations from the Cameron LNG,...more

Miners Triumph And Opinion Release 14-01

On this date in 1966, the Texas Western University (now UTEP) Miners won the NCAA Basketball Championship, beating the University of Kentucky Wildcats. Now the first round has not even started by March 19, but it is not the...more

Supreme Court Holds That Arbitrators, Not Courts, Are To Interpret A Treaty’s Arbitration Prerequisite

The United States Supreme Court has held that arbitrators, not courts, bear the primary responsibility for interpreting and applying a local litigation requirement of an investment treaty between the United Kingdom and...more

Getting the Deal Through – Anti-Corruption Regulation 2014: Bermuda

1. International anti-corruption conventions: To which international anti-corruption conventions is your country a signatory? - Bermuda is a self-governing British overseas territory, whose legal system is based...more

Electrify Africa Act: Catalyzing Investment Opportunities in Sub-Saharan Africa

On February 27, 2014, the House Committee on Foreign Affairs passed H.R. 2548, the Electrify Africa Act, to improve access to electricity in sub-Saharan Africa, through a comprehensive U.S. government approach to electricity...more

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