Military Updates

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Managers Beware: Individual Liability Confirmed Under USERRA

The Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA”), 38 U.S.C. §§ 4301–4335, prohibits discrimination against employees and potential employees based on their military service and imposes certain...more

Deadline Extended for Requesting Direct Access to Military Loan Act Database

The Department of Defense has extended the deadline for requesting direct access to its Military Loan Act (MLA) Defense Manpower Data Center (DMDC) database until February 15, 2016. Under amendments to the MLA's implementing...more

Government Contractors Brace For Continuing Changes in Cybersecurity Regulations

The federal government has responded to recent data breaches by making cybersecurity a top priority, and it continues to consider and implement a number of regulations that affect government contractors. Over the past...more

Africa Update - January 2016 #4

Leading the News - Burundi - On January 22nd, during a visit to Bujumbura, the United Nations (U.N.) Security Council met with Burundian President Pierre Nkurunziza to advocate for peace talks and the deployment of...more

Appellate Court Refuses to Vacate Voluntary Dismissal Undertaken With Mistaken Belief Claim Was Time-Barred

In Cottrell as Trustee v. Taylor, Bean & Whitaker Mortgage Corp., 41 Fla. L. Weekly D141f, 2D14-5885 (Fla. 2d DCA Jan. 8, 2016), Florida’s Second District Court of Appeal examined the applicability of Rule 1.540(b) to notices...more

Burr Alert: Our Military and Special Needs Trusts for Dependents

Prior to 2015, members of and retirees from the military could not designate any portion of their military Survivor Benefit Plan ("SBP") to a special needs trust ("SNT"), even when a child of that service member needed the...more

Film Highlights National Security Need for Renewable Energy

When one thinks of renewable energy and the growing movement to reduce dependence on fossil fuels, the US military is not, perhaps, the first thing that comes to mind. In reality, however, the military is tied inextricably to...more

US Government Contractors Face Another Reporting Obligation under Proposed Rule for Payment of Subcontractors

If adopted as proposed, the costs to government contractors to implement changes necessary to meet the reporting obligations could be substantial. On January 20, the Department of Defense, General Services...more

Africa Update - January 2016 #3

Leading the News - Burkina Faso - On January 15th, Al Qaeda in the Islamic Maghreb (AQIM) claimed responsibility for a string of attacks in Burkina Faso that took the lives of 29 civilians from at least seven...more

Navy Launches “Great Green Fleet” Featuring Biofuel Powered Ships

On January 20, 2016, U.S. Navy (Navy) Secretary Ray Mabus and U.S. Department of Agriculture (USDA) Secretary Tom Vilsack launched a Carrier Strike Group (CSG) of ships running up to 50 percent biofuels as part of the "Great...more

Air Force Welcomes Comments On Red Rock Biofuels Facility Environmental Assessment

The U.S. Air Force (USAF) Research Laboratory has developed a Draft Environmental Assessment and a Draft Finding of No Significant Impact (FONSI) for the development of the Red Rock Biofuels facility in Lake County, Oregon....more

The DBA's Exclusive Workers Compensation Scheme for Overseas Government Contractor Personnel

Understanding the preemptive role of the Defense Base Act (‘‘DBA’’) is crucial for any federal government contractor performing overseas work for the US military or federal departments or agencies. The DBA creates an...more

D.C. Appeals Court: Coast Guard May Impose Non-Financial Conditions for Departure Clearance in “Magic Pipe” Case

In Watervale Marine Co. v. U.S. Dep’t of Homeland Sec., the U.S. Court of Appeals for the District of Columbia Circuit recently affirmed a district court ruling allowing the Secretary of the Department of Homeland Security –...more

What Implementation of the Iran Nuclear Deal Means for U.S. Companies and Their Subsidiaries Abroad

If you read one thing... - There are far greater opportunities for U.S. companies with respect to Iran, particularly through foreign subsidiaries and in the commercial aviation sector, however, U.S. persons and...more

The FCPA Risks of Teaming in the Defense Industry

As reported in the December 25, 2015 New York Times (NYT) article, “U.S. Foreign Arms Deals Increased Nearly $10 Billion in 2014,” “foreign arms sales by the United States jumped by almost $10 billion in 2014, about 35...more

Africa Update - January 2016 #2

Leading the News - Burundi - On January 12th, the Burundian Justice Ministry indicated the verdict on the trial of former Defense Minister Cyrille Ndayirukiye and 27 others accused of plotting the failed coup...more

Termination for Default Held Improper

A contractor performed a project involving the construction of stone dike extensions and other work at four sites on the Mississippi River. Nelson, Inc. ASBCA No. 57201 (December 15, 2015). One of the issues was whether the...more

OFCCP Regulations Prohibiting Pay Secrecy Policies & Required Posting Effective Now

Executive Order 13665 & Pay Transparency Regulations Effective Now - Following the NLRB’s lead on employee rights regarding discussion of confidential wage issues, Executive Order 13665 and the Office of Contract...more

False Claims Act Update: A Statistical Review of 2015 and Key Events for 2016

As reported by the Department of Justice (DOJ) in a December 2015 press release, the False Claims Act (FCA) remains the federal government’s primary means for combating fraud. In 2015, the DOJ recovered $3.583 billion in FCA...more

Department of Defense Revises Landmark Cybersecurity Rule, Extends Deadline for Some Compliance Requirements

On December 30, 2015, the Department of Defense (DoD) issued a second interim rule on Network Penetration Reporting and Contracting for Cloud Services, amending an earlier version issued on August 26, 2015. The new, amended...more

Extension given to DOD contractors to comply with cybersecurity requirements

The U.S. Department of Defense (DOD) issued an interim rule on December 30, 2015 that extended the deadline for DOD contractors to comply with security requirements for protecting non-classified, but sensitive government...more

Timely Documentation is Critical

In a recent decision by the Armed Services Board of Contract Appeals, Dick Pacific Construction Co., Ltd., ASBCA No. 57675 et. al., decided on December 15, 2015, the Board repeated something that has been said many times...more

Congress Enacts Major Cybersecurity Legislation

On December 18, 2015, Congress passed, and the President signed, the Cybersecurity Act of 2015, which provides authorization and liability protection for cybersecurity monitoring and information-sharing and authorization for...more

DoD Grants Contractors a Reprieve: Cybersecurity Compliance is Delayed

The U.S. Department of Defense (DoD) released interim rules on Aug. 26, 2015, setting forth (i) information system security requirements; (ii) mandatory cyber breach reporting; and (iii) cloud computing standards and...more

Department of Veterans Affairs Issues Final Rules for Expanded Access to Non-VA Care through the Veterans Choice Program

The Department of Veterans Affairs (VA) recently issued its final rules and regulations for the Veterans Choice Program (VCP), a program established pursuant to the Veterans Access, Choice and Accountability Act of 2014 (the...more

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