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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

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

Department of Defense Provides Government Contractors a Grace Period for Compliance with Key Cybersecurity Requirements

In response to industry concerns and comments, on December 30, 2015, the Department of Defense issued a new interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) cybersecurity rules promulgated...more

Citizen, Soldier, Small-Business Owner? Commercial Lending and The Servicemembers Civil Relief Act

The Servicemembers Civil Relief Act, 50 U.S.C.A. § 3901, provides certain protections to military service members regarding their financial obligations. The act applies to virtually every type of debt that a service member...more

Corruption’s Impact on the Rule of Law & Security: Moving from the Vicious to the Virtuous

No country is free from the risk of corruption, but from Ukraine to Afghanistan, from Nigeria to Iraq, the tide is turning on the acceptance of corruption as a benign issue that ‘greases the wheels of bureaucracy.’ Rather,...more

An Evolving Landscape: Timeliness of government disallowance of expenses contained in incurred cost proposals may depend on...

The last three years have seen a run of Contract Disputes Act (CDA) statute of limitations (SOL) cases involving contractor incurred cost proposals (ICP). The sledding has been more difficult for contractors after the Federal...more

More Whistleblowing Means More Worries for Employers

If you are an employer in the health care or defense industry, in addition to compliance with the panoply of employment laws you must adhere to, employers must also be attuned to their exposure to whistleblower claims under...more

Spotlight on the Military Lending Act, Part 3: Falling in Line with MLA Compliance

With recent changes in the regulations implementing the Military Lending Act (“MLA”), creditors are now reevaluating their compliance plans to ensure they are prepared for the new regulations. Although there is no formal...more

New Defense Department Guidance on Mergers and Acquisitions

On September 30, the U.S. Department of Defense (DoD or the Department) issued new guidance that reaffirmed its earlier view that it would not look favorably on mergers of “top tier defense firms.” The Department declared...more

Department of Defense Issues New Cybersecurity Rules for Defense Agencies That Use Contractors and Cloud Services to Hold...

The U.S. Department of Defense (DOD) recently published an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS).1 The interim rule, effective August 26, 2015, focuses on two issues. First, the...more

Director Corday testifies before House Committee on Financial Services

On Wednesday, September 29, CFPB Director Richard Cordray appeared before the House Committee on Financial Services to answer questions regarding the Bureau’s activities since March. Director Cordray used his introductory...more

DoD Issues White Paper Aimed at IR&D Costs

On August 26, 2015, the Department of Defense (“DOD”) issued a White Paper announcing that, beginning in FY 2017, all defense contractors will be required to notify DOD before undertaking any new Independent Research and...more

Proposed rule clarifies contractor requirements for counterfeit electronic part detection and avoidance

Yesterday, September 21, 2015, the Department of Defense (DOD) published a proposed rule in the Federal Register that would amend the Department of Defense FAR Supplement (DFARS) to further implement Section 818 of the...more

Weekly Update Newsletter - August 2015 #3

GOVERNMENT CONTRACTS - DOD Issues Interim Rule to Amend DFARS: Network Penetration Reporting and Contracting for Cloud Services (DFARS Case 2013-D018)- The Department of Defense (DOD) issued an interim rule to amend...more

Revised Military Lending Act Rules Impose New Compliance Obligations on a Wide Variety of Creditors

The Department of Defense (DOD) recently finalized amendments to its Military Lending Act (MLA) regulations that impose new compliance obligations on a wide variety of creditors, including issuers of credit cards and...more

Conduct Unbecoming Of An Officer And An Employee?

In proposing executive compensation recoupment rules, the Securities and Exchange Commission either overlooked or failed to recognize an important legal distinction. The proposed rules would require national securities...more

DC Circuit reaffirms confidentiality of internal investigation communications

For the second time in 14 months, the US Court of Appeals for the DC Circuit has taken the extraordinary step of issuing a writ of mandamus to stop a federal district court from requiring a federal government contractor to...more

PilieroMazza Legal Advisor - Third Quarter 2015

NOW’S THE TIME FOR SBA TO EXPAND WOSB-ELIGIBLE INDUSTRIES - On May 1, 2015, the U.S. Small Business Administration issued a proposed rule to amend its regulations to implement Section 825 of the National Defense...more

Export Control Reform Roundup – Overview of Recent Developments

In This Issue: - I. BIS and DDTC Publish Their Respective Proposed “Bookend” Controls on Toxicological Agents and Directed Energy Weapons - II. BIS and DDTC Publish Their Respective Proposed “Bookend” Definitions...more

National Bank to Pay $30 Million Civil Penalty to OCC for Alleged SCRA Violations

On May 29, the OCC entered into a consent order with a national bank to resolve allegations that it (i) violated the SCRA; (ii) engaged in unsafe and unsound practices in its efforts to comply with the SCRA; and (iii) engaged...more

An attempt at Harmonization: Export Documentation Changes

The Bureau of Industry and Security (BIS) is currently accepting comments on methods of improving the Export Administration Regulations (EAR) as well as harmonizing these regulations with the clearance requirements under the...more

California-Based Storage Company Agrees to Settle SCRA Claims

On May 15, a San Diego-based storage company entered into a consent order with the DOJ to settle claims that the company’s practice of auctioning off active duty servicemembers’ stored belongings violated the Servicemembers...more

Agencies Issue Proposed Rule, Guidance on Blacklisting Executive Order

The federal agencies charged with implementing President Obama's July 31, 2014 Fair Pay and Safe Workplaces Executive Order have released their much-anticipated proposed rule on this directive. On May 27, 2015, the Department...more

Is Your Company a Federal Government Contractor?

Many automotive suppliers do not consider themselves federal government contractors because they only sell goods and services to the major OEMs and not directly to the federal government. However, purchase orders with OEMs or...more

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