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Military Updates

Read need-to-know updates, commentary, and analysis on Military issues written by leading professionals.

Armed Services Board of Contract Appeals Backlog Shrinks, But Challenges Remain

The ASBCA’s FY2017 Annual Report reveals interesting facts and trends for contractors deciding whether to litigate at the Board or the Court. The ASBCA’s 2017 annual report offers some revealing statistics concerning the...more

Today, President Trump Decertified the Iran Deal and Announced Tougher Sanctions on Iran

What does decertification mean? For the time being, decertification is a solely U.S. issue. Under the Iran nuclear agreement (known as the Joint Comprehensive Plan of Action, or JCPOA), Iran agreed to limits on its nuclear...more

De-Certification and the Iran Nuclear Deal: The Beginning of the End, or Much Ado about Nothing?

by Hogan Lovells on

Press reports indicate that President Trump intends to “de-certify” the Iran nuclear deal this week. In practical terms, that means he would refuse to re-certify one or more statutory elements of a law passed by the U.S....more

Change comes to the Defense Security Service: The Transition from e-FCL and ISFD to NISS on October 30, 2017

by Hogan Lovells on

On October 30, 2017, the U.S. Department of Defense (DoD) Defense Security Service (DSS) will complete its transition to the National Industrial Security System (NISS). The NISS will replace two predecessor systems: the...more

DoD Issues Guidance for Compliance with Cybersecurity Regulations

by Holland & Knight LLP on

• In recently released guidance, the U.S. Department of Defense (DoD) confirms a "one size does not fit all" approach to contractor compliance with its cybersecurity clauses that cover the safeguarding of contractor networks,...more

Department of Veterans Affairs Aims to Trump State Telemedicine Rules

The U.S. Department of Veterans Affairs (“VA”) is taking a significant step towards expanding needed services to Veterans by proposing a rule to preempt state restrictions on telehealth....more

DoD Contractor’s DFARS Cybersecurity Deadline

At this time last year, the Department of Defense issued a Defense Federal Acquisition Regulation Supplement (DFARS) intended to better protect controlled data and national security networks from cybersecurity threats....more

Auto-finance companies agree to pay nearly $800,000 to settle Justice Department allegations regarding SCRA auto repossession...

by Ballard Spahr LLP on

The United States Department of Justice announced last week that Westlake Services LLC and its subsidiary, Wilshire Consumer Capital LLC, have agreed to pay $760,788 to resolve allegations the companies violated the...more

MLA Compliance Deadline For Credit Card Accounts Is Tuesday, October 3

by Ballard Spahr LLP on

The Military Lending Act (MLA) will apply to credit card accounts starting Tuesday, October 3. The final rule took effect last October but provided a one-year exemption for “credit extended in a credit card account under an...more

Secretary Mattis to Convene Panel of Experts to Study Transgender Service in the Military – Can He Do That?

by Bowditch & Dewey on

On August 25, 2017, President Trump released a memorandum banning transgender individuals from the military. Following this announcement, Secretary of Defense James Mattis (“Secretary Mattis”) said he would convene a “panel...more

FTC launches military task force webpage

by Ballard Spahr LLP on

The FTC has launched a new page on its website dedicated to its Military Task Force. According to the FTC, it created the Task Force “to focus on identifying the particular needs of military consumers and developing...more

Omaha Breach: Doctrine of First Breach May Hinge on Correct Contract Interpretation

Which party first breached a contract often plays a determinative role in assessing entitlement for damages in a contract dispute. This theory is often referred to as the First or Material Breach Doctrine....more

Protection of servicemembers, Equifax data breach provide mistaken justifications for CFPB arbitration rule

by Ballard Spahr LLP on

In a mistaken attempt to justify the CFPB’s arbitration rule, supporters are pointing to the need to protect the rights of military servicemembers and the recent Equifax data breach. On September 20, Democratic Senator Jack...more

Why does the military get to discriminate against the transgender community? Is this even legal?

by Bowditch & Dewey on

This question is the most recent culmination of a long line of military-related issues with the LGBT community that far pre-date the Trump Administration. Historically, the military took the position that transgender people...more

Transgender Men and Women and the U.S. Military

by Bowditch & Dewey on

Assuming that our readers read, watch, or listen to the news, then you already know what is happening. But in case you do not: the Trump administration issued a Presidential Memorandum that forbids transgender individuals...more

Navy Investigating Whether Ship Collision Resulted from Cyber-Attack

The United States Navy is investigating whether the recent collision of the USS John S. McCain with a Liberian tanker off Singapore may have been caused by a cyber-attack....more

New Texas Laws Taking Effect September 1, 2017

by FordHarrison on

Though employment issues were not the focus of the 85th Regular and Special Legislative Sessions of the Texas Legislature, Texas employers should be aware of a handful of new Texas laws which take effect September 1, 2017....more

NYC Human Rights Law Amended to Prohibit Discrimination Against Uniformed Service Members and Veterans

NYC Mayor Bill de Blasio has signed into law an amendment to the New York City Human Rights Law (NYCHRL) adding current or prior service in the uniformed services as a protected class under the law. The amendment will take...more

Management Alert – The Current Federal Retrenchment on LGBT Rights

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The first eight months of the new administration signals a retrenchment on the executive branch’s view of legal protections due LGBT individuals, including in employment....more

Six Crucial Points About the New Russia, Iran and North Korea-Related Sanctions Law

Russia-Related Sanctions Codification: The new law codifies sanctions executive orders related to circumstances in Ukraine and Crimea as well as certain cyber-enabled activities, restricting the U.S. President's authority to...more

DOJ announces one of largest False Claims Act recoveries concerning U.S. Government small business programs

by Hogan Lovells on

Last week, the Department of Justice (DOJ) announced a $16 million settlement with Virginia-based government defense contractor, ADS Inc., to resolve allegations that ADS and its subsidiaries violated the False Claims Act by...more

Defense Dept. rejects trade group’s request for extension of Oct. 3 MLA compliance date for credit cards

by Ballard Spahr LLP on

The Department of Defense (DoD) is reported to have rejected the request of the National Association of Federally-Insured Credit Unions (NAFCU) to extend the October 3, 2017 date for credit card compliance with the Military...more

New Jersey Expands Protection for United States Armed Forces Members and Veterans under New Jersey Law Against Discrimination

by FordHarrison on

Governor Chris Christie signed into law New Jersey Senate Bill S726, expanding the New Jersey Law Against Discrimination to prohibit all forms of discrimination against members of the Armed Forces and veterans. The law was...more

U.S. Army Issues Memorandum Banning Use of DJI Products Due to Cybersecurity Issues

Last week, the U.S. Army issued a memorandum discontinuing the use of DJI drone products due to cybersecurity concerns. The memorandum said, “Due to increased awareness of cyber vulnerabilities associated with DJI products,...more

New Law Imposes Expansive New Sanctions on Russia, Iran and North Korea While Limiting the President’s Ability to Ease Russia...

On August 2, 2017, President Trump signed into law the Countering America’s Adversaries Through Sanctions Act of 2017 (Pub. Law. No. 115-44, H.R. 3364) (the “Act”), which significantly expands economic sanctions against...more

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