Defense Contracts

News & Analysis as of

Data Rights for Government Contractors

In this presentation: - FAR AND DFAR - TYPES OF DATA - TECHNICAL DATA - COMPUTER SOFTWARE - COMMERCIAL COMPUTER SOFTWARE - TYPES OF RIGHTS - LICENSE RIGHTS - BAYH-DOLE...more

Supreme Court Unanimously Upholds FCA Statute of Limitation Defense and Clarifies Applicability of the First-to-File Bar in KBR...

Tuesday, the Supreme Court of the United States released a unanimous opinion in Kellogg Brown & Root Services Inc. v. United States ex rel. Carter, resolving a pair of open procedural questions that frequently arise in False...more

Red Notice Newsletter - April 2015

Welcome to the April 2015 edition of Red Notice, a publication of Akin Gump Strauss Hauer & Feld LLP. This month in anticorruption developments, Canadian transportation giant faces scrutiny for alleged bribery in South...more

Weekly Update Newsletter - January 2015 #3

GOVERNMENT CONTRACTS - DoD Issues Proposed Rule to Amend DFARS Past Performance Information Retrieval System – Statistical Reporting (PPIRS-SR) (DFARS Case 2014-D015) - The Department of Defense (DoD) issued a...more

Making a List, and Checking It Twice… Compliance Tips for Holiday Business Gifts

On November 17, the U.S. Securities and Exchange Commission (SEC) announced that it had sanctioned two former sales employees in the Dubai office of FLIR Systems Inc., a U.S.-based defense contractor, for violations of the...more

False Claims Act Settlements At Torrid Clip For FY 2015

Just one month into fiscal year ("FY") 2015, the Government already has secured False Claims Act ("FCA") settlements worth approximately half of a billion dollars. At this rate, companies could end up paying almost $6 billion...more

SEC Brings Its Sixth Insider Trading Action As An Administrative Proceeding Since September

The SEC is clearly bringing more cases as administrative proceedings. To be sure, many of its “broken windows” actions are brought in that forum. At the same time, it is brining other cases which are traditionally brought as...more

Defense Appropriations "Wage Theft" Amendment May Bar Employers with FLSA Violations from Defense Contracts

Late last month, the Senate referred the Fiscal Year 2015 Defense Appropriations Act to the Senate Committee on Appropriations for consideration. The House of Representatives passed its version (H.R. 4870) on June 20 with...more

Aerospace & Defense Series: DOD Study Touts Competition Benefits in Military Purchases—Creates Implications for Future Antitrust...

It is a general tenet that competition serves customers well, enabling them to acquire better products at lower prices. Of course, this premise underlies the antitrust laws. In the aerospace and defense industry, the...more

Careful Measures May Be Needed to Protect Privileged Internal Investigative Materials

In March, the U.S. District Court of the District of Columbia ordered defense contractors Kellogg Brown and Root Inc. and Halliburton’s (“KBR”) legal department to produce internal investigative reports that KBR contended...more

Gaps in New DOD Counterfeit Parts Rules Raise Compliance Questions for Contractors

The U.S. Department of Defense (DOD) published, on May 6, 2014, its first set of final regulations imposing specific obligations on defense contractors and their suppliers for the detection and avoidance of counterfeit...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

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

Five Cost/Price Evaluation Lessons From Recent Bid Protest Decisions

Introduction - In this era of sequestration and decreased defense spending, paying close attention to cost and price issues is of paramount importance to contractors submitting proposals to the federal government. Nine...more

Defense Department Issues Final Rule Requiring Safeguards For Unclassified Technical Information And Cyber Incident Reporting

On November 18, 2013, the Department of Defense (DOD) published a Final Rule amending the Defense Federal Acquisition Regulation Supplement (DFARS). The new rule, which is effective immediately, is likely to have broad...more

New DoD Rule Promotes Voluntary Sharing of Cyber-Security Threat Information Between DoD and Defense Contractors

On October 22, 2013, the Department of Defense (DoD) published its Final Rule establishing a program for promoting voluntary sharing of cyber threat information between the DoD and government contractors. The DoD intends this...more

Congress Addresses Cybersecurity in National Defense Authorization Act by J.C. Boggs and Alexander K. Haas

Given the failure to enact comprehensive cybersecurity legislation last year, Congress included several targeted statutory provisions setting federal defense policy on a range of cybersecurity issues in the National Defense...more

Cybersecurity Provisions Enacted under 2013 National Defense Authorization Act

On January 2, 2013, President Obama signed the 2013 National Defense Authorization Act for 2013 (NDAA) into law. Each year Congress passes the NDAA to authorize funding levels for Department of Defense (DoD) programs and...more

DoD’s “Better Buying Power 2.0:” More Flexibility in Contract Formation

A recently issued memorandum from the Department of Defense (“DoD”) promises changes to the formation and administration of defense contracts. This could be good news for contractors....more

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