Suspensions & Debarments

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Business News Digest – April 2014

In this issue: - Cybersecurity Assessments – Using the Tool Well - A SOX in the Gut: Supreme Court Vastly Expands Workplace "Whistleblower" Law - SEC to Scrutinize Never-Examined Investment...more

Annual Report to Congress on Federal Suspension and Debarment System

On March 5, 2014, the Interagency Suspension and Debarment Committee (ISDC or the “Committee”) issued its annual report to Congress on the current state of the Federal suspension and debarment system. The report includes a...more

A New Report, But the Same Approach to Assessing the Federal Suspension and Debarment Program

On March 5, 2014, the Interagency Suspension and Debarment Committee (ISDC) released its report on the status of the federal suspension and debarment system for Fiscal Years 2012 and 2013. The report "discusses the ISDC's...more

Judicial Review of Government Contractor Suspensions

In recent years, the U.S. government has exercised enhanced scrutiny over federal contractors through, among other things, the increased use of its suspension and debarment remedies – fueled in part by reports of contractor...more

New Legislation Would Revamp Suspension and Debarment

On October 29, 2013, the House Oversight and Government Reform Committee approved a bill to restructure suspension and debarment from federal procurement and non-procurement programs. The Stop Unworthy Spending (SUSPEND) Act...more

You Can Go Home Again, but It Could Be a Thorny Path

Spence Barasch knows. You’ll remember that the SEC barred him for a year from appearing and practicing before the Commission for violating federal conflict of interest rules. Barasch was an associate director in the...more

No Bar is Off-Limits: SEC Enforces 2004 Order Barring Accountant

In a rare and aggressive move, the Securities and Exchanges Commission (SEC or Commission) recently sought a court order enforcing an almost decade-old SEC suspension of an accountant and forcing the accountant to disgorge...more

The SUSPEND Act: Fixing What Isn't Broken in the Federal Government's Suspension and Debarment System

The suspension and debarment system has faced increased scrutiny from the private and public sectors alike, which generally argue that the system is broken because the respective authorities are not following, or are...more

NFL Suspends Player for Violent Helmet Swing Towards an Opposing Player

Between the whistles of play, professional football is an arguably violent game....more

Fla. Prosecutor Gets 2 Years’ Suspension for Improper Contacts With Judge

Florida judges acknowledge that “justice requires the appearance of justice.” And given some of the controversial verdicts coming out of the Sunshine State — Casey Anthony and George Zimmerman come to mind — it seems more...more

Whew!

The California Supreme Court recently decided that so long as its notice of appeal is timely filed, a suspended corporation can still pursue the appeal if it later revives its corporate powers. The case, Bourhis v. Lord,...more

Time Considerations in California Occupational License Law

Discussion of special legal and strategic considerations re time and time limits in California professional/occupational licensing law and State actions re license enforcement and discipline. ....more

D.C. Circuit Invalidates Lengthy Exclusion

A recent decision by the D.C. Circuit underscores the large amount of discretion that federal agencies have in determining the length of a debarment or exclusion imposed on a government contractor or program participant....more

Suspensions and Debarments of Government Contractors Increase

Last year Congress and the Office of Management and Budget pushed federal agencies to become more aggressive about suspending and debarring contractors. In October of 2011, a Government Accountability Office report found that...more

Suspension and "Guilt by Association"

A recent federal court decision highlights two important issues relating to excluding contractors from participation in federal government contracting: (1) suspension, and (2) "affiliation."...more

Two New Acts Expand Agency Debarment and Suspension Authority

The 2012 Consolidated Appropriations Act (CAA) and the National Defense Authorization Act (NDAA) broaden the reach of the government’s suspension and debarment authority. The CAA prohibits covered federal agencies from...more

Are Those Real Parts? Government Contractors Must Comply With New Inspection and Reporting Requirements Created by NDAA 2012 for...

The recently enacted National Defense Authorization Act (“NDAA”) of 2012 establishes a host of new requirements for government contractors regarding detection and avoidance of counterfeit electronic parts. These new...more

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