News & Analysis as of

Vendors Subcontractors

Wiley Rein LLP

Federal Circuit Expands Standing and Jurisdiction in Protests at the Court

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WHAT: In Percipient.ai, Inc. v. United States, a split panel of the U.S. Court of Appeals for the Federal Circuit held that the Federal Acquisition Streamlining Act (FASA) “task order bar” does not apply to claims that an...more

Jackson Lewis P.C.

Downstream Breaches Cause Headaches for Healthcare Providers, as State AG Seeks Law Change to Require AG Notification

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For healthcare providers and health systems covered by the privacy and security regulations under the Health Insurance Portability and Accountability Act (HIPAA), a breach of unsecured protected health information (PHI)...more

Mitratech Holdings, Inc

5 GRC Trends and Resolutions for a More Secure 2024

Elevate your resilience in the new year by understanding top GRC trends, patterns, and best practices across AI, TPRM, cyber risk, and more. As we step into 2024, technological advancements and an increasingly connected —...more

J.S. Held

Project Monitoring: The “Eyes & Ears” of Construction - Third Edition

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Meta Description: Learn about the significance of project monitors in the construction industry. Understand their role, daily tasks, and impact on ensuring accuracy, value, and timeliness toward project completion....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

NLRB Casts Wider Joint-Employer Net With New Final Rule

On October 26, 2023, the National Labor Relations Board (NLRB) issued a final rule for joint-employer status that will make it far more likely for one business to be deemed a joint employer of another business’s employees...more

Porter Hedges LLP

ComEd Settlement Proves the Foreign Corrupt Practices Act Is Not Limited to Foreign Corruption

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On September 28, 2023, the Securities and Exchange Commission (“SEC”) announced that it reached a settlement with Exelon Corporation and its subsidiary, Commonwealth Edison Company (“ComEd”), relating to charges that ComEd...more

Benesch

GSA/DoD Transportation Law Primer

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Many government agencies accomplish their critical missions by using private transportation and logistics services. The General Services Administration (GSA) is often the key federal agency for managing private procurement of...more

StoneTurn

Insider Risk: Construction Spotlight - StoneTurn

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Insider Risks often generate images of cyber breaches or government leaks. But experience shows us Insiders can impact any industry, and often fly under the radar until something occurs. Whether you’re an owner, a developer,...more

Mintz - Health Care Viewpoints

Are You Ready? How to Prepare for the End of OCR’s Public Health Emergency HIPAA Enforcement Discretion

In April, 2020, in an effort to facilitate a national pivot to telehealth in light of the COVID-19 Public Health Emergency (PHE), the U.S. Department of Health & Human Services Office for Civil Rights (OCR) announced a policy...more

DarrowEverett LLP

AIA Contracts are Especially Best Measured Twice and Cut Once

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In fast-paced industries such as the construction industry, it is easy to assume that standardized form contracts provided by the American Institute of Architects (“AIA”) will prevent, rather than cause, problems further down...more

BakerHostetler

Dead End for Class Certification? Ninth Circuit Provides Roadmap for Defending Independent Contractor Misclassification Class...

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For businesses using independent contractor vendors, misclassification claims are usually well-suited for class certification. A plaintiff’s path toward certifying a class can be relatively smooth when all vendors of a...more

Shutts & Bowen LLP

Employer Insights: Florida’s E-Verify Requirements in 2021

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Last year, a new law was enacted requiring public and private employers to comply with Florida’s new E-Verify mandates, with Fla. Stat. § 448.095 of the Florida Statutes taking effect on January 1, 2021. The law makes the use...more

Bradley Arant Boult Cummings LLP

Now There’s Something You Don’t See Every Day: A Subcontractor Intervening in a Bid Protest

Fans of the classic 1960s cartoon series Rocky and Bullwinkle may recall two minor characters, Chauncey and Edgar, who commented on the action by saying something like this: “Now there’s something you don’t see every day,...more

Bradley Arant Boult Cummings LLP

Timing Is Everything: Miller Act Notice Defect Saves Surety

The Miller Act protects subcontractors from nonpayment on federal projects by requiring prime contractors to issue payment bonds. To obtain relief under the Miller Act, a subcontractor must (1) give the prime contractor...more

Robinson+Cole Data Privacy + Security Insider

Department of Defense Subcontractors: Cybersecurity Compliance is Top Priority

The Office of the Under Secretary of Defense for Acquisition and Sustainment has been on a fast track mission to shore up the cybersecurity measures of defense contractors and the supply chain to the Department of Defense...more

Sheppard Mullin Richter & Hampton LLP

Company’s Vendor Suffers Breach, No Business Associate Agreement, $500K OCR Settlement

A Florida staffing agency which provides physicians to hospitals and nursing homes, has agreed to a $500,000 settlement with the U.S. Department of Health and Human Services, Office for Civil Rights. The settlement comes...more

Bradley Arant Boult Cummings LLP

Three Ways that Counsel Can Assist Defense Contractors Achieve Proactive Compliance with the Department of Defense’s Newly...

Although the Department of Defense (DOD) has long required its contractors to provide “adequate security” to protect “Covered Defense Information,” beginning on January 1 of this year, the Department specified that “adequate...more

Husch Blackwell LLP

Fraud, Forgery & Outright Theft: Strategies To Protect Project Funds

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Contractors who have employees and work with vendors are vulnerable to misappropriation of money and assets. Among industries most affected by fraud, construction ranks eighth, according to the Association of Certified ...more

Proskauer - Law and the Workplace

[Podcast]: Recent Developments Regarding Sexual Harassment in the Workplace

In this episode of The Proskauer Brief, Harris Mufson and Allan Bloom discuss recent legislative developments in New York regarding sexual harassment. We will discuss recently enacted significant measures, including the...more

Pillsbury Winthrop Shaw Pittman LLP

Changes to Supply Chain Management and Commercial Item Contracting in FY 2018 NDAA

For Department of Defense (DoD) acquisitions, the Conference Report for Fiscal Year 2018 NDAA includes provisions that simplify and others that complicate contractor responsibilities. Proposed supply chain diligence...more

BCLP

Reviewing Third Party Vendor Service Contracts

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Managing third party vendor relationships has always been an important function in banks. More recently it has become a hot topic for state and federal financial bank regulators. The increasing complexity of what vendors are...more

Seyfarth Shaw LLP

How Will Browning-Ferris Change the Test for Joint-Employer Status for Union and Non-Union Employers?

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In a ruling that will affect most business relationships and extends far beyond either labor law or the concept of employment generally, the National Labor Relations Board (“NLRB” or “Board”) issued a much awaited decision...more

Holland & Knight LLP

DoD Inspector General Publishes List of Postaward Fraud Indicators

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On July 29, 2015, the Office of the Inspector General for the Department of Defense published on its website new “Contract Audit Fraud Scenario and Indicators for Material Pricing Deficiencies in a Postaward Audit.” While...more

Stinson LLP

Executive Order Requires Government Contractors to Monitor Human Trafficking by Vendors and Subcontractors

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Existing human trafficking-related prohibitions for federal contractors and subcontractors were strengthened recently by the Obama Administration. While there has been an Executive Order outlawing certain "human trafficking...more

Foley Hoag LLP - Global Business and Human...

Human Trafficking and Government Procurement: New Requirements for U.S. Federal Contractors

On January 29, the U.S. Government released a final rule establishing new anti-human trafficking requirements for U.S. government contractors. The rule amends the Federal Acquisition Regulation (“FAR”) and seeks to strengthen...more

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