Join us for a new webinar in our Leading with Influence series that will explore and highlight the most significant areas of development and drivers of change for today’s general counsel. In this episode, the speakers will...more
In the second of our series about what to watch for in government contracts in fiscal year 2018, we focus on Cybersecurity, Cloud-Based Services, Employment Regulations, M&A, FCA enforcement, and Block Chain....more
In the three months since the U.S. Supreme Court issued its decision in Universal Health Services v. United States ex rel. Escobar, lower court decisions suggest a trend of strict interpretation of the high court’s...more
9/22/2016
/ Burden of Proof ,
Corporate Counsel ,
False Claims Act (FCA) ,
False Implied Certification Theory ,
Federal Contractors ,
Federal Pleading Requirements ,
Implied Certification ,
Material Misrepresentation ,
Materiality ,
Motion to Dismiss ,
Standard of Review ,
Universal Health Services Inc v United States ex rel Escobar
In 2014, the Small Business Administration reported that almost a quarter of approximately $367 billion of eligible funding for small business contracting, or roughly $91.7 billion, was awarded to small businesses as prime...more
10/29/2015
/ Certifications ,
Department of Justice (DOJ) ,
False Claims Act (FCA) ,
False Statements ,
Federal Contractors ,
Fraud ,
GAO ,
Indemnification ,
Misrepresentation ,
OIG ,
Qui Tam ,
SBA ,
Scienter ,
Settlement ,
Small Business ,
Subcontractors ,
Veterans ,
WOSB
In This Issue:
- Right to Modify?
- International Brands May Trigger Cross-Border Interest in EU Tenders
- Q&A with James Koukios
- GSA Data Reporting
- International IT Companies Face Continuing...more
On Feb. 25, 2015, the Sixth Circuit became the latest federal court of appeals to weigh in on the scope of the False Claims Act’s public disclosure bar in its decision in United States ex rel. Whipple v. Chattanooga-Hamilton...more
On February 25, 2015, the Sixth Circuit became the latest federal court of appeals to weigh in on the scope of the False Claims Act’s (FCA) public disclosure bar in its decision in United States ex rel. Whipple v....more
3/5/2015
In This Issue:
- Protection of Security Relevant Information vs. Enhancement of Global Competition – Germany's "No Spy Decree" for Public Tenders under Continuous Scrutiny
- RWIND Tenderer Test: Objective or...more
In This Issue:
- Recent Trends in FCPA Enforcement – First Half of 2014
- Ukraine/Russia–Related Sanctions
- New Executive Order Places Additional Reporting Obligations on Government Contractors and...more
10/14/2014
/ China ,
Emerging Technology Companies ,
Enforcement Actions ,
Federal Contractors ,
Foreign Corrupt Practices Act (FCPA) ,
Reporting Requirements ,
Russia ,
Sanctions ,
Suspensions & Debarments ,
Ukraine ,
World Bank
On June 26, 2014, the World Bank’s Office of Suspension and Debarment (OSD) released its public report covering sanctions arising from World Bank-financed projects during OSD’s first six years of operation. The report...more
In This Issue:
- The New Front in U.S. Sanctions: Ukraine and Russia
- Electronic Invoicing in EU Public Contracts
- German and EU Rules on Joint Bids
- Q+A Corner with Melissa Milstead, Associate General...more
On November 18, 2013, the U.S. Department of Defense (DOD) published an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) that will likely prove controversial through the inclusion of supply...more
Now that the government shutdown has ended, contractors must quickly assess whether and how to recover any additional costs that were caused by the shutdown. The clock is ticking and any unjustified delay may result in a...more
As the government shutdown winds on, many government contractors and clients have faced stop work orders from the government. Contractors have in turn furloughed their own idle employees. While this is a reasonable and...more
The U.S. Department of Defense (“DOD”) has announced that it will continue to award large contracts during the ongoing federal government shutdown, but that it will not “publicly announce” the contract awards until the...more
There are six steps that every government contractor should take in response to a government shutdown.
STEP 1: INVENTORY AND EVALUATE CONTRACTS -
Contractors should review how their contracts are funded. Fully...more
Last week, the U.S. Department of Health and Human Services’ Biomedical Advanced Research and Development Authority (“BARDA”) announced that it has used “other transactional authority” to enter into a novel, comprehensive...more
The U.S. Government Accountability Office recently opened the door for government agencies to use their waiver authority under the Federal Acquisition Regulation, Subpart 9.5, during a protest to render academic a protester’s...more
The U.S. Government Accountability Office (GAO) recently opened the door for government agencies to use their waiver authority under the Federal Acquisition Regulation (FAR), Subpart 9.5, during a protest to render academic a...more