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U.S. Attorneys’ Offices Adopt Policy Incentivizing Self-Disclosure of Corporate Misconduct

On Feb. 22, 2023, U.S. Attorneys’ Offices throughout the country adopted a new policy that incentivizes corporate voluntary self-disclosure of misconduct. Deputy Attorney General Lisa Monaco’s Sept. 15, 2022 memorandum...more

Analysis of DOJ’s FY 2022 FCA Statistics and the Mixed Signals Therein

Earlier this month, the U.S. Department of Justice (DOJ) announced that it recovered over $2.2 billion under the False Claims Act (FCA) in Fiscal Year 2022. That is a steep drop from last year’s near-record $5.7 billion haul...more

Federal Court Upholds Federal Contractor Minimum Wage Increase

On Jan. 6, 2023, the U.S. District Court for the District of Arizona upheld President Joe Biden’s authority to issue an Executive Order (EO) increasing the minimum wage for federal contractors and subcontractors to $15 per...more

Government Contractor Vaccine Mandate Remains Paused, Pending Guidance

Last year, the U.S. District Court for the Southern District of Georgia issued a nationwide injunction against President Biden’s federal contractor COVID-19 vaccine mandate in Executive Order 14042. On Aug. 26, 2022, as...more

Eleventh Circuit Narrows Scope of Contractor Vaccine Mandate Injunction

Last year, the U.S. District Court for the Southern District of Georgia issued a nationwide injunction against President Biden’s federal contractor COVID-19 vaccine mandate in Executive Order 14042. On Aug. 26, 2022, the U.S....more

Department of Labor Proposes Rule Granting Government Contractor Employees Right of First Refusal

On July 15, 2022, the U.S. Department of Labor issued a Notice of Proposed Rulemaking (NPRM) that would require successor contractors to offer employees of predecessor contractors the first right of refusal for employment on...more

DOJ and Aerojet Settle for $9 Million in Qui Tam Cybersecurity False Claims Act Case

On July 8, 2022, the U.S. Department of Justice announced a $9 million settlement with federal government contractor Aerojet Rocketdyne, Inc. for alleged violations of the False Claims Act (FCA) in a case pending in the...more

Federal “Ban the Box” Regulations Proposed

The U.S. Office of Personnel Management (OPM) proposed initial regulations to implement the Fair Chance to Compete for Jobs Act of 2019 (Fair Chance Act). The proposed regulations would apply to federal employees and will...more

New Revelations in Ukraine Lead to Tightening Global Sanctions

As the world watched in horror over the atrocities occurring in the war zones of Ukraine this week, global leaders re-doubled their efforts to bring increasing sanctions pressure to bear on Russian industry, the Russian...more

Largest-Ever Small-Business Contracting Fraud Settlement Related to Pass-Through Subcontracting

Federal contractors should take note of a recent, record-setting False Claims Act (FCA) settlement between the Department of Justice (DOJ) and TriMark USA LLC involving alleged fraud with respect to small-business set-aside...more

Western Companies Starting to Feel Impact of Russian Sanctions

As we approach the thirty day mark since the United States, and other Western countries began imposing a series of rigorous sanctions on the Russian economy and key components thereof, we are starting to see real evidence of...more

DOJ Settles First False Claims Act Enforcement Action Since Launch of Civil Cyber-Fraud Initiative

On March 8, 2022, the U.S. Department of Justice (DOJ) announced a $930,000 settlement with Comprehensive Health Services, LLC (CHS) for alleged violations of the False Claims Act (FCA). This settlement marks DOJ’s first...more

Biden Administration Amends “Buy American” Rules to Increase Domestic Content Requirements

On March 7, 2022, the Federal Acquisition Regulatory Council promulgated a final rule aimed at increasing federal government preferences for goods and construction materials that are domestically manufactured and increasing...more

DOJ Launches “Task Force KleptoCapture” in Response to Russian Invasion

Last week, the U.S. Department of Justice (DOJ) announced the launch of an aggressive interagency law enforcement task force, Task Force KleptoCapture. The Task Force represents another U.S. enforcement initiative in response...more

U.S. and Allies Significantly Expand Sanctions and Related Restrictions on Russia and Belarus

Over the last several days, the United States and allies in North America, Europe, and Asia have announced a sweeping expansion of the sanctions levied against Russia and affiliated entities and individuals in the wake of...more

Biden Administration Sanctions Russia for Actions in Ukraine

Building on Monday’s Executive Order imposing sanctions on the so-called Donetsk and Luhansk People’s Republics (DNR and LNR, respectively) in Ukraine, the Biden Administration on Tuesday sanctioned two major Russian...more

Biden Administration Issues Initial Ukraine Sanctions

In response to the deteriorating political and military situation on the Ukraine border, last night the Biden administration issued an initial set of sanctions targeting activities involving the Donetsk and Luhansk regions of...more

Analysis of DOJ’s 2021 FCA Statistics and the Trends Therein

Last week, the U.S. Department of Justice (DOJ or Department) announced that it recovered over $5.6 billion under the False Claims Act (FCA) in Fiscal Year 2021. That is a massive headline haul that is second only to the...more

What Significant Russian Sanctions Could Look Like, and How to Prepare

As the crisis on the Ukrainian border persists, companies with exposure to Russian markets and counterparties are being forced to reckon with the possibility that a Russian invasion of Ukraine could result in imposition of...more

Federal Fair Chance Act Will Soon Require Federal Contractors to “Ban the Box”

In December 2021, covered federal contractors may start seeing new or amended solicitations and contract clauses that prohibit them from inquiring into job applicants’ criminal backgrounds. The federal Fair Chance to Compete...more

Judge Issues Nationwide Injunction Halting Federal Contractor Vaccine Mandate

On Dec. 7, 2021, the U.S. District Court for the Southern District of Georgia granted a motion for preliminary injunction in State of Georgia v. Biden, temporarily halting enforcement of President Biden’s federal contractor /...more

Judge Temporarily Halts Enforcement of Federal Contractor Vaccine Mandate in Three States

On Nov. 30, 2021, the U.S. District Court for the Eastern District of Kentucky granted a motion for preliminary injunction in Commonwealth of Kentucky, et al. v. Biden, et al., finding that President Biden’s broad authority...more

CMMC 2.0: Department of Defense Revamps Cybersecurity Maturity Model Certification Program

On November 4, 2021, the Department of Defense (DoD) announced significant changes to the strategic direction of the Cybersecurity Maturity Model Certification (CMMC) program. Specifically, DoD stated that the goal of these...more

Mandatory Vaccination Coverage Expanded in Practice for All Federal Contractors and Subcontractors

As McGuireWoods noted in a Sept. 10 alert, Sept. 20 FAQs and Sept. 27, 2021 update, part of the Biden administration’s COVID-19 vaccination mandates applies only to federal contractors and subcontractors. And, even then, the...more

Department of Justice Announces National Cryptocurrency Enforcement Team

On October 6, 2021, the U.S. Department of Justice (DOJ) announced its plans for increased scrutiny of the cryptocurrency market with the creation of a National Cryptocurrency Enforcement Team (NCET) to pursue criminal...more

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