Designed for busy in-house counsel and compliance professionals, this newsletter seeks to bring you up to speed on key federal and state False Claims Act (FCA) developments, with links to primary resources. Each quarter, we...more
7/25/2024
/ Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
False Claims Act (FCA) ,
Fraud ,
Health Care Providers ,
Healthcare Fraud ,
Lenders ,
Lockheed Martin ,
National Institute of Health (NIH) ,
OIG ,
Self-Disclosure Requirements
Earlier this month, the Federal Acquisition Regulatory Council (“FAR Council”) issued an advanced notice of proposed rulemaking (ANPR) to implement parts of Section 5949 of the National Defense Authorization Act (NDAA) for...more
5/17/2024
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Bid Solicitation ,
Contractors ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
National Security ,
NDAA ,
Safe Harbors ,
Semiconductors ,
Subcontractors ,
Supply Chain
On May 2, 2024, the U.S. Department of Defense (DoD) issued an important class deviation that provides necessary relief for contractors endeavoring to comply with ever-changing cybersecurity requirements. The deviation...more
Designed for busy in-house counsel and compliance professionals, this newsletter seeks to bring you up to speed on key federal and state False Claims Act (FCA) developments, with links to primary resources. Each quarter, we...more
4/12/2024
/ Anti-Kickback Statute ,
Department of Defense (DOD) ,
Department of Justice (DOJ) ,
False Claims Act (FCA) ,
Federal Contractors ,
Federal Employees ,
Healthcare ,
Healthcare Fraud ,
Medicare ,
Nursing Homes ,
Popular
Designed for busy in-house counsel and compliance professionals, this newsletter seeks to bring you up to speed on key federal and state False Claims Act (FCA) developments, with links to primary resources. Each quarter, we...more
1/4/2024
/ Anti-Kickback Statute ,
Compliance ,
Cybersecurity ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
False Claims Act (FCA) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Health Care Providers ,
Healthcare Fraud ,
Internal Investigations ,
Patient Referrals ,
Pharmaceutical Industry ,
Popular
On December 22, 2023, President Biden signed the National Defense Authorization Act for Fiscal Year 2024 into law after bipartisan congressional majorities approved the bill earlier in the month. The annual bill authorizes...more
1/3/2024
/ Antitrust Provisions ,
Department of Defense (DOD) ,
Economic Sanctions ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Goods or Services ,
Inflation Adjustments ,
NDAA ,
Popular ,
SDVOSB ,
Small Business ,
Supply Chain
The U.S. Department of Defense released a special holiday treat for government contractors and subcontractors last week in the form of long-promised proposed regulations for its Cybersecurity Maturity Model Certification...more
1/3/2024
/ Chief Information Officers (CIO) ,
Controlled Unclassified Information (CUI) ,
Cybersecurity ,
Cybersecurity Maturity Model Certification (CMMC) ,
Department of Defense (DOD) ,
DFARS ,
Federal Contractors ,
Internet of Things ,
NIST ,
Popular ,
Risk Assessment ,
Risk Management ,
Subcontractors
Presented as part of its effort to lower what it views as excessive prices for prescription drugs, the Biden administration on December 7, 2023, announced the release of a proposed framework to expand the use of government...more
12/19/2023
/ Bayh-Dole Act ,
Biden Administration ,
Drug Pricing ,
Executive Orders ,
Federal Funding ,
March-in-Rights ,
National Institute of Health (NIH) ,
NIST ,
Pharmaceutical Industry ,
Prescription Drugs ,
Research and Development
The Biden administration issued a widely anticipated executive order on artificial intelligence (“AI”) earlier this week. The Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence...more
11/6/2023
/ Artificial Intelligence ,
Biden Administration ,
Cybersecurity ,
Department of Homeland Security (DHS) ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
IaaS ,
National Security ,
NIST ,
Office of Science ,
OMB ,
Risk Management ,
Secretary of Commerce ,
Semiconductors ,
Technology ,
Technology Sector ,
Transparency
Designed for busy in-house counsel and compliance professionals, this newsletter seeks to bring you up to speed on key federal and state False Claims Act (FCA) developments, with links to primary resources. Each quarter, we...more
10/11/2023
/ Anti-Kickback Statute ,
Causation ,
Cybersecurity ,
Denial of Certiorari ,
Department of Justice (DOJ) ,
DFARS ,
Failure To Disclose ,
Failure to Monitor ,
False Billing ,
False Claims Act (FCA) ,
Foreign Subsidies ,
General Services Administration (GSA) ,
Healthcare Fraud ,
Kickbacks ,
Medicare ,
NIST ,
Pharmaceutical Industry ,
Popular ,
Remuneration ,
Risk Management ,
SCOTUS ,
State Grants ,
TRICARE ,
Whistleblowers
In what can best be described as a tsunami of cybersecurity regulation, the Federal Acquisition Regulation (FAR) Council—consisting of the Department of Defense (DoD), General Services Administration (GSA), and National...more
10/9/2023
/ Cloud Storage ,
Cyber Incident Reporting ,
Cyber Threats ,
Cybersecurity ,
Cybersecurity Information Sharing Act (CISA) ,
Department of Defense (DOD) ,
Department of Homeland Security (DHS) ,
False Claims Act (FCA) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
General Services Administration (GSA) ,
Information Technology ,
Internet of Things ,
NASA ,
National Security Agency (NSA) ,
NIST ,
OMB ,
Popular ,
Proposed Rules ,
Risk Management ,
Subcontractors
A new Biden administration Executive Order proposes to enforce more rigorously U.S. manufacturing requirements attendant to federally funded inventions. While the aim of the Executive Order is to support domestic...more
8/7/2023
/ Bayh-Dole Act ,
Biotechnology ,
Department of Energy (DOE) ,
Domestic Policy ,
Emerging Technology Companies ,
Executive Orders ,
Federal Contractors ,
Federal Funding ,
Inventions ,
Inventors ,
Joe Biden ,
Manufacturers ,
NASA ,
NIST ,
Research and Development
In the extensive chatter since the Federal Acquisition Regulatory Council (“FAR Council”) published an interim rule on the new Federal Acquisition Regulation (FAR) 52.204-27, “Prohibition on a ByteDance Covered Application,”...more
On May 10, 2023, the National Institute of Standards and Technology (“NIST”) released an Initial Public Draft of Revision 3 to NIST Special Publication (“SP”) 800-171, Protecting Controlled Unclassified Information in...more
Many stakeholders in the AgTech industry are interested in collaborating with or obtaining funding from the United States Department of Agriculture (USDA), but are unsure what implications such collaborations may have on...more
The Cybersecurity and Infrastructure Security Agency (CISA) of the Department of Homeland Security (DHS) recently published a draft version of a Secure Software Development Attestation Common Form. The draft Common Form is...more
As part of the Biden Administration’s ongoing efforts to spur innovation and research, it has championed the creation of a new sub-agency within the Department of Health and Human Services, the Advanced Research Projects...more
As most experts expected, Congress has passed the bill to reauthorize the SBIR and STTR programs until September 30, 2025. The bill is now headed for the White House, where the President is expected to sign it into law....more
Infusing billions of dollars into the U.S. semiconductor industry and appropriating billions more for scientific research and development, what is now colloquially referred to as the CHIPS and Science Act of 2022 was signed...more
8/30/2022
/ Department of Energy (DOE) ,
Executive Orders ,
Life Sciences ,
NASA ,
New Legislation ,
NIST ,
Popular ,
Research and Development ,
Semiconductors ,
Supply Chain ,
Tax Credits ,
US Department of State
The Paycheck Protection Program (“PPP”) began with rushed legislation and a race for financial support in the middle of a pandemic. This race was hardly a straight line as the Small Business Administration (“SBA”) and the...more
On Tuesday, January 19, 2021, the Department of Justice announced charges against two providers of foreign language services for conspiracy to defraud the government on a multimillion dollar contract by impeding, impairing,...more
The Consolidated Appropriations Act of 2021, which became law on December 27, 2021, includes a second round of stimulus funding in the form of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act(the...more
2020 brought the COVID-19 pandemic and other headline-grabbing challenges, along with “the usual” quadrennial questions around the U.S. election. Early in the year, businesses and dealmakers focused on the pandemic and...more
1/15/2021
/ Antitrust Division ,
CFIUS ,
Coronavirus/COVID-19 ,
Due Diligence ,
Economic Stimulus ,
Enforcement Actions ,
Environmental Social & Governance (ESG) ,
EU Horizontal Safeguard Regulation (HSR) ,
Federal Trade Commission (FTC) ,
Human Rights ,
Initial Public Offering (IPO) ,
Loan Forgiveness ,
Loans ,
Material Adverse Events ,
Poison Pill ,
Popular ,
Private Equity ,
Remote Working ,
Representations and Warranties ,
Special Purpose Acquisition Companies (SPACs)
Happy post-election, post-socially-distanced Thanksgiving, and pre-New Year’s newsletter. Banks, non-banks, and FinTechs can look forward to eight days of announcements from the Biden transition team with their latkes and...more
12/11/2020
/ Arbitration ,
Banking Sector ,
Bitcoin ,
BSA/AML ,
Consumer Financial Protection Bureau (CFPB) ,
Cryptocurrency ,
Data Breach ,
Debt Collection ,
Fair Credit Reporting Act (FCRA) ,
Fair Lending ,
Federal Savings Associations ,
Financial Services Industry ,
FinCEN ,
FinTech ,
FRB ,
Main Street Lending Programs ,
Mobile Payments ,
OCC ,
Private Attorneys General Act (PAGA) ,
SBA ,
TCPA ,
Third-Party Service Provider
In a decision sure to bring some comfort to contractors providing information technology equipment and services to the federal government, a U.S. district court judge recently granted a motion to dismiss a False Claims Act...more