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Read need-to-know updates, commentary, and analysis on General Business issues written by leading professionals.

The Trade Bill - UK trade policy following Brexit

by DLA Piper on

The Trade Bill was introduced in the House of Commons on Tuesday 7 November 2017. It will have to be passed by both Houses before it becomes law, and it has to become law before Brexit takes effect, currently set for 29 March...more

Deemed Exports and You

by Tucker Arensberg, P.C. on

You may be surprised to learn that you can commit an export control violation without shipping a single product overseas. This is due to the “deemed export” rule....more

Information filtration under the Export Administration Regulations

by Miller Canfield on

Information provides the cornerstone to the modern economy. Information flows across information technology networks similar to water naturally flowing down our mountains, into our streams and rivers, and out to the oceans....more

UK Takes Steps to Prepare for Post-Brexit Trade Policy

The government draws closer to establishing the legislation that will be needed after Brexit with the introduction of a new Trade Bill. The Trade Bill has received a first hearing in parliament, but not been debated at...more

MoForward 2018

On Thursday, October 26th, Morrison Foerster’s Government Contracts Group held its inaugural MoForward Event at the Tysons Corner Ritz Carlton. The event was a rousing success, reflecting the unique interaction between our...more

Mexico's Energy Industry Round 2 Farmouts: PEMEX finds new partners

• Mexico’s second farmout bid round to find partners for PEMEX oil and gas development yielded mixed results, with 2 onshore licenses awarded and 1 shallow water PSC vacated with no bids • Egyptian company Cheiron...more

Arbitration Award Ruling That, Because of Cultural Differences, a Local Afghan Subcontractor Is Not Bound by the F.A.R. Provisions...

by Pepper Hamilton LLP on

Aspic Eng’g & Constr. Co. v. ECC Centcom Constructors, LLC, No. 17-cv-00224-YGR, 2017 U.S. Dist. LEXIS 111767, at *10-12 (N.D. Cal. July 18, 2017) - This matter came before the Court on a motion to vacate a final...more

FCPA Accounting Provisions Have Teeth: Halliburton to Pay $29.2 Million to Settle FCPA Charges

Along with the anti-bribery provisions, the U.S. Foreign Corrupt Practices Act (“FCPA”) contains accounting provisions that apply to publicly traded companies. These provisions require that companies maintain and adhere to...more

USTR Requests Input on Impact of Trade Agreements on Government Procurement

by Hogan Lovells on

On August 21, 2017, the Department of Commerce (Commerce) and the Office of the United States Trade Representative (USTR) issued a request for public comment on the impact of government procurement provisions of U.S. trade...more

Judicial acceptance of the SCL Delay and Disruption Protocol 2nd Edition

by White & Case LLP on

The recent Australian case of Santos Ltd v Fluor Australia Pty Ltd [2017] QSC 153 gives credence to the Society of Construction Law Delay & Disruption Protocol 2nd ed in determining the sufficiency of the plaintiff’s pleaded...more

Applicability of the Buy American Act and Trade Agreements Act

President Trump made headlines in April by signing an Executive Order urging federal agencies to “Buy American and Hire American.” While this Order makes no substantive legal changes and, for now, appears to be more bark...more

AFRICA - A Legal Guide for Business Investment and Expansion: Kenya

1. What role does the government of Kenya play in approving and regulating foreign direct investment? There is no regulation on foreign direct investment in Kenya except in specific sectors where state corporations have a...more

New competition register enters into force

by White & Case LLP on

On July 29, 2017, the Act Introducing a Register for Competition (Wettbewerbsregistergesetz – WregG, "Competition Register Act") will enter into force. Companies violating competition or other rules must or can be excluded...more

Saudi Arabia's Transformational Privatization Plans

by Dechert LLP on

The leadership of Saudi Arabia (the “KSA”) has embarked on a bold transformation strategy to revitalize KSA’s economy and to position it for the demographic and economic challenges that lie ahead. The flagship transaction for...more

Procurement Pulse - June 2017

by DLA Piper on

Procurement legislation provides certain guidance on how to run an impartial procurement process - including minimum time limits for submitting expressions of interest or bid documentation, prescribed criteria for selecting...more

Mexico’s Energy Industry: Mexico Tender Round 2.1: Shallow Water Oil Sells Big

On June 19, 2017, the Comisión Nacional de Hidrocarburos (CNH) completed the Presentation and Opening of Bid Proposals for the First Tender of the Ronda Dos (“Round 2.1”), which was first announced on July 20, 2016. Round 2.1...more

Thornberry Acquisition Reform Bill Contemplates DoD’s Use of Online Marketplaces to Purchase COTS Products

by Holland & Knight LLP on

Imagine if a DoD agency could purchase commercial-off-the-shelf products of any value simply by placing an order at an Amazon-like website – no need for solicitations, quotes, evaluation, or detailed price analysis and...more

Procurement Pulse - May 2017

by DLA Piper on

Some interesting new developments in procurement law this month. Whilst the case has now been settled and is the subject of an independent enquiry, we report on the Supreme Court's final ruling on the Energy Solutions case,...more

NEC4 suite of standard form contracts to be released in June

by White & Case LLP on

On 22 June 2017, the NEC4 suite of standard form contracts will be officially launched at the NEC Users' Group's Annual Seminar. This new suite will replace the popular NEC3 suite, which was first published back in 2005....more

The Buy American and Hire American Executive Order: What It Means For Supply Chain Management

by Jones Day on

In our December 2016 Commentary on the "Government Contracts Ramifications of the Trump Election" and our January 2017 update, we predicted that the Trump Administration would seek to strengthen domestic preferences in...more

3 Things Contractors Should Do Now to Ensure “Buy American” Compliance in the Wake of Trump’s Executive Order

by Carlton Fields on

"Buy American, Hire American" is no longer just a campaign slogan. It is the subject of an Executive Order signed by President Trump on April 19. The order details the Trump administration’s policy of ensuring compliance with...more

Top bribery and corruption developments in 2017 for ADG companies

by Hogan Lovells on

In recent years, U.S. and Western European military spending has decreased as military spending in other parts of the world has risen. As a result, aerospace, defense and government services (ADG) companies increasingly rely...more

Top Brexit developments in 2017 for ADG companies

by Hogan Lovells on

On 23 June 2016, the people of the United Kingdom (UK) voted in a referendum to leave the European Union (EU). The UK Government gave the EU formal notice of its intention to withdraw from the EU on 29 March 2017. This...more

Property ownership by overseas investors: UK Government begins consultation process for Beneficial Ownership Register

by Dentons on

The Department for Business, Energy & Industrial Strategy has just issued a consultation paper calling for evidence on proposals for a new register showing who owns and controls overseas legal entities that own UK property or...more

The Long Road: Boeing Continues the March into Iran

by Bass, Berry & Sims PLC on

- Boeing announces deal to sell aircraft to Iran Aseman - The deal was apparently authorized by the U.S. Treasury Department, but Congressional foes fight to block it - If the deal goes through, further loosening of...more

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