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Government Contracting Consumer Protection

Read Government Contracting Law updates, articles, and legal commentary from leading lawyers and law firms:
Latham & Watkins LLP

Supreme Court Holds FCA Liability Hinges on Defendants’ Subjective Beliefs as to Falsity

Latham & Watkins LLP on

The Court unanimously held that a defendant’s subjective belief is relevant to scienter under the False Claims Act, even when a defendant’s conduct is consistent with an objectively reasonable interpretation of the law. ...more

Willcox & Savage

Man Bites Dog: Low Bidder Not Awarded Federal Contract

Willcox & Savage on

Most of the time the low bidder will win a government contract. But not always. Sometimes a federal agency will make an award on a best-value trade-off basis. This process can be used “when it may be in the best interest of...more

PilieroMazza PLLC

Cybersecurity for Government Contractors: Success Through Compliance Readiness

PilieroMazza PLLC on

Cybersecurity has been an important topic for many years now, yet the government has struggled with how to flow down cybersecurity obligations to its supply chain. The Department of Defense’s (DOD) Cybersecurity Maturity...more

McCarter & English Blog: Government Contracts...

The False Claims Act’s Fuzzy Scienter Element Brought into Sharp Focus

Parties litigating False Claims Act (FCA) cases have long struggled with a thorny question around the essential element of scienter (the defendant’s intent, or state of mind): What/how much does a contractor need to know when...more

Warner Norcross + Judd

Supreme Court Removes Some Defenses to False Claims Act Liability for Government Contractors and Health Care Providers

Government contractors, health care providers and many other parties who submit claims for payment to the federal government are subject to liability under the False Claims Act (FCA). This month, the U.S. Supreme Court issued...more

PilieroMazza PLLC

Weekly Update for Government Contractors and Commercial Businesses – June 2023 #2

PilieroMazza PLLC on

Debt Ceiling and Spending Deal: H.R. 3746 – Fiscal Responsibility Act of 2023 - The Fiscal Responsibility Act of 2023, signed by President Biden on June 3, 2023, increases the federal debt limit, establishes new...more

Whitcomb Selinsky, PC

What are the Government’s March-In Rights in Subject Inventions?

Whitcomb Selinsky, PC on

Passed in 1980 and codified in 35 U.S.C. §§200 – 212, the Bayh-Dole Act (Act) allows contractors the option to own inventions made with government funding under government contracts and other agreements. Within the Department...more

Sherman & Howard L.L.C.

SCOTUS Pro-employer Pendulum Swings When It's the Fed's Ox Getting Gored

The False Claims Act ("FCA") imposes liability on anyone who "knowingly" makes a false claim to the Federal Government. This includes making false claims for reimbursement from the government under federal programs. As part...more

PilieroMazza PLLC

Time Runs Out on TikTok: New FAR Clause Bans TikTok on Federal Contractor Devices  

PilieroMazza PLLC on

The federal government recently issued an interim rule, effective immediately, prohibiting the presence or use of the TikTok application in the performance of a contract. This rule continues the government’s actions against...more

Jackson Lewis P.C.

OFCCP Publishes New Construction Contractor CSAL

Jackson Lewis P.C. on

On June 5, OFCCP released a new Corporate Scheduling Announcement List (CSAL) for construction contractors. The CSAL is the list of construction contractors selected for upcoming audits by the Agency. OFCCP last released a...more

PilieroMazza PLLC

Clocking in with PilieroMazza: Current Considerations in Applying Minimum Wage Requirements

PilieroMazza PLLC on

Do you have 10 minutes or less to stay on top of the ever-changing laws and regulations around labor and employment? Check out PilieroMazza‘s new podcast “Clocking in with PilieroMazza: Labor and Employment News for...more

PilieroMazza PLLC

Clocking in with PilieroMazza: Regulations in the Wind. What are we waiting for?

PilieroMazza PLLC on

Do you have 10 minutes or less to stay on top of the ever-changing laws and regulations around labor and employment? Check out PilieroMazza‘s new podcast “Clocking in with PilieroMazza: Labor and Employment News for...more

PilieroMazza PLLC

Clocking in with PilieroMazza: PilieroMazza Launches Labor & Employment Podcast for GovCons

PilieroMazza PLLC on

Do you have 10 minutes or less to stay on top of the ever-changing laws and regulations around labor and employment? Check out PilieroMazza‘s new podcast “Clocking in with PilieroMazza: Labor and Employment News for...more

PilieroMazza PLLC

[Webinar] Size and Status Recertification: What Is It and Why Does it Matter? - June 14th, 2:00 pm - 3:00 pm ET

PilieroMazza PLLC on

Financial growth and success are important goals for every small business government contractor. Continuous growth, however, can cause your company to exceed the size standards attached to your small business set-aside work....more

Jackson Walker

For False Claims Act Cases, SCOTUS Says Courts Should Look at What Defendants Subjectively Knew at Time of Offense

Jackson Walker on

The U.S. Supreme Court recently announced its ruling in United States Ex Rel Schutte v. SuperValu Inc., a case that will impact how corporations will defend themselves in False Claims Act (“FCA”) litigation. In a win for the...more

Davis Wright Tremaine LLP

If Ya Snooze, Ya Lose ($12 Million): Strict Application of Dispute Procedures Bar Contractor Claim Against State Agency

The key takeaway from Graham Contracting, Ltd v. City of Federal Way in Washington appeals court - A recent unpublished decision issued by the Court of Appeals of Washington, Graham Contracting, Ltd v. City of Federal...more

Pillsbury Winthrop Shaw Pittman LLP

For Protest Timeliness Purposes, Forwarding an Agency Email Outside of Business Hours Constitutes Actual Notice

The Government Accountability Office (GAO) has created a potential trap regarding the beginning of the 10-day protest timeliness period when an offeror receives information from the contracting office outside of the...more

Venable LLP

Yes, Contractors and Providers, What You Think Matters - U.S. Supreme Court Unanimously Holds That Defendants' Subjective Beliefs...

Venable LLP on

On June 1, 2023, the U.S. Supreme Court issued a unanimous opinion in United States ex rel. Schutte v. SuperValu Inc. reversing a pair of False Claims Act (FCA) cases on review from the Seventh Circuit Court of Appeals. In...more

Littler

OFCCP Identifies 250 Federal and Federally Assisted Construction Contractors for Compliance Reviews

Littler on

On June 5, 2023, the Office of Federal Contract Compliance Programs (OFCCP) published its FY 2023 Construction Corporate Scheduling Announcement List (CSAL). The CSAL includes 250 employers that OFCCP has identified as...more

Polsinelli

Guidance Released on Inflation Reduction Act Domestic Content Tax Credits

Polsinelli on

Background - On August 16, 2022, President Biden signed into law the Inflation Reduction Act of 2022 (“IRA”). Two of the key objectives of the IRA are to incentivize the industry to produce certain types of renewable...more

DirectEmployers Association

OFCCP Week In Review: June 2023

Tuesday, May 30, 2023: NLRB GC Asserted, Via Memo, That Employment Non-Compete Provisions Violate NLRA - GC Noted Some Exceptions for Certain Narrowly Tailored Agreements - National Labor Relations Board (“NLRB”)...more

Snell & Wilmer

Supreme Court Sides With Government (and Whistleblowers) in Preserving Relevance of Subjective Intent in FCA Cases

Snell & Wilmer on

In one of the most highly-anticipated decisions of this term, on Thursday, June 1, 2023, the United States Supreme Court ruled that a contractor’s liability in False Claims Act (FCA) cases hinges on subjective intent — i.e.,...more

Maynard Nexsen

FAR Council Publishes Rule to Ban TikTok Applications in Government Contracting

Maynard Nexsen on

Last Friday, the Federal Acquisition Regulatory Council published an interim final rule ("IFR") to ban the use of a ByteDance Covered Application (i.e., TikTok) in government contracting. The IFR is effective June 2, 2023....more

Goodwin

The Supreme Court Holds that the False Claims Act’s Scienter Element Turns on Defendant’s Subjective Beliefs, Rejecting Seventh...

Goodwin on

The Supreme Court recently issued a significant decision clarifying what it means to “knowingly” submit a false claim under the False Claims Act. At issue in United States ex rel. Schutte v. SuperValu Inc. were allegations...more

Braumiller Law Group, PLLC

Hot Topics in International Trade - June 2023 - Buy American – Treatment of Preferences in the Federal Acquisition Regulations

This article provides an overview of federal procurement laws and how the Federal Acquisition Regulations (FAR) implement some of those commitments in government contracts. The FAR, found under 48 C.F.R. Part 25, comprises...more

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

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Information for EU and Swiss Residents

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Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

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Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

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Changes in Our Privacy Policy

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Contacting JD Supra

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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