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Government Contracting Updates

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

Contractors Billing the Government for Services and Supplies from Corporate Affiliates Take Note - FBI Investigation Highlights...

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Contractors frequently rely on “shared services” agreements or “interorganizational transfers” with their corporate parents, subsidiaries, and sister companies when performing work for the federal government. These...more

WilmerHale

Final DoD Cybersecurity Maturity Model Certification Rule Will Bring Compliance Challenges, Increased False Claims Act Risk

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On October 11, 2024, the U.S. Department of Defense (DoD) at long last published a final rule establishing the Cybersecurity Maturity Model Certification (CMMC) Program (the Final Rule)...more

Troutman Pepper

Precision Toxicology Agrees to Pay $27M Over Drug Testing and Kickback Allegations

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On October 15, Maryland Attorney General Anthony G. Brown announced that his office reached a $27 million settlement with Precision Toxicology to resolve allegations that it submitted false claims to government health...more

Perkins Coie

Novel Decision Striking Down False Claims Act’s Qui Tam Statute Tees Up Further Litigation Over Whistleblower Lawsuits

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A recent Florida district court decision declared that the False Claims Act’s (FCA) qui tam provision violates the Constitution by vesting executive power in private whistleblowers (relators) that have not been appointed by...more

PilieroMazza PLLC

What DOD’s Proposed Changes to its Prototype OT (Other Transaction) Agreements Regulations Mean for Defense Contractors

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On September 4, 2024, the Department of Defense (DOD) issued a proposed rule to update regulations related to other transaction (OT) agreements[1] to implement congressional changes in the statutory authority for prototype...more

Brownstein Hyatt Farber Schreck

California’s 2024 November General Election Preview

With ballots arriving in the mailboxes of California voters, the below provides a snapshot analysis of the open and competitive seats in the California Legislature for the 2024 General election. Prior to the March...more

Mintz - Antitrust Viewpoints

OMB Issues Additional Guidance to Federal Agencies on their Acquisition of AI — AI: The Washington Report

On September 24, the Office of Management and Budget (OMB) released a memorandum on Advancing the Responsible Acquisition of Artificial Intelligence in Government. The new memorandum builds on OMB’s March 2024 memorandum...more

Pillsbury Winthrop Shaw Pittman LLP

The Department of Defense Issues Final Rule Establishing CMMC 2.0

Less than 10 months after the issuance of its proposed rule, DoD has issued this final rule establishing the CMMC program. DoD’s issuance of the final rule demonstrates the government’s continued commitment to...more

BakerHostetler

Universities and Colleges Should Beware of Recent DOJ Cybersecurity Enforcement

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As the DOJ’s Civil Cyber-Fraud Initiative gains steam, civil prosecutors and whistleblowers have set their sights on universities and colleges with a close eye on cybersecurity compliance....more

McDermott+

It’s the Final Countdown: Comparing the Last Regulatory Actions of the Biden and Trump Administrations

McDermott+ on

The election is approaching fast, and no matter who wins, there will be a change in administration come January 20, 2025. Thus, the Biden Administration is in the midst of making its final mark on priority healthcare...more

Bass, Berry & Sims PLC

HHS-OIG Set To Intensify Scrutiny of Grants and Contract Compliance: How to Prepare

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As we detailed in a previous blog, on October 3, the Department of Health and Human Services (HHS) Office of Inspector General (OIG) published a strategic plan to “safeguard[] the integrity of HHS grants and contracts.” The...more

McDermott Will & Emery

This Week in 340B: October 15 – 21, 2024

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Find this week’s updates on 340B litigation to help you stay in the know on how 340B cases are developing across the country. Each week we comb through the dockets of more than 50 340B cases to provide you with a quick...more

Bradley Arant Boult Cummings LLP

The Pentagon Finalizes Sweeping Cybersecurity Rules for DOD Contractors

On October 11, 2024, the United States Department of Defense (DOD) published a final rule implementing its Cybersecurity Maturity Model Certification (CMMC) program, which is designed to verify that defense contractors are...more

Bradley Arant Boult Cummings LLP

Federal Grant Recipients and Applicants Face New and Increased Obligations to Disclose Potential Wrongdoing

Mandatory disclosure obligations significantly changed for federal grant recipients, sub-recipients, and applicants on October 1, 2024. The amended federal regulation establishing these mandatory disclosures (2 C.F.R. §...more

The Volkov Law Group

DDTC Fines Precision Castparts Corp. $3 Million for AECA and ITAR Violations

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In a significant enforcement action, the U.S. Department of State’s Directorate of Defense Trade Controls (“DDTC”) has charged Oregon-based Precision Castparts Corp. (“PCC”) with multiple violations of the Arms Export Control...more

Eversheds Sutherland (US) LLP

Are you ready? The trend towards ever more prescriptive cybersecurity controls further reaches DOD contractors

Cybersecurity requirements continue to proliferate, both globally and within the US. Whether because of these new requirements, or because of the escalating threat environment, companies should urgently consider assessing...more

Paul Hastings LLP

U.S. Department of Defense Set to Implement Its Cybersecurity Maturity Model Certification Program With Publication of New Rule

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On October 15, 2024, the Department of Defense (“DoD”) published the final version of its rule implementing the Cybersecurity Maturity Model Certification (“CMMC”) Program under Title 32 of the Code of Federal Regulations...more

PilieroMazza PLLC

Weekly Update for Government Contractors and Commercial Businesses – October 2024 #4

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Corporate Transparency Act, Part 2: Exempt Status, Physical Office, Dissolved and Tribal Entities, and Beneficial Ownership Information - The Corporate Transparency Act (CTA), which came into effect on January 1, 2024, has...more

Kohn, Kohn & Colapinto LLP

Unitary Executive Theory Surfaces in Court: District Court Rules Qui Tam Provisions of the False Claims Act Unconstitutional

On September 30, 2024, the United States District Court for the Middle District of Florida ruled that filing claims on behalf of the government under qui tam provisions of the False Claims Act (FCA) is unconstitutional in...more

McGuireWoods LLP

DoD Issues Final CMMC Framework for Defense Contractors

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After a nearly five-year rulemaking process, the U.S. Department of Defense (DoD) published the Final Cybersecurity Maturity Model Certification 2.0 (CMMC) program rule in the Federal Register on Oct. 15, 2024, codified at 32...more

McCarter & English Blog: Government Contracts...

Wisconsin Bell: Testing the Elasticity of False Claims Act’s Scope

Just how broad is the scope of the False Claims Act (FCA)? That is the basic question posed in Wisconsin Bell, Inc. v. U.S. ex rel. Heath, No. 23-1127. Put more directly, the case addresses whether reimbursement requests...more

DCI Consulting

Analysis of OFCCP’s Revised Construction Scheduling Letter, Part 2

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This blog is part 2 of an analysis of the new OFCCP scheduling letter for federal construction contractors. Section 503 and VEVRAA, Item 2 This item requires contractors to submit documentation that it provided notice of...more

The Volkov Law Group

Teva Pharmaceuticals Pays $450 Million to Resolve Anti-Kickback and False Claims Act Violations

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Teva Pharmaceuticals USA Inc. (Teva USA) and Teva Neuroscience Inc. (“Teva”) agreed to pay $450 million to resolve two matters that allege Teva violated the Anti-Kickback Statute (AKS) and the False Claims Act (FCA). Teva is...more

Wiley Rein LLP

DOD Crystalizes CMMC 2.0 Program Rule - UPDATED October 22, 2024.

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WHAT: On October 15, 2024, the U.S. Department of Defense (DOD) published the final CMMC 2.0 Program rule. DOD’s final rule outlines the mechanisms that DOD will use to prescribe cybersecurity standards for safeguarding...more

Sands Anderson PC

Garbage Collector Loses Sovereign Immunity Because Accident Happened During Mere “Normal Driving”

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Picking up trash is one of those unglamorous but essential government functions that we take for granted right up until a couple pick-ups in a row are missed.  In those moments we all learn just how essential it is that the...more

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