Morrison & Foerster LLP - Government Contracts Insights

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Firm Profile: Morrison & Foerster LLP
425 Market Street
San Francisco, CA 94105-2482, United States
Phone: (415) 268-7000
Fax: (415) 268-7522
Areas Of Practice
  • Commercial Law & Contracts
  • Government
Locations
Other U.S. Locations
  • California
  • Colorado
  • D.C.
  • New York
  • Virginia
Other Countries
  • Belgium
  • China
  • Germany
  • Hong Kong
  • Japan
  • Singapore
  • United Kingdom
Number of Attorneys
1,000+ Attorneys

Division Continues Increased Focus On Procurement Collusion, Presents Strike Force To International Enforcers

The following is an excerpt from “Quarterly Cartel Catch-Up: Recent Developments in Criminal Antitrust for Busy Corporate Counsel ? 2nd Quarter 2020.” Division Continues Increased Focus on Procurement Collusion, Presents…more

Bid Rigging, Criminal Antitrust Litigation, False Claims Act (FCA), Procurement Collusion Strike Force, South Korea

See all updates »

OFCCP Announces FY2019 Audits

On March 25, 2019, the Office of Federal Contract Compliance Programs (OFCCP) published the list of contractors that are scheduled to receive Corporate Scheduling Announcement Letters (CSALs). CSALs are courtesy letters OFCCP…more

Affirmative Action, Audits, CSALs, Federal Contractors, OFCCP

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National Security And Investment Act Receives Royal Assent

On 29 April 2021, there was a significant development in the evolving European national security landscape, when the National Security and Investment Act (the “Act”) was granted Royal Assent and passed into law in the United…more

Assent, Foreign Agents Registration Act (FARA), Foreign Investment, National Security, UK

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Top 10 International Anti-Corruption Developments for November 2018

In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments from the past month, with links to primary…more

Anti-Corruption, Bribery, China, Corporate Counsel, Department of Justice (DOJ)

See all updates »

Moforward 2020: Need-To-Know Regulatory and Legal Developments

BID PROTESTS, LATEST DEVELOPMENTS & TWISTS - Bid Protests: Agenda - 1. LOGCAP V and Task/Delivery Order Protest Jurisdiction 2. SpaceX and Other Transaction Authority Protest Jurisdiction 3. Potential Impact of New LPTA…more

Bid Protests, CFIUS, Cybersecurity, Data Breach, Data Rights

See all updates »

DOD Issues Updated Other Transactions (OT) Guide

The Department of Defense updated its guidance on “other transaction” agreements, or “OTs,” an increasingly popular contracting authority not subject to the FAR or most procurement laws that accounted for more than $37 billion…more

Anti-Deficiency Act, Cost Accounting Standards (CAS), Department of Defense (DOD), DFARS, False Claims Act (FCA)

See all updates »

Top 10 International Anti-Corruption Developments for January 2019

In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments in the past month, with links to primary resources…more

Anti-Corruption, Barbados, Bribery, Corporate Counsel, EU

See all updates »

Moforward 2020: Need-To-Know Regulatory and Legal Developments

BID PROTESTS, LATEST DEVELOPMENTS & TWISTS - Bid Protests: Agenda - 1. LOGCAP V and Task/Delivery Order Protest Jurisdiction 2. SpaceX and Other Transaction Authority Protest Jurisdiction 3. Potential Impact of New LPTA…more

Bid Protests, CFIUS, Cybersecurity, Data Breach, Data Rights

See all updates »

June 2018 Bid Protest Roundup

This month’s roundup features one noteworthy decision from the Court of Federal Claims (COFC) regarding improper agency corrective action, and two decisions from the Government Accountability Office (GAO) concerning unequal…more

Bid Protests, COFC, Conflicts of Interest, Department of Justice (DOJ), Federal Acquisition Regulations (FAR)

See all updates »

Airing Of Grievances: FAR Council Invites Novation Comments

Is it finally time to fix the outdated, incomplete, and often misunderstood novation regulations? Maybe. On April 5, 2024, the FAR Council released a Notice and Request for Comments requesting comments from federal contractors…more

Federal Acquisition Regulations (FAR), Federal Contractors, Name Changes, Novation

See all updates »

Supreme Court To Consider The False Claims Act’s Intent Standard

On Friday, January 13, the Supreme Court agreed to consider whether the False Claims Act (“FCA”) covers compliance lapses tied to regulatory interpretations that are incorrect but “objectively reasonable.” The Supreme Court…more

Billing, Certiorari, False Claims Act (FCA), Fraud, Medicare

See all updates »

National Security And Government Contractor Implications Of Biden AI Executive Order

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

Artificial Intelligence, Biden Administration, Cybersecurity, Department of Homeland Security (DHS), Executive Orders

See all updates »

Moforward 2020: Need-To-Know Regulatory and Legal Developments

BID PROTESTS, LATEST DEVELOPMENTS & TWISTS - Bid Protests: Agenda - 1. LOGCAP V and Task/Delivery Order Protest Jurisdiction 2. SpaceX and Other Transaction Authority Protest Jurisdiction 3. Potential Impact of New LPTA…more

Bid Protests, CFIUS, Cybersecurity, Data Breach, Data Rights

See all updates »

Top 10 International Anti-Corruption Developments for November 2018

In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments from the past month, with links to primary…more

Anti-Corruption, Bribery, China, Corporate Counsel, Department of Justice (DOJ)

See all updates »

New Decisions Clarify Small Business Minority Shareholder Protections

One of the easiest small business affiliation rules to apply is that a person that owns “50 percent or more of a concern’s voting stock . . . controls or has the power to control the concern.” 13 C.F.R. § 121.103(c)(1). It is…more

SBA, Shareholder Rights, Shareholders, Small Business

See all updates »

What Contractors Need to Know about the Proposed FY 2018 NDAA

On November 9, 2017, Congress released its conference report on the FY 2018 National Defense Authorization Act. The NDAA coming out of the conference committee contains numerous provisions that would affect government…more

Bid Protests, Debriefing, Federal Contractors, NDAA

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Try, Try Again

A recent defective pricing case, Alloy Surfaces Co., ASBCA No. 59625, 2020 WL 1896784, April 9, 2020, charmingly illustrates the Government’s doggedness in trying to reprice a contract using the Truth in Negotiations Act (TINA)…more

Business Litigation, Federal Acquisition Regulations (FAR), Federal Contractors, Military Contracts, Pricing

See all updates »

Moforward 2020: Need-To-Know Regulatory and Legal Developments

BID PROTESTS, LATEST DEVELOPMENTS & TWISTS - Bid Protests: Agenda - 1. LOGCAP V and Task/Delivery Order Protest Jurisdiction 2. SpaceX and Other Transaction Authority Protest Jurisdiction 3. Potential Impact of New LPTA…more

Bid Protests, CFIUS, Cybersecurity, Data Breach, Data Rights

See all updates »

April 2023 Bid Protest Roundup: Nonofferor Protest, Irrational Analysis

This month’s Bid Protest Round-Up examines two recent decisions by the U.S. Court of Federal Claims (“COFC”). The first, Percipient.AI, Inc. v. United States, COFC No. 23-28C, involves the protest by a non-offeror of a…more

Bid Protests, COFC, Federal Acquisition Regulations (FAR), Federal Contractors, GAO

See all updates »

Bid Protest Spotlight: Standing, Brand-Name Or Equal, Insufficient Documentation

This month’s bid protest roundup highlights one decision from the U.S. Court of Appeals for the Federal Circuit and two decisions from the U.S. Government Accountability Office (GAO)…more

Bid Protests, COFC, Court of Federal Claims, Department of Veterans Affairs, Federal Acquisition Regulations (FAR)

See all updates »

False Claims In Independent Research & Development (IR&D): Federal District Court Adopts ATK THIOKOL As The Knowledge Standard

Many government contractors, like other private enterprises, invest heavily in research and development (R&D) to improve the products and services they offer, in hopes of better meeting their customers’ needs. When those R&D…more

False Claims Act (FCA), Federal Acquisition Regulations (FAR), Federal Contractors, Fraud, Research and Development

See all updates »

Top 10 International Anti-Corruption Developments for February 2019

In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments in the past month, with links to primary…more

Anti-Corruption, Brazil, Bribery, Corporate Counsel, Department of Justice (DOJ)

See all updates »

Top 10 International Anti-Corruption Developments for October 2018

In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments from the past month, with links to primary…more

Anti-Corruption, Bribery, China, Corporate Counsel, Department of Justice (DOJ)

See all updates »

Top 10 International Anti-Corruption Developments for February 2019

In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments in the past month, with links to primary…more

Anti-Corruption, Brazil, Bribery, Corporate Counsel, Department of Justice (DOJ)

See all updates »

Biden Administration Proposes Novel Use Of Price As Justification For Agency Exercise Of March-In Rights For Government-Funded Inventions

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

Bayh-Dole Act, Biden Administration, Drug Pricing, Executive Orders, Federal Funding

See all updates »

Division Continues Increased Focus On Procurement Collusion, Presents Strike Force To International Enforcers

The following is an excerpt from “Quarterly Cartel Catch-Up: Recent Developments in Criminal Antitrust for Busy Corporate Counsel ? 2nd Quarter 2020.” Division Continues Increased Focus on Procurement Collusion, Presents…more

Bid Rigging, Criminal Antitrust Litigation, False Claims Act (FCA), Procurement Collusion Strike Force, South Korea

See all updates »

Airing Of Grievances: FAR Council Invites Novation Comments

Is it finally time to fix the outdated, incomplete, and often misunderstood novation regulations? Maybe. On April 5, 2024, the FAR Council released a Notice and Request for Comments requesting comments from federal contractors…more

Federal Acquisition Regulations (FAR), Federal Contractors, Name Changes, Novation

See all updates »

National Security And Government Contractor Implications Of Biden AI Executive Order

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

Artificial Intelligence, Biden Administration, Cybersecurity, Department of Homeland Security (DHS), Executive Orders

See all updates »

Top 10 International Anti-Corruption Developments for October 2018

In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments from the past month, with links to primary…more

Anti-Corruption, Bribery, China, Corporate Counsel, Department of Justice (DOJ)

See all updates »

December 2023 Bid Protest Roundup: Supplementation, Conversion, Rejection

This month’s Bid Protest Roundup include decisions regarding supplementation of the record and whether an agency may convert a sealed bid opportunity into a negotiated procurement due to lack of funds, as well as a case in which…more

Bid Protests, Bid Solicitation, COFC, Department of Defense (DOD), Federal Acquisition Regulations (FAR)

See all updates »

Closing The Gap – European Union To Challenge Foreign Subsidies

FOREIGN SUBSIDIES COULD SOON BECOME THE SUBJECT OF SPECIFIED EU REGULATIONS- The EU Commission wants to create regulations to tackle impacts of foreign government funding in the EU. In its “White Paper on levelling the…more

Acquisitions, Antitrust Violations, Coronavirus/COVID-19, EU, European Commission

See all updates »

DOJ Takes On Meritless Qui Tam Actions

A recently leaked internal memorandum (“Memorandum”) suggests the end is near for the Department of Justice (DOJ) practice of sitting idly by while relators use meritless qui tam actions to shake down companies unwilling to risk…more

Department of Justice (DOJ), Dismissals, False Claims Act (FCA), Frivolous Lawsuits, National Security

See all updates »

U.S. Government Announces New Federal Funding Opportunities Related To COVID-19

The Biomedical Advanced Research and Development Authority (BARDA), part of the U.S Department of Health and Human Services, Office of the Assistant Secretary for Preparedness and Response, has modified an existing broad agency…more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Food and Drug Administration (FDA), Funding Opportunities, Life Sciences

See all updates »

November 2019 Bid Protest Roundup (Law360 Spotlight)

This installment of our monthly bid protest Law360 spotlight examines four protest decisions released in November 2019.  In Inserso, GAO clarifies that a technical acceptability requirement is not equivalent to a lowest-price…more

Bid Protests, Court of Federal Claims, Federal Contractors, GAO

See all updates »

Moforward 2020: Need-To-Know Regulatory and Legal Developments

BID PROTESTS, LATEST DEVELOPMENTS & TWISTS - Bid Protests: Agenda - 1. LOGCAP V and Task/Delivery Order Protest Jurisdiction 2. SpaceX and Other Transaction Authority Protest Jurisdiction 3. Potential Impact of New LPTA…more

Bid Protests, CFIUS, Cybersecurity, Data Breach, Data Rights

See all updates »

September 2023 Bid Protest Roundup: Limits To Agency Discretion In Challenge To NAICS Code Assignments, Confines Of The Close-At-Hand Principle

This month’s Bid Protest Roundup focuses on a recent U.S. Court of Federal Claims decision involving the limitations of the government’s deference defense and a U.S. Government Accountability Office (GAO) that involved the…more

Arbitrary and Capricious, Bid Proposals, Bid Protests, Court of Federal Claims, Documentation

See all updates »

All Is Not Forgiven: PPP Forgiveness And Credits

On March 23, 2021, The House Small Business, Subcommittee on Contracting and Infrastructure held a remote hearing titled: “The Interaction Between the Paycheck Protection Program and Federal Acquisition Regulations: What It…more

Architects, CARES Act, Contractors, Coronavirus/COVID-19, DCAA

See all updates »

Top 10 International Anti-Corruption Developments for February 2019

In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments in the past month, with links to primary…more

Anti-Corruption, Brazil, Bribery, Corporate Counsel, Department of Justice (DOJ)

See all updates »

Division Continues Increased Focus On Procurement Collusion, Presents Strike Force To International Enforcers

The following is an excerpt from “Quarterly Cartel Catch-Up: Recent Developments in Criminal Antitrust for Busy Corporate Counsel ? 2nd Quarter 2020.” Division Continues Increased Focus on Procurement Collusion, Presents…more

Bid Rigging, Criminal Antitrust Litigation, False Claims Act (FCA), Procurement Collusion Strike Force, South Korea

See all updates »

The Economic Aid Act And A Second Round Of PPP Loans

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

Business Expenses, CARES Act, Coronavirus/COVID-19, Economic Aid Act, Economic Injury Disaster Loans

See all updates »

South Korean Fuel Contractors Agree to $236 Million Settlement for Role in Bid-Rigging Scheme

Antitrust Division Renews Focus on Seeking Civil Damages for Antitrust Violations Harming Government - On November 14, 2018, the U.S. Department of Justice’s Antitrust Division (the “Division”) announced global settlements…more

Antitrust Violations, Bid Rigging, Conspiracies, Department of Justice (DOJ), South Korea

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UK Procurement Bill: Pursuing Simple And Accountable Procurement

The UK is pressing ahead with a reform to its government procurement laws that will diverge from the harmonized EU procurement regime that applied in the UK pre-Brexit. The proposals are intended to create a more transparent…more

Bids, EU, Procurement Guidelines, Public Procurement Policies, Suspensions & Debarments

See all updates »

The Debt Ceiling And Its Potential Implications For Government Contractors

Contractors face potential payment uncertainty as a result of the current congressional inability to agree to increase the federal government’s debt ceiling. The government reached the official debt limit months ago, on January…more

Board of Governors, Debt Ceiling, Federal Contractors, Federal Funding, OMB

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The FAR Council’s Proposed Cybersecurity Overhaul: Lots Of Questions, But Only Some Answers

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

Cloud Storage, Cyber Incident Reporting, Cyber Threats, Cybersecurity, Cybersecurity Information Sharing Act (CISA)

See all updates »

Top 10 International Anti-Corruption Developments for February 2019

In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments in the past month, with links to primary…more

Anti-Corruption, Brazil, Bribery, Corporate Counsel, Department of Justice (DOJ)

See all updates »

June 2023 Bid Protest Roundup: Errors, Experience, Corrective Action

This month’s bid protest roundup focuses on two decisions from the U.S. Court of Federal Claims (“Court”) and one decision from the U.S. Government Accountability Office (“GAO”). These decisions involve (1) the Court’s…more

Bid Protests, Bid Solicitation, Clerical Errors, Corrective Actions, Court of Federal Claims

See all updates »

Closing The Gap – European Union To Challenge Foreign Subsidies

FOREIGN SUBSIDIES COULD SOON BECOME THE SUBJECT OF SPECIFIED EU REGULATIONS- The EU Commission wants to create regulations to tackle impacts of foreign government funding in the EU. In its “White Paper on levelling the…more

Acquisitions, Antitrust Violations, Coronavirus/COVID-19, EU, European Commission

See all updates »

President Biden Revokes Federal Contractor Vaccine Mandate

On May 9, 2023, President Biden issued a highly anticipated Executive Order formally revoking the federal contractor COVID-19 vaccine mandate (Executive Order 14042) and the federal employee COVID-19 vaccine mandate (Executive…more

Coronavirus/COVID-19, Corporate Counsel, Executive Orders, Federal Contractors, Federal Employees

See all updates »

Top 10 International Anti-Corruption Developments for February 2019

In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments in the past month, with links to primary…more

Anti-Corruption, Brazil, Bribery, Corporate Counsel, Department of Justice (DOJ)

See all updates »

Division Continues Increased Focus On Procurement Collusion, Presents Strike Force To International Enforcers

The following is an excerpt from “Quarterly Cartel Catch-Up: Recent Developments in Criminal Antitrust for Busy Corporate Counsel ? 2nd Quarter 2020.” Division Continues Increased Focus on Procurement Collusion, Presents…more

Bid Rigging, Criminal Antitrust Litigation, False Claims Act (FCA), Procurement Collusion Strike Force, South Korea

See all updates »

Cyber Compliance On Trial: Court Denies Summary Judgment In Aerojet FCA Case

Aerojet Rocketdyne received another blow last week in its long running battle to end a 2015 False Claims Act suit alleging it lied about its compliance with cybersecurity requirements in order to win several federal contracts…more

Compliance, Controlled Unclassified Information (CUI), Cybersecurity, Department of Defense (DOD), DFARS

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Notable Provisions Of The FY 2024 National Defense Authorization Act

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

Antitrust Provisions, Department of Defense (DOD), Economic Sanctions, Federal Acquisition Regulations (FAR), Federal Contractors

See all updates »

Keeping the Facuet Open: The Implications of Brexit for European Public Procurement

The implications of Britain’s decision in June 2016 to leave the EU are gradually becoming clearer. In the area of government procurement, a paper by the European Parliament has highlighted the various models available to UK…more

EU, European Commission, European Economic Area (EEA), Public Procurement Policies, UK

See all updates »

Top 10 International Anti-Corruption Developments for October 2018

In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments from the past month, with links to primary…more

Anti-Corruption, Bribery, China, Corporate Counsel, Department of Justice (DOJ)

See all updates »

Venture Capital Investment In A Small Business? Know The SBA Rules First.

In recent months, there have been a number of articles about an increase in venture capital interest in entities that do business with the federal government. In fact, this interest is not new. Small entities with venture…more

Borrowers, Debt Securities, Department of Defense (DOD), Encumbrances, Investors

See all updates »

Sixth Circuit Follows Suit In Affirming Preliminary Injunction Of Contractor Vaccine Mandate

Appeals for the Sixth Circuit joined the Fifth and Eleventh Circuits in upholding a preliminary injunction against the enforcement of the Biden Administration’s effort to impose on federal contractors a variety of COVID-19…more

Coronavirus/COVID-19, Executive Orders, Federal Contractors, Federal Employees, Joe Biden

See all updates »

Airing Of Grievances: FAR Council Invites Novation Comments

Is it finally time to fix the outdated, incomplete, and often misunderstood novation regulations? Maybe. On April 5, 2024, the FAR Council released a Notice and Request for Comments requesting comments from federal contractors…more

Federal Acquisition Regulations (FAR), Federal Contractors, Name Changes, Novation

See all updates »

DFARS Realigns With FAR Buy American Requirements

For the second time in as many years, the Department of Defense (DOD) has issued a final rule that brings its Buy American Act (BAA) requirements into alignment with the Federal Acquisition Regulation (FAR). The final rule…more

Buy American Act, Department of Defense (DOD), DFARS, Domestic Industry Requirement, Federal Acquisition Regulations (FAR)

See all updates »

New Rule Implementing NDAA Prohibition: U.S. Agencies Cannot Enter Contracts That Use Chinese Telecom Technology

The latest in a string of U.S. government (USG) actions restricting the use of Chinese technology in the U.S. supply chain is an interim rule issued by the Department of Defense (DoD), General Services Administration (GSA), and…more

Acquisitions, CFIUS, Department of Defense (DOD), Federal Acquisition Regulations (FAR), Federal Contractors

See all updates »

Key Goals For The Next Secretary Of Transportation

A safe, reliable, efficient and sustainable transportation system is the lifeblood of this nation. It is critical to the economic prosperity of this country and to the well-being of everyone who lives here. It connects us to an…more

Department of Transportation (DOT), Energy Efficiency, Infrastructure, Safety Management Systems, Sustainability

See all updates »

December 2023 Bid Protest Roundup: Supplementation, Conversion, Rejection

This month’s Bid Protest Roundup include decisions regarding supplementation of the record and whether an agency may convert a sealed bid opportunity into a negotiated procurement due to lack of funds, as well as a case in which…more

Bid Protests, Bid Solicitation, COFC, Department of Defense (DOD), Federal Acquisition Regulations (FAR)

See all updates »

Airing Of Grievances: FAR Council Invites Novation Comments

Is it finally time to fix the outdated, incomplete, and often misunderstood novation regulations? Maybe. On April 5, 2024, the FAR Council released a Notice and Request for Comments requesting comments from federal contractors…more

Federal Acquisition Regulations (FAR), Federal Contractors, Name Changes, Novation

See all updates »

Missing SCA Clause Did Not Excuse Noncompliance Or Allow For Full Equitable Adjustment

In Innovative Technologies, Inc., ASBCA No. 6186, 62185, the Armed Services Board of Contract Appeals (“ASBCA” or the “Board”) held that, despite the federal government’s failure to include or incorporate the McNamara-O’Hara…more

Armed Services Board of Contract Appeals, Department of Labor (DOL), Federal Acquisition Regulations (FAR), Federal Contractors, Misclassification

See all updates »

Top 10 International Anti-Corruption Developments for November 2018

In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments from the past month, with links to primary…more

Anti-Corruption, Bribery, China, Corporate Counsel, Department of Justice (DOJ)

See all updates »

Top 10 International Anti-Corruption Developments for January 2019

In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments in the past month, with links to primary resources…more

Anti-Corruption, Barbados, Bribery, Corporate Counsel, EU

See all updates »

Contracting In The Fog Of War: Recovering Costs Related To COVID-19

Like the COVID-19 virus, COVID-related contract claims have not gone away. In “Contracting in the Fog of War: Recovering Costs Caused by an Epidemic,” we reported on Pernix Serka Joint Venture v. Department of State, CBCA No…more

Armed Services Board of Contract Appeals, CBCA, Civilian Agency Task Orders, Contract Claims, Coronavirus/COVID-19

See all updates »

New DCMA Defective Pricing Pilot Team Will Possess Audit Resolution Authority

The Defense Contract Management Agency (DCMA) will institute a new Defective Pricing Pilot Team, according to a September 30, 2020, memo issued by Kim Herrington, Acting Principal Director of Defense Pricing and Contracting at…more

Collaboration, Contract Price, DCAA, DCMA, Department of Defense (DOD)

See all updates »

FY 2018 Forecasts: Winds Shifting on Data Security, Industry Consolidation, and DOJ Enforcement Efforts

In the second of our series about what to watch for in government contracts in fiscal year 2018, we focus on Cybersecurity, Cloud-Based Services, Employment Regulations, M&A, FCA enforcement, and Block Chain…more

Acquisitions, Blockchain, Cloud Service Providers (CSPs), Data Security, Department of Justice (DOJ)

See all updates »

Venture Capital Investment In A Small Business? Know The SBA Rules First.

In recent months, there have been a number of articles about an increase in venture capital interest in entities that do business with the federal government. In fact, this interest is not new. Small entities with venture…more

Borrowers, Debt Securities, Department of Defense (DOD), Encumbrances, Investors

See all updates »

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  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

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

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

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

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

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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