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Investigations Federal Contractors

Holland & Hart LLP

Key Compliance Takeaways for Companies from the DOJ's New Corporate Whistleblower Program

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On August 1, 2024, the U.S. Department of Justice (“DOJ”) announced its new “Corporate Whistleblower Awards Pilot Program” (“DOJ Program”), a three-year initiative managed by DOJ’s Money Laundering and Asset Recovery Section....more

Proskauer - Government Contractor Compliance...

OFCCP Issues Directive Updating Expedited Conciliation Procedures

On July 26, 2024, OFCCP published Directive 2024-01: Expedited Conciliation Procedures (the “Directive”). The Directive is intended to “outline updated procedures for an expedited conciliation option, giving contractors and...more

Womble Bond Dickinson

The Company You Keep: FCA Investigations of 8(a) Program Contractors

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Federal government contracts are routinely awarded to companies supplying goods and services to U.S. government agencies. According to the Government Accountability Office, in 2023, the federal government committed about $759...more

Bradley Arant Boult Cummings LLP

FCA Settlements with Companies on Government Cybersecurity Concerns Continue

On Monday, June 17, 2024, the Department of Justice (DOJ) announced settlements involving $11.3 million in payments for consulting companies failing to comply with cybersecurity requirements in federally funded contracts. The...more

PilieroMazza PLLC

[Webinar] Common Scenarios Triggering False Claims Act Violations, Part 3: Claims and Investigations - July 2nd, 2:00 pm - 3:00 pm...

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In the highly regulated world of government contracting, strict adherence to compliance obligations and the ability to identify and manage associated risks are essential. This is the third and final webinar in PilieroMazza’s...more

Jenner & Block

Government Contracts Legal Round-Up – 2024 Issue 5

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False Claims Act Update - The Department of Justice reported sharply increased False Claims Act recoveries for government fiscal year 2023. Settlements and judgements dramatically increased from the fiscal year 2022...more

Jenner & Block

Government Contracts Legal Round-Up | September 2023 Issue 18

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Welcome to Jenner & Block’s Government Contracts Legal Round‑Up, a biweekly update on important government contracts developments. This update offers brief summaries of key developments for government contracts legal,...more

Jenner & Block

Government Contracts Legal Round-Up - September 2023 Issue 17

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Welcome to Jenner & Block’s Government Contracts Legal Round‑Up, a biweekly update on important government contracts developments. This update offers brief summaries of key developments for government contracts legal,...more

Morgan Lewis

New OFCCP Rule Changes Investigative Process—to the Detriment of Contractors

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The US Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) recently issued a new final rule that will change how the agency investigates and enforces allegations of discrimination against federal...more

Venable LLP

Arbitration Award Against Federal Contractor Highlights Need to Review Collective Bargaining Agreements Prior to Internal...

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When companies are alerted to potential violations of policy or relevant law, they frequently open internal investigations to determine the events that occurred and whether the circumstances require corrective action....more

Jenner & Block

Government Contracts Legal Round-Up - February 2023 Issue 3

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FOIA - Citizens for Responsibility and Ethics in Washington v. United States, No. 21-5276 (D.C. Cir. January 31, 2023) The DC Circuit clarified what information an agency may properly withhold under FOIA’s Exemption...more

Snell & Wilmer

The Colorado False Claims Act Brings New Risks for Government Contractors in Colorado

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In June of 2022, Colorado Governor Jared Polis signed into law House Bill 22-1119, informally known as the Colorado False Claims Act (the “CFCA”). The CFCA is modeled after the federal False Claims Act and imposes liability...more

Hogan Lovells

World Bank investigations spike and highlight integrity risks in private sector development finance

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Ignoring integrity risks in emerging markets when receiving financing from the World Bank Group (WBG) is about to become much riskier, as the WBG Sanctions System Annual Report for Fiscal Year 2022 (FY22) indicates. The...more

Lowenstein Sandler LLP

Trade Matters - Lowenstein Sandler's Global Trade & National Security Newsletter - October 5, 2022

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On September 15, President Biden issued the first ever executive order (E.O.) regarding the Committee on Foreign Investment in the United States (CFIUS). While the E.O. does not change the law or regulations related to CFIUS...more

WilmerHale

Government Contract Investigations

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Companies that do business with the US government face unique challenges in investigations related to their government contract compliance. The complex regulatory regimes imposed on federal contractors present contractual and...more

Proskauer - Government Contractor Compliance...

Contractors, Get Ready. New OFCCP Directive Signals A New Unfriendly Enforcement Era

On March 31, 2022, OFCCP issued Directive 2020-02 titled “Effective Compliance Evaluations and Enforcement” (the “Directive”). The Directive’s stated purpose is to “provide transparency on OFCCP’s compliance evaluation...more

Polsinelli

OFCCP Directive on Compliance Evaluation Procedures Signals Renewed Focus on Enforcement

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On March 31, 2022, the Office of Federal Contract Compliance Programs (OFCCP) issued its second Directive, No. 2022-02, of the Biden Administration.  The new Directive implements both procedural and substantive changes to...more

Constangy, Brooks, Smith & Prophete, LLP

OFCCP dismantles The Four Pillars

“CERT” is now in the history books. During the Trump administration under former Director Craig Leen, the Office of Federal Contract Compliance Programs instituted a series of initiatives and policy changes that Leen...more

Bass, Berry & Sims PLC

What Does the DOJ’s New Civil Cyber-Fraud Initiative Mean for You?

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As discussed in a previous post, the Department of Justice (DOJ) has announced a new Civil Cyber-Fraud Initiative to utilize one of the strongest tools in its toolbox—the False Claims Act—to hold entities receiving federal...more

Pillsbury Winthrop Shaw Pittman LLP

COFC Splits with GAO on Key Personnel Availability Notifications

A Court of Federal Claims decision holds that offerors do not have a duty to inform agency of changes to key personnel availability after submission of proposal. - The decision departs from well-settled GAO precedent. -...more

Bradley Arant Boult Cummings LLP

Defense Contractor Denied FCA Summary Judgment in First Test of DOJ’s New Civil Cyber-Fraud Initiative

On February 1, 2022, the United States District Court for the Eastern District of California ruled that a False Claims Act (FCA) case against defense contractor Aerojet Rocketdyne Holdings and Aerojet Rockdyne Inc....more

PilieroMazza PLLC

PPP Loan Fall-Out: Expect More Audits and Investigations

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Unfortunately, the PPP Loan fall-out is far from over.  As we noted in the last blog on PPP issues, we are seeing a number of PPP Forgiveness denials for a number of different reasons, and, along with that, we are seeing the...more

Morrison & Foerster LLP

A MoForward Warning Comes True: No Poach Enforcement Hits the Defense Industry

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At our annual MoForward event in October 2021, Lisa Phelan offered practical advice about avoiding U.S. Department of Justice (DOJ) criminal antitrust enforcement of “no poach” agreements, predicting the defense industry...more

Bass, Berry & Sims PLC

Not Quite Good Enough: COFC Finds Agencies OCI Investigations Fall Short

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Organizational conflicts of interest (OCI) are troubling for both the government and contractors. Under FAR 2.101, an OCI is a situation where “a person is unable or potentially unable to render impartial assistance or advice...more

PilieroMazza PLLC

[Webinar] Catch Your Breath – A New Era of Labor Enforcement - March 10th, 11:00 am - 12:00 pm EST

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How will government contractors be impacted by the new administration? Based on some of President Biden’s initial Executive Orders issued, we can expect a significant focus for the administration will be on protecting the...more

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