Government Contracts

Opinion

The Case For A Nonpolitical Federal Judiciary

For the last 20 years, at the insistence of both parties, U.S. Supreme Court nominations have been fierce ideological battles — which is bad for the country and bad for the public's perception of the legitimacy of the court, say Judge Eric Moyé, Judge Craig Smith and Winston & Strawn partner Tom Melsheimer.

Trump's Drug Pricing Order Is More Bark Than Bite

President Donald Trump's new executive order addressing pricing for drugs covered by Medicare Parts B and D glosses over enormous difficulties in restructuring Medicare operations and is unlikely to lead to any imminent changes, say attorneys at Debevoise.

The Keys To A Better Privilege Logging Paradigm

Current privilege logging practices to identify what information is being withheld from discovery often lead to costly disputes, so practitioners should adopt a system based on trust and good faith, similar to the presumptions embedded in the business judgment rule for corporate directors and officers, say Kevin Brady at Volkswagen and Charles Ragan and Ted Hiser at Redgrave.

White House Due Process Memo Could Reform Enforcement

A little-noticed memo recently issued by the Trump administration in response to the pandemic, directing federal agencies to provide greater due process to individuals and companies under regulatory investigation, represents a long-overdue sea change in the way justice is carried out in enforcement proceedings, say Joan Meyer and Norman Bloch at Thompson Hine.

Law Firm Hiring Considerations In A COVID-19 Economy

Financially robust law firms are entering the recruiting market aggressively knowing that dislocations like the COVID-19 crisis present rare competitive opportunities, and firms that remain on the sidelines when it comes to strategic hiring will be especially vulnerable to having their best talent poached, says Brian Burlant at Major Lindsey.

Defense Supply Chain Compliance For Midsize Contractors

While no formal certification process exists under the International Traffic In Arms Regulations export controls, there are several important steps midsize, second- and third-tier defense contractors can take to achieve supply chain compliance and document readiness to primary contractors concerned about secondary liability, says Thomas McVey at Williams Mullen.

Opinion

Lawyers Must Act To Preserve Democracy This Election

COVID-19 concerns and glaring gaps in registration threaten to dampen voter turnout in the 2020 election, so attorneys should take on the problem by leveraging their knowledge and resources in seven ways, says Laura Brill at Kendall Brill.

How To Effectively Defend Witnesses In Remote Depositions

When a witness is isolated from the defending lawyer during a remote deposition, carefully planning the logistics and building witness confidence are critical to avoiding damaging admissions, say Jessica Staiger at Archer Daniels and Alec Solotorovsky at Eimer Stahl.

Whether And How To Compel Remote Arbitration

Excerpt from Practical Guidance

As the pandemic delays in-person arbitration hearings, mediator and arbitrator Theodore Cheng provides arbitrators with a checklist to examine the rationale and authority for compelling parties to participate in remote hearings.

The Unique Challenges Of Protecting A Law Firm Brand

Recent law firm trademark disputes highlight how the tension between legal ethics rules and trademark law can make it difficult for firms to select brands that are distinctive and entitled to protection, say Kimberly Maynard and Tyler Maulsby at Frankfurt Kurnit.

Takeaways From DOJ Civil Division's Inability-To-Pay Memo

Guidance issued last week at the U.S. Department of Justice is helpful insofar as it clarifies the Civil Division's inability-to-pay process and criteria, but many open questions remain, say Matthew Miner and Amanda Robinson at Morgan Lewis.

Bid Protest Spotlight: Conflicts, Timeliness, USPTO Rules

In this month's bid protest roundup, Locke Bell at MoFo looks at three recent Government Accountability Office decisions considering potential organizational conflicts of interest in the government’s acquisition process, the timeliness of a sole-source award protest, and the exclusion of parties as potential bidders under the U.S. Patent and Trademark Office’s unique rules.

China's Talent Recruiting Plans Pose New Risks For Academia

Although recent U.S. Department of Justice enforcement related to China's Thousand Talents Plan has, thus far, focused on individuals, it is not unforeseeable that the DOJ could pursue universities for criminal or civil liability for violations associated with federal research grants, say Ivan Boatner and William Beasley at Baker Donelson.

What To Know When Making Dispositive Motions In Arbitration

As practitioners increasingly turn to dispositive motion practice within arbitration, they should be aware of the underlying authority for these motions and consider practical guidance for their use, says arbitrator and mediator Janice Sperow.

4 Ways Amicus Briefs Can Support An Overall Legal Strategy

The strategic use of amicus briefs can help an appellate court think about a case in a new way and lift an organization's own cause or reputation for legal thought, say Mark Chopko and Karl Myers at Stradley Ronon.