Government Contracts

Voluntary CFIUS Filings May Limit Uncertain Outcomes

Attorneys at DLA Piper outline key considerations U.S. businesses should consider when deciding whether to voluntarily notify the Committee on Foreign Investment in the United States of transactions, in order to avoid unexpected governmental review and intervention.

Where FCA Litigation Stands 5 Years After Escobar

Five years after the U.S. Supreme Court's landmark decision in Escobar, the False Claims Act's materiality requirement continues to be at the center of complex investigations and litigation, and the ruling has significantly affected dispositive motions, discovery and the U.S. Department of Justice’s dismissal authority, say Matthew Curley and Brian Roark at Bass Berry.

Biden Sanctions Reinforce Trump-Era Foreign Policy

Five months in, the Biden administration has continued and expanded Trump-era sanctions policies, which is particularly relevant against the backdrop of the evolving relationship between the U.S. and China, and creates a framework for robust enforcement from the Office of Foreign Assets Control in the years ahead, say attorneys at Ropes & Gray.

Local Gov'ts Must Note Lessons In Religious Exception Ruling

Last week’s U.S. Supreme Court decision in Fulton v. Philadelphia marks a noteworthy change in the free exercise doctrine and has important implications for state and local governments in balancing tensions between anti-discrimination and religious accommodation policies, say Eric Fraser and Josh Bendor at Osborn Maledon.

Navigating Inadvertent Attorney-Client Privilege Waivers

Spencer Fane’s Deena Duffy offers tips for identifying accidental privilege waivers based on local and federal rules, and for interpreting recent case law when such rules are unclear.

5 Mistakes Gov't Contractors Make When Shipping Cargo

As the White House is creating a new office that will ensure agency compliance with cargo preference requirements, now is a good time to review certain misconceptions about shipping cargo under government contracts — such as assuming a Federal Acquisition Regulation clause doesn't apply to a company because it is shipping commercial items, says Jayna Rust at Thompson Coburn.

Attorneys Beware: Zoom Depositions Are Likely Inadmissible

As legal proceedings have moved online in light of the pandemic, lawyers may mistakenly believe that recorded Zoom video depositions can be entered as evidence, but without certain safeguards, the testimony is unlikely to be accepted by courts, says Phillip Zisook at Schoenberg Finkel.

5 Ways To Make The Most Of GSA's New Gov't Contracts Site

The General Services Administration's new systems award management website has gotten mixed reviews, but key insights for navigating the aggregated federal acquisition databases can help users build more successful and compliant government contracting businesses, say Matthew Haws and Umer Chaudhry at Jenner & Block.

Law Firm Talent Must Reflect Shifting US Demographics

Stephanie Scharf at Scharf Banks and Roberta Liebenberg at Fine Kaplan analyze and project U.S. demographic trends to show that law firms that hope to succeed long-term must recruit, retain and advance female lawyers and lawyers of color, and they outline six steps for meeting these goals.

Thorny Issues Posed By WTO Vaccine Patent Waiver

Excerpt from Practical Guidance

The U.S. government's talks with World Trade Organization member states on waiving certain intellectual property rights for COVID-19 vaccines present complex questions with regard to pharmaceutical industry barriers to entry, existing mechanisms for transfer of vaccine technology and long-standing international treaty obligations, says Catriona Collins at LexisNexis.

Medical Device Cases Show Increased Sunshine Act Scrutiny

Recent U.S. Department of Justice and Centers for Medicare & Medicaid Services settlements with two medical device manufacturers signal ramped-up enforcement of the Sunshine Act, highlighting a departure from a historically gentler approach, say Jaime Jones and Brenna Jenny at Sidley.

A Gov't Contractor's Road Map To Biden Cybersecurity Order

Following President Joe Biden's recent executive order to improve U.S. cybersecurity, Justin Chiarodo and Sharon Klein at Blank Rome highlight how four key elements will particularly affect government contractors and their suppliers, and what contractors should expect as they prepare to operate in a new compliance environment.

A Biz Strategy Model To Improve Lateral Atty Hiring Diversity

Quantitative comparison tools commonly used by companies in evaluating merger targets will allow law firms to assess lateral hire candidates in a demographically neutral manner, help remove bias from the hiring process and bring real diversity to the legal profession, says Thomas Latino at Florida State University.

Smaller Firms Need Employee Wellness Programs, Too

As we emerge from the pandemic, small and midsize firms — which offer an ideal setting for companywide connection — should follow in the footsteps of larger organizations and heed the American Bar Association’s recommendations by adopting well-being initiatives and appointing a chief wellness officer, says Janine Pollack at Calcaterra Pollack.

Bid Protest Spotlight: Clarity, Timeliness, Agency Deference

In this month's bid protest roundup, Caitlin Crujido at MoFo looks at decisions from the U.S. Government Accountability Office and U.S. Court of Federal Claims highlighting the importance of clear proposals and timeliness in solicitation ambiguity protests, and showing that the GAO and Claims Court will generally defer to an agency's judgment about an organizational conflict.