Danielle Berti

Firm/Organization: Hogan Lovells

Latest Articles

EEOC Revises Contractor Pay Reporting Rule

July 13, 2016

Today, the U.S. Department of Labor’s Equal Employment Opportunity Commission (EEOC) revised an earlier proposed rule that would require that federal contractors report pay data. The original proposed rule, published in January 2016, expanded the content of the annual EEO-1 report, requiring contractors with more than 100 workers to provide pay data on race, ethnicity and gender, as we explained in our summary here. The EEOC intends these changes to address continuing pay gaps…

Focus on Regulation

Supreme Court Strikes Down Wartime Tolling of Civil Fraud Claims, While Affirming First-to-File Reinstatement for Civil False Claims Act Cases

By Tom McGovern, Mike Mason, Michael Vernick, Danielle Berti & Pete Dungan

May 27, 2015

Offering a mixed bag for federal contractors, on May 26, 2015, the Supreme Court of the United States unanimously overturned the Fourth Circuit’s decision in United States ex rel. Carter v. Halliburton Co., 710 F.3d 171 (4th Cir. 2013) that the Wartime Suspension of Limitations Act (WSLA) could be used to toll the statute of limitations on civil fraud claims. At the same time, the Court affirmed the Fourth Circuit’s holding that the relator’s claims were…

Focus on Regulation

New Labor-Related Executive Order for Federal Contractors On the Horizon?

By Danielle Berti

April 16, 2015

On April 15, 2015, the Congressional Progressive Caucus held a forum renewing their request for President Obama to issue another Executive Order related to labor policies governing Federal Contractors. Specifically, the CPC is asking the President to issue an Executive Order giving “preference” to federal contractors who pay workers at least $15 an hour and offer benefits, paid leave, full-time hours and predictable schedules. A preference $15 per hour floor would represent a substantial increase…

Focus on Regulation

Developing, Marketing, and Enforcing Intellectual Property in the Federal Market: Lessons from Liberty Ammunition

By David Burgett & Danielle Berti

January 28, 2015

A decision recently released by the U.S. Court of Federal Claims represents both a victory and a cautionary tale for innovators aiming to develop and sell technology to the Federal Government. Liberty Ammunition, Inc. v. U.S., 2014 WL 7465773, (Fed. Cl. Dec. 19, 2014, reissued Dec. 31, 2014). In Liberty Ammunition, the Court awarded compensation for patent infringement in the form of a reasonable royalty plus interest, which could total over $100 million over the…

Focus on Regulation

Law360’s Government Contracts Group of the Year Award Goes to Hogan Lovells

By Tom McGovern, Agnes Dover, Danielle Berti, David Burgett, Pete Dungan, William Ferreira, Brendan Lill, Mike Mason, Michael McGill, Allison Pugsley, Michael Scheimer, Emily Schriver, Joy Sturm, Marta Thompson, Michael Vernick, Katherine Morga, Ogechi A. Muotoh & Nicole Picard

January 14, 2015

Law360, New York (January 13, 2015, 6:24 PM ET) — Hogan Lovells’ government contracts practice once again showed its knack for helping clients dominate tough litigation, as it guided Lockheed Martin Corp. through contentious fee litigation with Goodyear Tire & Rubber Co. and successfully maintained a concession contract for the Grand Canyon’s primary resort manager, placing it among Law360’s Government Contracts Groups of the Year. Read more…

Focus on Regulation

Executive Order — Fair Pay and Safe Workspaces: New contractor responsibilities and the continued expansion of labor law requirements

By Agnes Dover, Tom McGovern, Danielle Berti & George W. Ingham

August 11, 2014

On 31 July 2014, President Obama signed an executive order titled “Fair Pay and Safe Workspaces,” which will require that contractors applying for certain new contracts in 20161 disclose all violations of certain workplace laws over the past three years. The order also provides that the commission of workplace law violations may preclude contractors from being awarded contracts. Accordingly, it is more critical now than ever for federal contractors to avoid employee-related violations. Read more…

Focus on Regulation

11th Circuit holds that companies may be indefinitely suspended on the basis of an indictment of an affiliate; no independent showing of wrongdoing is required

By Tom McGovern & Danielle Berti

January 9, 2014

In a long awaited decision, the 11th Circuit Court of Appeals held that affiliates of Public Warehousing Company, K.S.C. (PW), which was indicted for fraud, may be suspended for periods in excess of 18 months even though they were not charged or otherwise implicated in the misconduct. Agility Defense & Government Services v. U.S. Dept. of Defense, 2013 WL 6850891 (11th Cir. Dec. 31, 2013). The decision overturned the district court’s decision finding it was…

Focus on Regulation

GSA’s reverse auction platform is changing the way in which federal agencies buy and contractors compete through the Federal Supply Schedule program

By Michael McGill & Danielle Berti

October 18, 2013

This summer, the General Services Administration (GSA) launched a new online “eTool” that enables federal agencies to use a reverse auction process to procure basic commodities and services. The platform, ReverseAuctions.gsa.gov/, allows suppliers to bid competitively for government-contracting opportunities in real time, with the lowest bidder generally securing the work. While GSA has used third-party vendors, including Fed Bid Inc., to conduct such auctions in the past, this is the first large-scale reverse auction program…

Focus on Regulation

District Court applies Christian Doctrine, upholds hospitals as subcontractors subject to OFCCP anti-discrimination provisions

By Tom McGovern, Patricia Ambrose, Danielle Berti & Sarah Fleisch Fink

July 11, 2013

In a significant decision with implications beyond the healthcare industry, the D.C. District Court upheld a ruling by the U.S. Department of Labor’s Administrative Review Board (ARB) deeming three Pennsylvania hospitals government subcontractors subject to the Office of Federal Contract Compliance Programs’ (OFCCP) jurisdiction. UPMC Braddock v. Harris, No. 1:09-cv-01210-PLF (D.D.C. Mar. 30, 2013). Click here to read the full alert.…

Danielle Berti

EEOC Revises Contractor Pay Reporting Rule

Supreme Court Strikes Down Wartime Tolling of Civil Fraud Claims, While Affirming First-to-File Reinstatement for Civil False Claims Act Cases

New Labor-Related Executive Order for Federal Contractors On the Horizon?

Developing, Marketing, and Enforcing Intellectual Property in the Federal Market: Lessons from Liberty Ammunition

Law360’s Government Contracts Group of the Year Award Goes to Hogan Lovells

Executive Order — Fair Pay and Safe Workspaces: New contractor responsibilities and the continued expansion of labor law requirements

11th Circuit holds that companies may be indefinitely suspended on the basis of an indictment of an affiliate; no independent showing of wrongdoing is required

GSA’s reverse auction platform is changing the way in which federal agencies buy and contractors compete through the Federal Supply Schedule program

District Court applies Christian Doctrine, upholds hospitals as subcontractors subject to OFCCP anti-discrimination provisions

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