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GovCon & Trade

Findings of Interagency Suspension and Debarment Committee’s Fiscal Year 2018 Report

By Richard Arnholt

November 12, 2019

I recently commented to Law360 on the findings of the ISDC’s report on suspension and debarment activity in FY2018. The report, which is available here, shows an increased used of tools such as proactive engagement by contractors, pre-notice letters, and administrative agreements by suspending and debarring officials, all of which indicate an increased willingness to consider measures short of exclusion to address compliance weaknesses, particularly where those weaknesses do not pose a risk to the…

GovCon & Trade

Trump Revokes “Right of First Refusal” for Employees on Predecessor Contracts

By Todd Overman

November 11, 2019

On October 31, 2019, President Trump signed Executive Order (EO) 13897 – “Improving Federal Contractor Operations by Revoking Executive Order 13495.” Taking effect immediately, EO 13897 revokes EO 13495 previously issued by the Obama administration in January 2009. EO 13495, titled “Nondisplacement of Qualified Workers Under Service Contracts,” required successor contractors to an expired service contract to offer a right of first refusal of employment to those “qualified” employees from the predecessor contract if the…

Securities Law Exchange

Glass Lewis Issues Policy Changes Regarding Excluded Shareholder Proposals

By Eric Knox

November 8, 2019

Glass Lewis recently posted its comprehensive 2020 voting guidelines, which are summarized on the first page of the 2020 voting guidelines as well as on the Glass Lewis blog. Among other things, the 2020 voting guidelines update Glass Lewis’ voting guidance regarding excluded shareholder proposals. The updates are in response to the September 2019 guidance by the Staff of the Division of Corporation Finance (the Staff) regarding potential oral rather than written responses to…

HR Law Talk

Age Discrimination in the Workplace: How to Keep Baby Boomers Happy

By Tim K. Garrett

November 7, 2019

I recently discussed the potential for age discrimination in the workplace when companies focus too much on recruitment of young employees. The article argues that by focusing solely on young talent, organizations miss out on the “perspective” and “expertise” that baby boomers can offer customers and fellow employees. “It often manifests itself in what I call lazy language—when somebody says that they want to cultivate a ‘youthful environment’ when what they really mean is a…

Securities Law Exchange

SEC Proposes to Modernize Shareholder Proposal Thresholds and Certain Procedural Elements of Rule 14a-8

By Scott Holley

November 7, 2019

On November 5, the Securities and Exchange Commission (SEC) in a 3-2 decision voted to propose amendments to rules governing shareholder proposals in companies’ proxy statements. These proposed amendments – which seek to revise Rule 14a-8’s eligibility requirements, one-proposal limit, and resubmission thresholds – follow on the heels of recent guidance issued by the Staff of the Division of Corporation Finance related to the no-action letter process for shareholder proposals. The press release…

GovCon & Trade

Tis the Season (for Protests)!

By Richard Arnholt

November 5, 2019

The government fiscal year runs from October 1 to September 30, and at the end of each fiscal year federal agencies rush to award contracts and commit funding before that funding expires. As a result, our Government Contracts Practice is typically very busy between September and November filing protests of awards or defending awards to our clients, often filing detailed challenges to awards on very short notice, typically 10 days or less. This year has…

Securities Law Exchange

Recent SEC Reporting Developments and Enforcement Insights (WEBINAR)

By Jay Knight & Michael Rivera

November 4, 2019

Please join the Bass, Berry & Sims Corporate & Securities Practice Group for a series of complimentary webinars exploring various public company – related securities law issues. These quarterly CLE programs will be an extension of this blog and will feature timely and practical guidance to SEC disclosure counsel on key topics of interest. The second Securities Law Exchange webinar, hosted by Bass, Berry & Sims attorneys Jay Knight and Michael Rivera, will feature guest presenter…

GovCon & Trade

Insight on DoD’s Cybersecurity Plan

By Todd Overman

November 1, 2019

As the Department of Defense (DoD) pushes to overhaul cybersecurity requirements with a new Cybersecurity Maturity Model Certification (CMMC) program to be implemented in the fall of 2020, I recently provided insights for an article in Law360 that highlighted some potential challenges the quick rollout and still-unanswered questions could present. Contractors generally welcome the unified and modernized approach to cybersecurity, but because there are many questions left unanswered since the initial drafts released in May…

Securities Law Exchange

ABA Securities Committee Comments on SEC’s Concept Release on Private Offerings Harmonization

By Jay Knight

October 31, 2019

In June of this year, the SEC issued a concept release that reviews the framework for exempt offerings, including several exemptions from registration under the Securities Act of 1933 that facilitate capital raising. The concept release seeks comment on possible ways to simplify, harmonize and improve this exempt offering framework to expand investment opportunities while maintaining appropriate investor protections and promote capital formation. To date, approximately 161 commentators have submitted letters to the SEC, and…

HR Law Talk

(Another) Big Bank Pays FCPA Penalty for Hiring Practice

By Bass, Berry & Sims

October 30, 2019

Note: This post originally appeared on the Bass, Berry & Sims GovCon Trade blog. Subscribe to that blog for insight on the demanding and ever-changing regulatory environment of contracting with federal, state and local governments, and international trade issues when conducting a global business. On September 27, 2019, Barclays PLC agreed to pay $6.3 million to the Securities and Exchange Commission (SEC) to settle charges that Barclays violated the books and records and internal accounting…

Bass, Berry & Sims PLC

Bass, Berry & Sims PLC Blogs

Blog Authors

Findings of Interagency Suspension and Debarment Committee’s Fiscal Year 2018 Report

Trump Revokes “Right of First Refusal” for Employees on Predecessor Contracts

Glass Lewis Issues Policy Changes Regarding Excluded Shareholder Proposals

Age Discrimination in the Workplace: How to Keep Baby Boomers Happy

SEC Proposes to Modernize Shareholder Proposal Thresholds and Certain Procedural Elements of Rule 14a-8

Tis the Season (for Protests)!

Recent SEC Reporting Developments and Enforcement Insights (WEBINAR)

Insight on DoD’s Cybersecurity Plan

ABA Securities Committee Comments on SEC’s Concept Release on Private Offerings Harmonization

(Another) Big Bank Pays FCPA Penalty for Hiring Practice

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