The Department of War’s (DOW) Defense Innovation Unit (DIU) recently launched a new pilot program designed to address one of the longstanding barriers facing commercial companies seeking to enter the classified defense market: obtaining a facility security clearance before they
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Bass, Berry & Sims is a Tennessee-based law firm with more than 280 attorneys representing and advising Fortune 500 companies as well as regional and local businesses, including acting as the principal corporate counsel for approximately 35 public companies. Our attorneys have been involved in some of the largest and most significant litigation matters, investigations and business transactions in the country.
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D.C. Circuit Upholds FRA Buy America Waiver for Brightline West High-Speed Rail Project
In a September 25 decision, the D.C. Circuit concluded that FRA reasonably determined that the required high-speed trains were not domestically available and that the agency adequately explained why a limited waiver was appropriate. The decision resolves, at least for…
Corp Fin Updates Its Compliance and Disclosure Interpretations: 7 Revised, 26 Withdrawn
On Friday, September 25, 2026, the SEC’s Division of Corporation Finance updated a large batch of its Compliance and Disclosure Interpretations (CFIs). It revised seven CFIs and withdrew 26 across a variety of topics.…
FinCEN Identifies $17.5 Billion in Suspected Healthcare Fraud, Reinforces Prior Warning to Financial Institutions
On September 9, the U.S. Department of the Treasury announced that the Financial Crimes Enforcement Network (FinCEN) had identified approximately $17.5 billion in suspicious financial activity potentially connected to healthcare fraud. Part of the Treasury Department, FinCEN has primary responsibility…
FinCEN Identifies $17.5 Billion in Suspected Healthcare Fraud, Reinforces Prior Warning to Financial Institutions
On September 9, the U.S. Department of the Treasury announced that the Financial Crimes Enforcement Network (FinCEN) had identified approximately $17.5 billion in suspicious financial activity potentially connected to healthcare fraud. Part of the Treasury Department, FinCEN has primary responsibility…
Bid Protest Minute: Corporate Affiliation Is Not Enough! GAO Clarifies When Offerors May Rely on Affiliate Experience
The Government Accountability Office (GAO) recently sustained a bid protest challenging an agency’s decision to credit an awardee with the experience and past performance of an affiliated company. In Battelle Memorial Institute, B-424575, B-424575.2 (Sept. 10, 2026), GAO concluded…
Starbucks Settlement Adds to Growing Scrutiny of Corporate DEI Programs
On September 17, Florida Attorney General James Uthmeier announced that Starbucks agreed to pay $1 million and undertake several commitments to resolve a lawsuit alleging that Starbucks engaged in employment practices that violated the Florida Civil Rights Act through race-…
Starbucks Settlement Adds to Growing Scrutiny of Corporate DEI Programs
On September 17, Florida Attorney General James Uthmeier announced that Starbucks agreed to pay $1 million and undertake several commitments to resolve a lawsuit alleging that Starbucks engaged in employment practices that violated the Florida Civil Rights Act through race-…
Starbucks Settlement Adds to Growing Scrutiny of Corporate DEI Programs
On September 17, Florida Attorney General James Uthmeier announced that Starbucks agreed to pay $1 million and undertake several commitments to resolve a lawsuit alleging that Starbucks engaged in employment practices that violated the Florida Civil Rights Act through race-…
Guidance Out, Dismissals In: DOJ Rewrites the False Claims Act Playbook with Justice Manual Revisions on Sub-Regulatory Guidance and Qui Tam Dismissals
Guidance remains relevant as evidence, particularly in healthcare. While guidance cannot establish the underlying legal duty, CMS manuals, Local Coverage Determinations, and similar materials may still be used to prove scienter, notice, industry standards, and medical necessity in FCA cases. …