Impacts of Encryption Regulation and Strategic Competition Act on CFIUS
The last two years have seen the passage and expedited implementation of the Foreign Investment Risk Review Modernization Act (FIRRMA) – arguably the largest change in U.S. regulation of foreign investment since the 1975 creation of the Committee on Foreign Investment in the U.S. (CFIUS).
Significant changes to U.S. Foreign Direct Investment (FDI) related laws and regulations continue. Recent changes by the U.S. Department of…
A property owner is generally liable for hazards on the property that injure others. On construction projects, this presents a significant risk for owners because there are always multiple hazards present, and the owner, generally, has very little control or knowledge of all the work being performed. Chapter 95 of the Texas Civil Practice and Remedies Code alleviates some of this risk by limiting a commercial property owner’s liability for personal injury claims by contractors…
If your business holds a U.S. security clearance — or is in the process of applying for one — take note of two big changes at the Defense Counterintelligence and Security Agency (DCSA). First, after more than 25 years, the National Industrial Security Program Operating Manual (NISPOM) is now being codified in the Code of Federal Regulations. Second, DCSA is replacing the Joint Personnel Adjudications System (JPAS) with the new Defense Information Security System (DISS).…
David K. Taylor, Bradley Arant Boult Cummings, Nashville, TN
dtaylor@bradley.com
615-252-2396
There’s a great argument that lawyer advocacy in an arbitration is more essential than at a trial in court. This post is the ninth of the top 10 most horrible, terrible, no good, “bang your head against the door” mistakes that I have seen lawyers make in arbitrations, both when I served as counsel and as an arbitrator. Agreeing to arbitrate a dispute, whether…
To all our friends with international projects, partners, or contracts, please take note of some significant changes to one of the potential sets of procedures and rules that may govern or apply to your international dispute. The International Centre for Dispute Resolution (ICDR) recently amended its Dispute Resolution Procedures (including its Arbitration and Mediation Rules), which became effective on March 1, 2021.
The general thrust of these changes was to increase efficiency and cost-effectiveness. The…
The Government Accountability Office (GAO), in Spartan Medical, Inc., B-419503, recently clarified the scope of its jurisdiction over bid protests involving an agency’s use of its other transaction agreement (OTA) authority. The GAO’s decision in this case is noteworthy because agencies are increasingly relying on OTAs to meet their procurement needs.
The Facts
On November 12, 2020, the Air Force issued a solicitation seeking “white papers or solution briefs” responding to the need for…
For our friends who litigate (or arbitrate!) in Alabama, take note of this recent Alabama Supreme Court decision. Although not a construction case, this recent decision dramatically illustrates what not to do if you want to arbitrate your dispute, as is the preferred dispute resolution mechanism in many design and construction contracts. In The Health Care Authority for Baptist Health et al. v. Dickson, the court found that a party to a contractual arbitration provision…
David K. Taylor, Bradley Arant Boult Cummings, Nashville, TN
dtaylor@bradley.com
615-252-2396
There’s a great argument that lawyer advocacy in an arbitration is more essential than at a trial in court. This post is the eighth of the 10 most horrible, terrible, no good, “bang your head against the door” mistakes that I have seen lawyers make in arbitrations, both when I served as counsel and as an arbitrator. Agreeing to arbitrate a dispute, whether in…
The Federal Acquisition Regulation (FAR) Council recently issued its long-awaited final rule limiting the ability of civilian agencies to use the Lowest Price Technically Acceptable (LPTA) procurement method. The final FAR rule — which takes effect on February 16, 2021, and largely tracks the language contained in the Defense Federal Acquisition Regulation Supplement (DFARS) final rule from 2019 — is codified at FAR 15.101-2.
What is LPTA?
The LPTA method is a competitive negotiation source…
The Interagency Suspension and Debarment Committee (ISDC) recently issued its annual report to Congress on federal government suspension and debarment activities for fiscal year (FY) 2019. Key takeaways from the year’s ISDC report are discussed below.
What is the ISDC Suspension and Debarment Report?
Created by Executive Order 12549, the ISDC is an interagency body “consisting chiefly of representatives from Executive-branch organizations that work together to provide support for suspension and debarment programs throughout the…