Government Contracts & Investigations Blog

Latest updates on Developments Affecting Government Contracts & Investigations

Blog Authors

AB C D EFG HIJ K L M NOPQR S TUV WXYZ

Sarah Aberg

Laura Alexander

Larry Allen, Allen Federal Partners

Daniel Alvarado

Jonathan Aronie

Latest from Government Contracts & Investigations Blog

Government Contracts & Investigations Blog

How a New Era in Antitrust Enforcement May Impact Government Contractors

By John Carroll

February 24, 2021

With a new presidential administration promising vigorous antitrust enforcement, and a new Democratic majority in Congress seeking to make drastic changes to U.S. antitrust laws, the technology and healthcare industries have found themselves the main targets of increased antitrust scrutiny. Though companies engaging in government contracting, particularly in the aerospace and defense industries, already have had to deal with a range of antitrust issues – for example, the Department of Justice, Antitrust Division (the “DOJ”)…

Government Contracts & Investigations Blog

Authorized Government Contractors Now Covered Persons Under the PREP Act

By Keeley A. McCarty

February 24, 2021

The Secretary of the U.S. Department of Health and Human Services recently added government contractors to the list of entities eligible for immunity from liability under the Secretary’s March 17, 2020, Public Readiness and Emergency Preparedness Act (“PREP Act”) declaration. The PREP Act protects individuals and companies from liability for death or other tort-like harm in connection with the pandemic response, except for cases involving “willful misconduct.” Under the recent amendment, government contractors acting…

Government Contracts & Investigations Blog

Made in America – President Biden’s Executive Order on Buying (Even More?) American

By David Gallacher & Ariel E. Debin

January 27, 2021

Finance-and-Bankruptcy-Blog-Image_US-Investments-660x283

On January 25, 2021, President Joe Biden signed an Executive Order on “Ensuring the Future is Made in All of America by All of America’s Workers,” laying his administration’s foundation for further strengthening Buy American laws and encouraging domestic procurement. Using the broad phrase “Made in America Laws,” the EO aims to strengthen “all statutes, regulations, rules, and Executive Orders relating to Federal financial assistance awards or Federal procurement, including those that refer to ‘Buy…

Government Contracts & Investigations Blog

Key Provisions You Should Know From FY 2021 NDAA

By Townsend Bourne, Daniel Alvarado & Nikole Snyder

January 27, 2021

On January 1, 2021, Congress overrode President Trump’s veto of the Fiscal Year (“FY”) 2021 National Defense Authorization Act (“NDAA”) (the “Act”), Pub. L. No. 116-283. The $740 billion defense bill establishes funding levels for United States Department of Defense (“DOD”) activities for the fiscal year (running through September 30, 2021). While the bill includes nearly 1500 pages, here we provide summaries of select provisions of the Act in three categories: (1) generally noteworthy for…

Government Contracts & Investigations Blog

The NISPOM is Becoming a Regulation & Contractors Have Six Months to Comply

By Townsend Bourne & Nikole Snyder

January 27, 2021

On December 21, 2020, the Department of Defense (“DoD”) published a final rule in the Federal Register that codifies the National Industrial Security Program Operating Manual (“NISPOM”) in the Code of Federal Regulations (“CFR”) at 32 CFR part 117. The rule will become effective on February 24, 2021, giving contractors six months from the effective date to comply with the changes. Comments on the proposed change are due by February 19, 2021.[1]…

Government Contracts & Investigations Blog

New Rules Governing Remote Identification of Unmanned Aircraft

By Curtis Dombek

January 27, 2021

On December 28, 2020, the FAA issued a new rule, published in the Federal Register on January 15, 2021, which will impose a requirement (subject to two exceptions described below) for every unmanned aircraft weighing over 0.55 pounds and operated in U.S. navigable airspace to incorporate a remote identification capability so that it can be tracked in U.S. air traffic. The new rule takes effect 60 days after publication in the Federal Register, but…

Government Contracts & Investigations Blog

“Would You Rather…” – Escobar’s Demanding Materiality Standard or Actual Causation?

By Keeley A. McCarty

January 27, 2021

According to a recent decision in United States ex rel. Scollick v. Narula, Case No. 14-cv-1339 (D.D.C. Nov. 6, 2020), the fraudulent inducement theory of False Claims Act (“FCA”) liability does not require plaintiffs to satisfy the “demanding” materiality standard set forth in Universal Health Services, Inc. v. United States ex rel. Escobar, 136 S. Ct. 1989 (2016). Though that may sound like good news for plaintiffs, it is not. The fraudulent inducement theory…

Government Contracts & Investigations Blog

“Buy (More) American” – Final Rule Implements Changes to the Buy American Act Regulations

By David Gallacher & Ariel E. Debin

January 20, 2021

On January 19, 2021, the Federal Acquisition Regulatory Council published the final rule amending the Federal Acquisition Regulation (“FAR”) in accordance with President Trump’s Executive Order 13881, “Maximizing Use of American-Made Goods, Products, and Materials.” As we discussed in our prior blog articles here (discussing the September 2020 proposed rule) and here (discussing the July 15, 2019 order), the Executive Order required significant changes to the regulations implementing the Buy American Act, 41 U.S.C.…

Government Contracts & Investigations Blog

IoT Legislation Passes Congress

By Elfin Noce, Jonathan E. Meyer & Townsend Bourne

November 30, 2020

Legislation directing the National Institute of Standards and technology (“NIST”) to create standards and guidelines for securing Internet of Things (“IoT”) devices used by Federal agencies and their contractors recently passed the Senate and is heading to the President’s desk. We have been following this legislation closely for the past two years, here and here. The bill passed in the Senate without amendment by unanimous consent.…

Government Contracts & Investigations Blog

SEC Proposal to Exempt Finders from Registration Generates Split Reaction

By Bochan Kim & Jeff Kern

November 30, 2020

Finance-and-Bankruptcy-Blog-Image_Money-Collage-660x283

A Securities and Exchange Commission (“SEC”) plan to create a registration exemption for certain finders has generated a mixed response. The nearly 90 comments received by the SEC by the November 12, 2020 close of the comment period reflect a clear divide along predictable lines. Broker-dealers, issuers, and some practitioners lauded the proposal for bringing regulatory clarity to what has long been a cloudy issue while regulatory groups and investor advocates criticized the plan for…

Government Contracts & Investigations Blog

Latest updates on Developments Affecting Government Contracts & Investigations

Blog Authors

How a New Era in Antitrust Enforcement May Impact Government Contractors

Authorized Government Contractors Now Covered Persons Under the PREP Act

Made in America – President Biden’s Executive Order on Buying (Even More?) American

Key Provisions You Should Know From FY 2021 NDAA

The NISPOM is Becoming a Regulation & Contractors Have Six Months to Comply

New Rules Governing Remote Identification of Unmanned Aircraft

“Would You Rather…” – Escobar’s Demanding Materiality Standard or Actual Causation?

“Buy (More) American” – Final Rule Implements Changes to the Buy American Act Regulations

IoT Legislation Passes Congress

SEC Proposal to Exempt Finders from Registration Generates Split Reaction

Stay Connected

Company

Products

Support

New to the Network