This post was written by Joelle E.K. Laszlo. In an effort to update U.S. policy to “enhanc[e] support to allies and friends, improv[e] efficiency in licensing, and reduc[e] unintended consequences,” the State Department (“State” or “the Department”) has proposed to revise the definition of “defense service” in the International Traffic in Arms Regulations (“ITAR”). While … Continue Reading
This post was written by Joelle E.K. Laszlo. In response to the increasingly grave political, commercial, and humanitarian turmoil that Libya has endured in the recent weeks, the international community has combined forces in an effort to subdue Muammar Qadhafi’s brutal regime. The United Nations Security Council has called its Member States to enact, among other … Continue Reading
This post was written by Matthew J. Thomas. The US Federal Maritime Commission (FMC), which regulates US international ocean shipping services, has made life easier for thousands of logistics companies and their import/export customers. The FMC regulates a broad range of “ocean transportation intermediaries,” the logistics providers and forwarders who connect importers and exporters with … Continue Reading
This post was written by Joelle E.K. Laszlo. Though April 15 will not be tax day this year, it may still be scary for some. According to an interim rule published last week in the Federal Register, April 15 is the day that information in the Federal Awardee Performance and Integrity Information System (“FAPIIS”) will be … Continue Reading
This post was written Christopher B. Monahan. The new Form I-129 has highlighted the restrictions on deemed exports of technology to foreign national employees. Originally effective December 23, 2010, the new form requires employers to certify that they will not “release” controlled technology or data to an H-1B, L-1 or O-1 worker without the appropriate … Continue Reading
This post was written by Joelle E.K. Laszlo. While it’s usually good to be the first to do something in Hollywood, it is decidedly not good when that something is violate the Foreign Corrupt Practices Act (“FCPA”). Former power couple Gerald and Patricia Green are learning that lesson the hard way, as they spend the … Continue Reading
This post was written by Stephen P. Murphy. On December 7, 2010 the Antitrust Division of the Department of Justice announced that for the first time it was requiring actual restitution by a company as a condition of the company’s participation in the Division’s Corporate Leniency Program. Bank of America was the first and only company … Continue Reading
This post was written by Stephen P. Murphy. I was fortunate to be invited as a guest commentator on The Washington Legal Foundation’s video blog, Legally Brief, about the significance of the recent settlement of the Federal Trade Commission v. Intel Corp. administrative complaint. The complaint appears to presage a return of the FTC to active … Continue Reading
This post was written by Joelle E.K. Laszlo. “Efficiency” and “transparency” are on the lips of many government regulatory types these days. Along these lines, the FAR Council has proposed a process for determining whether the President may waive in a particular circumstance the standing prohibition in FAR section 25.702 on doing business with entities … Continue Reading
This post was written by Joelle E. K. Laszlo. Inflation is good for some things, including increasing the acquisition-related thresholds in the Federal Acquisition Regulation (“FAR”). Inflation-pegged adjustments to the FAR thresholds were initiated by the Ronald W. Reagan National Defense Authorization Act of 2005, and are required every five years thereafter. The most recent … Continue Reading
This post was written by Leslie A. Peterson. The government contracts community has long debated what steps, if any, the federal government should take to help women-owned small businesses break through the glass ceiling (or get off the sticky floor). Taking one of the last steps in a process that began in 2000, on October … Continue Reading
This post was written by Andrew C. Bernasconi and Nathan R. Fennessy. After Congress and the courts have spent the past few years making it easier for private citizens acting in the name of the government (also known as “qui tam relators”) and the government to maintain False Claims Act (“FCA”) cases, and eliminating many of … Continue Reading
This post was written by Leslie A. Peterson. The Small Business Jobs Act of 2010 (“the Act”), signed by President Obama on September 27, 2010, quashed the argument that Historically Underutilized Business Zone (“HUBZone”) small businesses are entitled to absolute contracting priority. Section 1347 of the Act establishes parity among the Small Business Administration’s (“SBA”) … Continue Reading
Articles In This Issue: Protest, Claim, or Both? Taking Advantage of Dual Jurisdiction in the U.S. Court of Federal Claims Cloud Computing – The Risks and Rewards for Federal Government Contractors New Government Contractor Reporting Requirements on Subcontracts and Compensation U.S.–Canada Trade Agreement Suggests Increased Cross-Border Opportunities with Regard to Public Projects Click here to … Continue Reading
This post was written by Lorraine M. Campos and Keith D. Coleman. On September 15, 2010, the House unanimously passed H.R. 5366, referred to as the “Overseas Contractor Reform Act (the “Act”)”. The Act would amend federal law to require that any individual, partnership, or corporation found to be in violation of the Foreign Corrupt … Continue Reading
This post was written by Joelle Laszlo. In a twist lauded by proponents of government transparency, the 2010 Supplemental Appropriations Act (“Act”) signed by President Obama July 29, 2010, requires that nearly all of the information contained in the Federal Awardee Performance and Integrity Information System (“FAPIIS”) be made available on the Internet. Specifically, the … Continue Reading
This post was written by Anne Borkovic. After months of intense global negotiations, and facing increased sanctions from the United States, the EU, and the United Nations, what is life like in Iran? As expected, Iranians are experiencing increased gas prices, and the Iranian Revolutionary Guard is having some financing difficulties. Some of the more interesting effects, … Continue Reading
This post was written by Stephanie Giese. The passage of the Weapon Systems Acquisition Reform Act of 2009 (“WSARA”) signed into Public Law 111-23 on May 22, 2009, and most notably the Organizational Conflict of Interest (“OCI”) provisions of the WSARA, arguably marks the start of the Congress’ tear to reform Department of Defense (“DoD”) contracting. … Continue Reading
This alert was written by Edward Miller, Eugene Tillman, Cynthia O’Donoghue, and Leon Stephenson. The arrival of the new UK Coalition Government has brought with it proposals to reform the health care system in the UK over the next four years, detailed in its much publicized White Paper “Equity and excellence: Liberating the NHS”. The … Continue Reading
Articles in This Issue: A Summer of Sanctions: World Leaders Respond to Iranian Obstinacy New Department of Justice Guidance Seeks to Bolster Confidence in the Use of Independent Monitors Round 2: Encryption Controls Streamlining The British Are Coming! The British Are Coming! – Preparing for the Launch of the Bribery Act of 2010 Government Procurement … Continue Reading
This post was written by Lorraine Campos and Steve Tibbets. Federal contractors can add yet another item to their lists of databases in which they register and disclose information. As of July 8, 2010, contracting officers are to modify certain federal contracts to include a Federal Acquisition Regulation (“FAR”) clause that requires certain contractors to … Continue Reading
This post was written by Anne Borkovic. Who knew that gecko was mixed up with such unsavory characters? On June 3, 2010, the U.S. Treasury, Office of Foreign Assets Control (“OFAC”) announced that GEICO General Insurance Company paid $11,000 to settle allegations that, from approximately September 2006 to June 2007, it provided a car insurance … Continue Reading
This post was written by Lorraine Campos, Stephanie Giese, and Joelle Laszlo. Whether or not you believe cloud computing represents a revolutionary change in the provision of software and data processing services, the cloud and its lexicon have become firm fixtures in corporate enterprise management and, more recently, in doing business with the federal government. As … Continue Reading
This post was also written by Jeremy Feinstein. On May 24, 2010, the United States Supreme Court held, in American Needle, Inc. v. National Football League, et al., that the NFL, its teams, and intra-league ventures, are not a single enterprise for the purposes of Section 1 of the Sherman Act, and therefore the NFL’s … Continue Reading
