FCPA

Top Ten International Anti-Corruption Developments for April 2018

In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments from the past month, with links to primary resources. This month we ask: Which company received the first declination under the Department of Justice’s (DOJ) new FCPA Corporate Enforcement Policy? How has ...›

Protests and Litigation
May 23, 2018Protests & Litigation

A New Bid Protest Timeliness Trap: Pre-Award Laches

On this blog, we frequently discuss the various timeliness traps that can undermine bid protests at the Government Accountability Office (GAO).  A recent bid protest decision from the Court of Federal Claims addresses a timeliness trap that is rare and has never before been spotted in the wild, but that could ensnare a protester under ...›

Federal Procurement
May 22, 2018M&A, National Security

MoFo Associate Charles Capito Moderating ABA PCLS M&A Committee Panel

On June 6, 2018, Morrison & Foerster Government Contracts Associate Charles Capito is moderating an ABA Section of Public Contract Law panel discussion titled “FOCI and CFIUS Issues in Government Contracts M&A.” Panelists include Jay Fraude, General Counsel, Defense Security Service; Damara Chambers, Of Counsel, Covington & Burling; and Farhad Jalinous, Partner, White & Case. ...›

Small Business
May 14, 2018Small Business

SBA Sneaks in Rule on Recertification

The Small Business Administration (SBA) issued a Direct Final Rule on March 26, 2018 that appears to address a specific holding of SBA’s Office of Hearings and Appeals (OHA) related to small business recertification rules.  In the recently issued Analytic Strategies, Inc., SBA No. VET-268, decision, OHA held that a service-disabled veteran-owned small business concern ...›

Compliance

Bayh-Dole Regulatory Update Offers Clarifications to Federal Grantees and Contractors But Also Raises Specter of Government Interference with Patent Rights

Effective May 1, 2018, newly issued federal government contracts, grants, and cooperative agreements will be subject to revised regulations implementing the Bayh-Dole Act, the federal statute governing title and license rights for inventions developed with federal funding.  The new regulations were issued on April 13, 2018 by the Department of Commerce, National Institute of Standards ...›

Protests and Litigation
May 9, 2018Protests & Litigation

April 2018 Bid Protest Roundup

This month’s roundup summarizes decisions from each of the bid protest venues:  the Government Accountability Office (GAO), the Court of Federal Claims (COFC or the Court), and the Small Business Administration (SBA) Office of Hearings and Appeal (OHA).  These cases are noteworthy for practitioners that encounter issues with:  (1) prolonged, multi-phased procurements; (2) solicitation ambiguities; ...›

Intellectual Property
May 1, 2018Intellectual Property

FedPubs Government Contracts Conference, MoFo Partner Jay DeVecchio Speaking

On May 9 and May 10, 2018, Morrison & Foerster partner Jay DeVecchio will be teaching two courses at the Federal Publications’ annual La Jolla Government Contacts Conference, “Masters Institute in Government Contract Intellectual Property” (May 9) and “Disputes & Terminations” (May 10). Jay will provide an overview of intellectual property in government contracting, and ...›

FCPA
April 30, 2018Foreign Corrupt Practices Act

Top Ten International Anti-Corruption Developments for March 2018

In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments from the past month, with links to primary resources. This month we ask: Which companies resolved FCPA allegations involving alleged misconduct in Romania, Russia, West Africa, and the United States? What ...›

Federal Procurement

Warning: Possible Delays Ahead New SAM Requirement for Notarized Letter

All government contractors must have an active registration in the System for Award Management (SAM) to do business with the government. As of March 22, 2018, SAM requires users registering a new business entity to “provide an original, signed notarized letter” confirming that they are the “authorized Entity Administrator” before their registration will be activated. ...›