Litigation
July 5, 2017Protests & Litigation

June 2017 Protest Roundup

In June 2017, the Government Accountability Office (“GAO”) and the U.S. Court of Federal Claims (“COFC”) issued decisions covering a number of issues.  We address the decisions below on the following issues of interest: (1) price evaluation; (2) Federal Supply Schedule contracting; (3) standing and prejudice; and (4) agency discretion in evaluating technical proposals. Price ...›

Cybersecurity
June 27, 2017Cybersecurity & Data Privacy

Cry, Cry Again: More Global Ransomware Attacks Reported

It is being widely reported that a new wave of cyberattacks is currently hitting companies and governments. The attack has spread around the globe in a matter of hours, affecting the Ukrainian government, Russian enterprises, and other companies throughout Western Europe. Just like the WannaCry ransomware that struck worldwide in May, the new attacks apparently ...›

June 26, 2017Cybersecurity & Data Privacy

German Parliament Enacts Wide-ranging Surveillance Powers Allowing End User Devices to Be Hacked by Authorities

On June 22, 2017, the German Parliament passed a bill that, among other things, awards extensive surveillance powers to law enforcement authorities. The new law, once in force, will allow law enforcement to covertly install software on end user devices allowing the interception of ongoing communications via Internet services such as WhatsApp or Skype. These ...›

June 19, 2017Announcements & Press

Ed Jackson Joining Morrison & Foerster

Morrison & Foerster LLP is pleased and excited to welcome Edward Jackson as the newest member of the firm’s robust Government Contracts practice. With more than 25 years’ experience in procurement law, and drawing on his experience as a former CPA, Ed has developed a nationwide reputation for expertise in the Federal Acquisition Regulation cost ...›

Compliance
June 12, 2017Compliance, Protests & Litigation

O Ye of Little Faith: Breaching the Duty of Good Faith and Fair Dealing While Complying with the Express Terms of a Government Contract

In contracts – and especially in government contracts, where one is expected to “turn square corners” – we often analyze breach of contract in light of the jots and tittles of a contract’s express terms.  And, in bringing a Contract Disputes Act (CDA) claim against the Government based upon an alleged breach, one’s focus usually ...›

Litigation
June 7, 2017Protests & Litigation

May 2017 Protest Roundup

In May, the Government Accountability Office (“GAO”) and the U.S. Court of Federal Claims (“COFC”) published a number of decisions, many of which can be categorized as “back-to-basics” decisions.  We address below decisions on the following issues of interest: (1) complying with solicitation requirements; and (2) the importance of the performance work statements in resolving ...›