January 10, 2017Infrastructure

Key Goals For The Next Secretary Of Transportation

A safe, reliable, efficient and sustainable transportation system is the lifeblood of this nation. It is critical to the economic prosperity of this country and to the well-being of everyone who lives here. It connects us to an increasingly global trade environment. It provides access to home, work, health care, education and other services that ...›

Cybersecurity
January 5, 2017Cybersecurity & Data Privacy

Congress Revisits the Data Rights Statutes and Advances Modular Open Systems Architecture in the FY 2017 NDAA

Although there usually is great validity in the aphorism that “no man’s life, liberty, or property is safe while the Legislature is in session,” we might have to rethink that notion when it comes to data rights.  Congress did some good last month in passing, with broad support, the National Defense Authorization Act (NDAA) for ...›

International
December 20, 2016International Public Procurement

Consortium Bidding in European Government Contracts

Consortium bids are relatively common in the European government contract sector.  But, under European law, what happens in a situation where a company which is part of a bidding consortium drops out during the procurement process?  If the previous composition of the consortium satisfied the authority’s pre-selection criteria, can the remaining companies continue with the ...›

FCPA
December 16, 2016Foreign Corrupt Practices Act

Top Ten International Anti-Corruption Developments for November 2016

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: What effect will the U.S. presidential election have on FCPA enforcement? How did a financial institution’s employment practices ...›

Litigation
December 12, 2016Protests & Litigation

November 2016 Protest Roundup

In November, the Government Accountability Office (“GAO”) and the U.S. Court of Federal Claims (“COFC”) published a good number of decisions.  We address below decisions on the following issues of interest:  (1) task orders versus contracts; (2) Government’s duty to inquire or clarify; and (3) post-protest Agency action. Kingdomware Technologies Does Not Hold that Task ...›

Cybersecurity

PubKLaw Webinar: Government Contracts Year-In-Review FY 16-17

On December 15, 2016, Morrison & Foerster Partner W. Jay DeVecchio will be presenting at PubKLaw’s 2nd Annual Government Contracts Year-In-Review FY 16-17. Mr. DeVecchio’s panel, “Intellectual Property, Information Technology, and Cybersecurity in Government Contracting,” will be held from 1-2:30PM. The program will provide analysis, updates, and outlook for government contracting professionals for FY 16-17. ...›

Litigation
December 1, 2016Protests & Litigation

Conference Committee Drops Controversial Bid Protest Reforms from NDAA FY 17, Opting Instead for More Study and a Higher Threshold for DoD Task Order Protests

Earlier this year, Congress toyed with the idea of significant reform to federal Government Accountability Office (“GAO”) bid protest procedures but in the end appears to have opted only to tinker with them and punt the issue into the next Congress. The proposed protest reforms were part of the Senate version of the National Defense ...›

FCA
November 29, 2016False Claims Act, Health Care

Tenet Case Signals Shift In Health Care Fraud Enforcement

Historically, the federal government has fought corporate healthcare fraud in two ways. First, the Department of Justice (“DOJ”) routinely intervenes in civil False Claims Act (“FCA”) cases filed by qui tam relators.  Second, the federal government typically has relied on individual U.S. Attorney’s Offices to initiate and prosecute criminal healthcare fraud cases.  Although DOJ relied ...›

FCA
November 28, 2016False Claims Act

Justices Should Stand Up for FCA Rules

The underlying facts of a False Claims Act case argued before the U.S. Supreme Court last week are the stuff of a good Hollywood blockbuster.  At the center of State Farm Fire and Casualty Co. v. U.S. ex rel. Rigsby are two sisters, Cori and Kerri Rigsby, who worked as claims adjusters for a company ...›