Government Contracts Insights

May 7, 2020 - False Claims Act

Effective Internal Investigations and Disclosures: Identifying and Managing False Claims Act Problems (Morrison & Foerster’s Remote Learning Series Session #2)

By: J. Alex Ward

Join Alex Ward and Rachael Plymale for the second presentation in Morrison & Foerster’s Government Contracts Remote Learning Series. Register here. In “Effective Internal Investigations and Disclosures: Identifying and Managing False Claims Act Concerns,” Alex and Rachael will discuss high-risk areas for contractors, explain how …›

May 6, 2020 - Protests & Litigation

April Bid Protest Roundup (Law360 Spotlight)

By: Lyle F. Hedgecock and Caitlin A. Crujido

This installment of our monthly Law360 bid protest spotlight features a number of noteworthy decisions from the U.S. Government Accountability Office (GAO), Court of Federal Claims (COFC) and Federal Circuit. Eskridge & Associates addresses the hurdles associated with establishing prejudice. Abacus Technology …›

May 6, 2020 - Acquisition Regulations, Coronavirus

The Basics of Undefinitized Contractual Actions (UCAs)

By: Lyle F. Hedgecock

The federal contracting process is famous for its exacting approach to competitive procurement, which safeguards taxpayer funds and principles of fairness. This emphasis on process, however, can slow the wheels of the acquisition machine. The rapid spread of COVID-19, however, has required …›

May 6, 2020 - Coronavirus, Small Business

Is My Company’s PPP Loan “Necessary to Support Ongoing Operations?” What If I’m Wrong?

By: Tina D. Reynolds and Damien C. Specht

This post has been updated on May 6, 2020 with new safe harbor deadline for repayment of PPP loans. Given the proliferation of adverse news articles and TV pundit segments about well-funded companies that have received federal, Small Business Administration (SBA) loans under the Paycheck …›

May 5, 2020 - Coronavirus, Small Business

CARES SBA Loan Eligibility and Process (UPDATED)

By: Tina D. Reynolds and Damien C. Specht

(This post has been updated on May 5, 2020) The Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) allows certain eligible companies and individuals to obtain loans of up to $10 million or 2.5 times the average monthly payroll costs over the last …›

May 4, 2020 - Cybersecurity & Data Privacy

Department of Defense March Towards CMMC Continues

By: Tina D. Reynolds

Although, as of late, the coronavirus and its impact have been top of mind for government contractors and, indeed, the entire world, the Department of Defense (DoD) has continued undeterred with its planned implementation of the Cybersecurity Maturity Model Certification (CMMC) program. Below …›

April 27, 2020 - Coronavirus, Small Business

House Passes a $484 Billion Relief Package; Treasury and the SBA Release New Guidelines for PPP Loans

By: Tina D. Reynolds and Damien C. Specht

On Thursday, April 23, 2020, the U.S. House of Representatives voted in favor of the $484 billion relief package that passed in the Senate earlier this week. Once signed into law, the legislation will revive the Small Business Administration (SBA) Paycheck Protection Program (PPP), …›

April 16, 2020 - Data Rights, Intellectual Property

The Data Rights Black Hole: DOD Lobbies Congress to Eliminate Proprietary Rights in Your Most Valuable Trade Secrets — Your Detailed Manufacturing and Process Data

By: W. Jay DeVecchio

A long time ago in a galaxy far, far away, the Department of Defense (“DOD”) and industry came together after more than seven years of discussions and created a rational, logical, and fair constellation of regulations and laws governing the DOD’s and contractors’ rights …›

April 15, 2020 - Foreign Corrupt Practices Act

Top 10 International Anti-Corruption Developments for March 2020

By: Charles E. Duross and James M. Koukios

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: How has the COVID-19 Pandemic impacted …›

April 10, 2020 - Coronavirus, Small Business

SBA Overhauls the Disaster Loan Application Process in Response to the CARES Act

By: Damien C. Specht

During these uncertain times, small businesses have been pursuing both Paycheck Protection Program and SBA Economic Injury Disaster loans. Note, however, that Disaster loan applications submitted manually to the SBA prior to March 27 may require resubmission. After the passage of the …›