Unprecedented Discovery Orders Vacated: Fourth Circuit Confirms Government Contractors Do Not Waive Privilege by Disclosing Facts Uncovered during an Internal Investigation under the FAR’s Mandatory Disclosure Rule

Lawyers often view a writ of mandamus to a Court of Appeals as a last-gasp—indeed, almost hopeless—stratagem.  But sometimes they are granted, particularly when the district court order they challenge is even more extraordinary.  That is what just happened in In re Fluor Intercontinental, Inc., No. 20-1241 (4th Cir. March 25, 2020).  In this case, ...›

March 27, 2020Coronavirus

Contractor Relief Unclear Under the CARES Act

On Wednesday, the Senate passed a $2 trillion relief package – the Coronavirus Aid, Relief, and Economic Security or CARES Act – intended to relieve some of the worst economic effects of the coronavirus pandemic.  In addition to sweeping relief measures for individuals and state and local governments, the bill provides significant measures for businesses ...›

March 25, 2020Coronavirus

Federal Antitrust Agencies Encourage Appropriate Competitor Collaboration to Address the COVID-19 Crisis

The U.S. antitrust agencies – the Department of Justice Antitrust Division (DOJ) and the Federal Trade Commission (FTC) – have recognized a need for “unprecedented cooperation between federal, state, and local governments and among private businesses to protect Americans’ health and safety” during the COVID-19 crisis. To facilitate this necessary cooperation and clear the antitrust path ...›

March 24, 2020Coronavirus, Labor/Employment

Practical Considerations for Requiring Employees to Report to Work in Light of COVID-19 Stay-At-Home Orders

As the number of reported cases of COVID-19 continues to increase dramatically, several states, including California, Connecticut, Illinois, Massachusetts, Maryland, New York, New Jersey, Ohio, and Louisiana, have issued public health orders requiring over one-fourth of Americans to stay at home.  More states are likely to follow.  While these orders generally require non-essential businesses, such ...›

March 24, 2020Coronavirus

A Summary of the Defense Production Act

Last week, the President announced that he was invoking a Cold War-era law called the Defense Production Act (DPA), 50 U.S.C. §§ 4501 et seq., to ensure the Nation is able to acquire the “health and medical resources needed to respond to the spread of COVID-19, including personal protective equipment and ventilators.”  While some authorities ...›

Cyber Preparedness for Government Contractors: Opportunistic Hackers and the COVID-19 Pandemic

The COVID-19 pandemic has disrupted operations across the globe as government agencies and corporations grapple with the implications of remote work, workforce and workplace limitations, and employee health and safety.  But while this worldwide crisis has introduced new complexities and challenges, it also has presented an opportunity for hackers seeking to capitalize on the pandemic ...›

Update: COVID-19/Coronavirus Webinar Series: Concerns for Government Contractors (MATERIALS)

Updated to add final materials, which can be accessed here. Replays of the webinar can be accessed here. Please join Morrison & Foerster Government Contracts + Public Procurement practice co-chair Alex Ward, and partner Dan Chudd for a webinar concerning what government contractors must know to prepare for disruptions. Topics will include: Excusable Delays and ...›

March 20, 2020Coronavirus, Labor/Employment

OFCCP Issues National Interest Exemption for New Coronavirus Relief Contracts

On March 17, 2020, the Office of Federal Contract Compliance Programs (“OFCCP” or the “Agency”) issued a National Interest Exemption memorandum providing a limited, three-month exemption to new supply and service and construction contracts entered into specifically to provide Coronavirus relief.  The exemption waives some of the affirmative action requirements typically included in government contracts. ...›