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 in the past month, with links to primary resources. This month we ask: What did a U.S. appellate court say about a plaintiff’s ability to bring retaliation claims based on FCPA ...›
In the ever-evolving False Claims Act (FCA) arena, the Government told the court that it intends to move to dismiss a whistleblower suit against United Health Group’s Executive Health Resources, Inc. (EHR) for allegedly assisting hospitals in overcharging for outpatient care. The Granston Memo, issued by Department of Justice (DOJ) in January 2018, directs government ...›
During next week’s ABA Federal Procurement Institute, March 13-16, 2019 in Annapolis, MD, three Morrison & Foerster Government Contracts attorneys will be participating. Partner Damien Specht will serve as one of the conference co-chairs. He is also co-chair of the ABA Public Contract Law Section Mergers and Acquisitions Committee and the ABA Small Business & ...›
The most common question we hear from clients about the recent boom in the Department of Defense’s spending on other transactions, or OTs, is a simple one: How can I get in on the action? Understandably, OTs – essentially contracts not subject to procurement laws or regulations like the Federal Acquisition Regulation (“FAR”) – are ...›
In the National Defense Authorization Acts for 2017 and 2018, Congress required the Department of Defense (DOD) to implement certain reforms for issuing and definitizing Undefinitized Contract Actions (UCAs). After a long delay, DOD has issued a proposed rule and requested comments from industry. UCAs are meant to be used when the Government has urgent ...›
This month’s selection of bid protests includes discussion of: (1) a successful challenge to a subcontracting restriction in the General Services Administration’s One Acquisition Solution for Integrated Services (OASIS) solicitation; (2) an explanation of whose experience an agency can consider when a solicitation provides for the evaluation of an “offeror’s” experience; (3) an agency’s discretion ...›
By all accounts 2019 will bring significant expansion in the use and development of artificial intelligence (AI) by the U.S. federal government. Notwithstanding some well-publicized rejections by industry of the use of their AI technologies for offensive military and surveillance applications, the federal government remains a major supporter of and customer for AI technologies. Below ...›
In last month’s post, we considered First Kuwaiti Trading & Contracting W.L.L., v. Dep’t of State, CBCA 3506, 2018 WL 6423911 (Dec. 3, 2018), and Appeal of ECC International, LLC, ASBCA 60484, 2018 WL 6251069 (Nov. 16, 2018), to reflect on how the risks of war are allocated between contractors and the government and how ...›
Kenny Rogers once offered some sage advice that’s as applicable to Government contractors as it is to gamblers and human beings in general: You gotta know when to hold ’em, Know when to fold ’em, Know when to walk away, Know when to run. A recent decision from the Armed Services Board of Contract Appeals ...›
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 in the past month, with links to primary resources. This month we ask: Which countries rose and which fell in this year’s Transparency International Corruption Perceptions Index? What new corruption laws ...›