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FCPA and Corporate Compliance Best Practices: Frequently Asked Questions Primer

SPM's primer of FAQs regarding FCPA Compliance, available in English, Mandarin, Portuguese, and Spanish.

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Smith Pachter McWhorter's False Claims Act Practice Guide: 2017

Smith Pachter McWhorter PLC is pleased to present the 2017 edition of its False Claims Act Practice Guide

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Fifth Circuit Reverses $663 Million Judgment Against Government Contractor Based on Escobar’s Demanding and Rigorous Materiality Standard.

Fifth Circuit Reverses $663 Million Judgment Against Government Contractor Based on Escobar’s Demanding and Rigorous Materiality Standard. A recent Fifth Circuit decision applying the False Claims Act’s (“FCA”) materiality requirement reinforces the “demanding” standard established by the Supreme Court in Universal Health Services, Inc. v. United States ex rel. Escobar, 136 S. Ct. 1989 (2016).  In United States ex rel. Harman v. Trinity Industries Inc., 2017 WL 4325279 (5th Cir. Sept. 29, 2017), the government’s continued payment despite knowledge of alleged regulatory violations resulted in dismissal for want of materiality.
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Performance Evaluations: Leveling the Playing Field

Performance Evaluations: Leveling the Playing Field – Smith Pachter McWhorter’s Kathryn Griffin, Erica Geibel, and Todd Garland summarize recent developments in contractor performance evaluation challenges.
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FCPA Disgorgement: Putting SEC To Its Burden Of Proof

FCPA Disgorgement: Putting SEC To Its Burden Of Proof.  The ability to require disgorgement of ill-gotten gains in Foreign Corrupt Practices Act cases is a powerful enforcement tool for the U.S. Securities and Exchange Commission. Disgorgement orders are a staple of the SEC’s FCPA enforcement docket, and are often in the millions or tens of millions of dollars. In 2016, for example, out of 24 SEC FCPA corporate settlements, 20 of them imposed disgorgement. Many of those disgorgement orders were for amounts of more than $10 million, and several of them were more than $100 million.

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Limitations on Subcontracting: Regulatory Disconnect Leaves Small Businesses in an Untenable Situation

Limitations on Subcontracting: Regulatory Disconnect Leaves Small Businesses in an Untenable Situation - By Zachary Prince and Kristin Tisdelle

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FCPA Compliance and Enforcement Trends Annual Guide: April 2017

SPM's FCPA Compliance and Enforcement Trends Annual Guide: April 2017.

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Beyond Prototyping: 3D Printing in Government Contracts

Beyond Prototyping: 3D Printing in Government Contracts - Smith Pachter McWhorter's Kelsey Wilbanks and Armani Vadiee discuss the history of 3D printing and its application and use in government contracts.

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Proposed Changes to the Bayh-Dole Act Will Alter Contractor Timelines for Protecting Patents to Subject Inventions, Other Requirements

Proposed Changes to the Bayh-Dole Act Will Alter Contractor Timelines for Protecting Patents to Subject Inventions, Other Requirements

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Muddying the Waters: Six Years of Confusion in the Wake of Maropakis

Muddying the Waters: Six Years of Confusion in the Wake of Maropakis - Richard C. Johnson and Ashley N. Amen discuss decision of the Federal Circuit in Maropakis Carpentry, Inc. v. United States, 6 years following the decision. 

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Kickbacks Result in Forfeiture of Claim

Kickbacks Result in Forfeiture of Claim: Taken to its logical conclusion, Laguna Construction provides that where an employee accepts kickbacks and the contractor lacks knowledge of the kickbacks, the contractor may be barred from recovering any unreimbursed costs under that contract.

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Smith Pachter McWhorter's False Claims Act Practice Guide: 2016

Available now: Smith Pachter McWhorter's False Claims Act Practice Guide: 2016

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When Does a Company ‘Knowingly’ Violate the Anti-Kickback Act?

When Does a Company ‘Knowingly’ Violate the Anti-Kickback Act?  John S. Pachter and Todd M. Garland discuss a case currently pending before the U.S. Court of Appeals for the Fifth Circuit and how it will increase the stakes for companies faced with Anti-Kickback Act allegations.  

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Smith Pachter McWhorter's FCPA Compliance and Enforcement Trends Annual Guide: April 2016

Smith Pachter McWhorter's FCPA Compliance and Enforcement Trends Annual Guide: April 2016


       

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A Sensible Outcome for False Claims in Universal Health Services

John S. Pachter and Todd M. Garland discuss the Supreme Court’s recent Universal Health decision and its impact for trial courts and litigants.
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A Look at False Claims Act Cases Through Scalia’s Lens

A Look at False Claims Act Cases Through Scalia’s Lens. Smith Pachter McWhorter's John S. Pachter and Todd M. Garland discuss: A Look at False Claims Act Cases Through Scalia’s Lens

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How Should The CDA Limitations Period Apply To Government Indirect Cost Claims? - Alion Science & Technology Corp., ASBCA No. 58992 (Nov. 10, 2015)

How Should The CDA Limitations Period Apply To Government Indirect Cost Claims? - Alion Science & Technology Corp., ASBCA No. 58992 (Nov. 10, 2015)

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Encouraging Signs for False Claims Act Litigation: Recent Decisions Aligned to Guide Supreme Court Review

Encouraging Signs for False Claims Act Litigation: Recent Decisions Aligned to Guide Supreme Court Review  

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Cost Impact Calculations: A Significant Raytheon Decision In The ASBCA

Cost Impact Calculations: A Significant Raytheon Decision In The ASBCA

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Challenging Negative Performance Evaluations: Confronting Hurdles at ASBCA and COFC

Challenging Negative Performance Evaluations: Confronting Hurdles at ASBCA and COFC

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The ASBCA’s Raytheon Decision: Expressly Unallowable Cost, Directly Associated Cost, and Performance Restricted Stock

The ASBCA’s Raytheon Decision: Expressly Unallowable Cost, Directly AssociatedCost, and Performance Restricted Stock

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After Metcalf Construction: Putting the Winstar Genie Back in the Bottle

After Metcalf Construction: Putting the Winstar Genie Back in the Bottle - By John S. Pachter 

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Whose Burden Is It, Anyway?: Implications Of The Federal Circuit Determination That The CDA Statute Of Limitations Is Nonjurisdictional

Whose Burden Is It, Anyway?: Implications Of The Federal Circuit Determination That The CDA Statute Of Limitations Is Nonjurisdictional 

By: Richard C. Johnson and Ashley N. Barbera Amen

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An Ounce of Prevention: A Guide for Combating Fraud in Construction.

An Ounce of Prevention: A Guide for Combating Fraud in Construction.

By Wayne DeFlaminis, Sara P. Bryant, John Cook, and David Kirschbaum

Published in The Construction Lawyer, Volume 34, Number 3, Spring 2014 © 2014 by the American Bar Association

 

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An Arbitration Clause Will Survive Expiration of a Contract Even if the Arbitration Agreement is Not Listed in the Survival Clause

Case note: Huffman, et al. v. The Hilltop Companies, LLC, 747 F.3d 391 (6th Cir. 2014). An Arbitration Clause Will Survive Expiration of a Contract Even if the Arbitration Agreement is Not Listed in the Survival Clause

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Attorney-Client Privilege Applies to Corporate Internal Investigations - Case Note: In re Kellogg Brown & Root Inc., D.C. Cir., No. 14-5055, 6/27/14

Attorney-Client Privilege Applies to Corporate Internal Investigations 

By John S. Pachter

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Department of Justice FCPA Opinion Procedure Release 14-01 Addresses Business Transactions between Companies and Government Officials

Client Advisory: Department of Justice FCPA Opinion Procedure Release 14-01 Addresses Business Transactions between Companies and Government Officials 

By: Alana S. Tokayer

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John Pachter and Richard Johnson Submit Amicus Brief to the U.S. Supreme Court on behalf of the Professional Services Council.

John Pachter and Richard Johnson authored an amicus brief on behalf of the Professional Services Council to the U.S. Supreme Court.

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Independent Monitors: What They Do and How to Avoid the Need for Them

Independent Monitors: What They Do and How to Avoid the Need for Them - By John S. Pachter 

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2 KBR Cases Illuminate Kickback Risks For Contractors

2 Recent KBR Cases Illuminate Kickback Risks For Contractors - By John S. Pachter

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Case Note: ASBCA Rejects Government's Four Damages Theories In Recent Defective Pricing Case. By Stephen D. Knight.

Case Note: ASBCA Rejects Government's Four Damages Theories In Recent Defective Pricing Case. By Stephen D. Knight. 

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Differing Site Condition Claims: What Is Below the Surface of Exculpatory Clauses or Other Disclaimers?

Differing Site Condition Claims: What Is Below the Surface of Exculpatory Clauses or Other Disclaimers? - Smith Pachter McWhorter's Owen S. Walker published a recent article in the Procurement Lawyer, Volume 48, Number 4, Summer 2013, about the potential effects of exculpatory clauses or other disclaimers on the Differing Site Condition clause.

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Fifth Circuit Holds Contractors Subject to Vicarious Liability for Employees Engaged in Kickbacks

Fifth Circuit Holds Contractors Subject to Vicarious Liability for Employees Engaged in Kickbacks - By John S. Pachter 

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Case Note: Space Gateway Support, LLC, ASBCA No. 55608, January 29, 2013 by Richard C. Johnson and Richard H. Snyder.

Case Note: Space Gateway Support, LLC, ASBCA No. 55608, January 29, 2013 by Richard C. Johnson and Richard H. Snyder.

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Establishing The Record In Court Of Federal Claims Bid Protests

Establishing The Record In Court Of Federal Claims Bid Protests - Jonathan D. Shaffer, Mary Pat Buckenmeyer, and Zachary D. Prince have published a new Briefing Papers article about the importance of the composition of the administrative record in the resolution of a bid protest before the U.S. Court of Federal Claims.  The full article is available here.

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Metron, Inc.: A Primer for Proving Compensation Cost Reasonableness

Metron, Inc.: A Primer for Proving Compensation Cost Reasonableness. Smith Pachter McWhorter member Stephen D. Knight and associate Kathryn T. Muldoon have published an article in Bloomberg Federal Contracts Report regarding a case in which they successfully argued before the Armed Services Board of Contract Appeals (ASBCA) regarding executive compensation review practices employed by the Defense Contract Audit Agency (DCAA). The ASBCA sustained the appeal filed by Mr. Knight and Ms. Muldoon and overruled the government's determination that the client's executive compensation was not reasonable.  The full article is available here.

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Terminations for Convenience Following the Economic Downturn

New article regarding the increase in terminations for convenience following the economic downturn.  Smith Pachter McWhorter associate Erica J. Geibel has published and article in The Journal of Professional CM/PM Management regarding the increase of government contract terminations for convenience following the economic downturn.  The full text of the article is available here

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Running Out of Time: Rapidly Developing Case Law on the CDA Six-Year Statute of Limitations on Contractor and Government Claims

Running Out of Time: Rapidly Developing Case Law on the CDA Six-Year Statute of Limitations on Contractor and Government Claims. Smith Pachter McWhorter member Richard C. Johnson and associate Ashley N. Amen have publish an article in the Bloomberg Federal Contracts Report regarding the  rapidly developing case law on the CDA six-year statute of limitations on contractor and Government claims.  The full text of the article is available here.
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Smith Pachter McWhorter PLC Contributes to The ABA's Guide To State Procurements

The American Bar Association Section of Public Contract Law has recently published the Guide to State Procurement: A 50 State Primer on Purchasing Laws, Processes and Procedures.

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“Geren v. Tecom, Inc.: The Federal Circuit Creates A New FAR Cost Principle” Article Recently Published in the Government Contract Costs, Pricing & Accounting Report

Richard Johnson, Stephen Knight, John Pachter and Joe Smith recently prepared an article entitled “Geren v. Tecom, Inc.: The Federal Circuit Creates A New FAR Cost Principle,” which was published in the July 2009 edition of the Government Contract Costs, Pricing & Accounting Report

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Certified Estimates' and Mandatory Disclosure: A Bad Decision Makes for a Worse Regulation" Article Recently Published in The Procurement Lawyer

Stephen Knight recently prepared an article entitled "'Certified Estimates' and Mandatory Disclosure: A Bad Decision Makes for a Worse Regulation,” which was published in the Summer 2009 edition of The Procurement Lawyer, the quarterly members’ publication of the ABA’s Section of Public Contract Law.

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“Allowability of Legal Costs of Third-Party Lawsuits Following Tecom, Inc.” recently published in the Government Contract Costs, Pricing & Accounting Report.

Richard Johnson, Joe Smith, and Matthew Haws recently prepared an article entitled “Allowability of Legal Costs of Third-Party Lawsuits Following Tecom, Inc.,” which was published in the March 2008 edition of the Government Contract Costs, Pricing & Accounting Report.

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“Aspects of Construction Scheduling” recently published in the Section of Public Contract Law’s The Procurement Lawyer.

Mark Hanson recently prepared an article entitled “Aspects of Construction Scheduling,” which was published in the October 2006 edition of the The Procurement Lawyer, the quarterly members’ publication of the ABA’s Section of Public Contract Law.

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