Attorneys At Law
Print

News & Resources
Category: Client Advisories

Update Regarding DOJ’s FCPA Priorities

Keeping abreast of developments in the Foreign Corrupt Practices Act (“FCPA”) arena, Smith Pachter McWhorter PLC attorneys have been presenting at and attending ACI’s International Conference on the FCPA, which is took place this week near Washington, D.C.  Notably, one of the keynote speakers was Assistant Attorney General Brian Benczkowski, who leads the Department of Justice’s Criminal Division.  Benczkowski spoke and then responded to a question-and-answer session.  The substance of Benczkowski’s remarks are published on DOJ’s website (link here).  Several comments are notable for our clients and potential clients.

Read More

Legal Developments Alert: SBA OHA Holds Three-Year Period for Calculating Receipts Continues to Apply

The Small Business Runway Extension Act of 2018 ("Runway Act") extended the period for calculating a business' receipts to determine size status from three years to five years.  Although the legislation became law in December 2018, the Small Business Administration ("SBA") did not issue proposed regulations adopting the new standard for notice and comment until June 24, 2019 and has not issued a final rule as of this date.  In the interim, SBA maintains that the five-year period established by the Runway Act is not binding until a final rule goes into effect.  The inconsistency between the Runway Act and regulations left contractors in doubt as to the proper period for calculating receipts in determining their size status.  Some clarity came in a decision last month by SBA's Office of Hearings and Appeals ("OHA") in Cypher Analytics, Inc. dba Crown Point Systems, SBA No. SIZ-6022 (2019).
Read More

Legal Developments Alert: DOJ Launches Procurement Collusion Strike Force (“PCSF”) to Investigate and Prosecute Antitrust Crimes in Government Contracting

The Department of Justice recently announced a new Procurement Collusion Strike Force, to be called “PCSF,” for the purpose of investigating collusion and anti-competitive conduct involving government procurement, grant, and program funding. The PCSF will be focused on antitrust crimes including bid-rigging agreements and other fraudulent conspiracies.  We understand that the strike force will train and educate federal, state, and local procurement officials as well as auditors and investigators across the country to recognize anti-competitive or collusive behavior in government funding processes. The officials will also be trained to identify and report potential concerns in the process of awarding contracts and grants. In addition, prosecutors and investigators from the various agencies will work together to investigate and prosecute cases that result from these targeted outreach efforts.
Read More

DOD Releases Rule Significantly Limiting LPTA Procurements

LEGAL ALERT: On September 26, 2019, the U.S. Department of Defense (DOD) published a Final Rule limiting the use of lowest-price technically-acceptable ("LPTA") source selections for DOD procurements.  

Read More

Legal Developments Alert: Temporary General License for Export to Huawei Extended, with More Restrictions Introduced

On August 19, 2019, the U.S. Bureau of Industry and Security (BIS) issued a Final Rule (the “August TGL”) extending the Temporary General License (TGL) it previously granted to Huawei Technologies Co., Ltd. (Huawei) and 68 of its affiliates in May 2019 (the “May TGL”).  Besides extending the TGL by another ninety (90) days up to November 18, 2019, the BIS added numerous changes and clarifications that in effect further narrowed the already narrow scope of permissible transactions.  Furthermore, the BIS changed the certification requirements by requiring Huawei to provide certification statements vouching and demonstrating compliance with the TGL.  The burden to prepare those statements had previously been on the exporters/re-exporters/transferors.  Finally, the BIS concurrently issued another final rule adding an additional forty-six (46) Huawei affiliates to the Entity List, making the total number of listed Huawei entities 115.
Read More

Chambers USA: America's Leading Lawyers for Business recognizes 7 Smith Pachter McWhorter PLC lawyers and lists practice area groups as leaders in their field in its 2019 edition.

Chambers USA: America's Leading Lawyers for Business recognizes 7 Smith Pachter McWhorter PLC lawyers and lists practice area groups as leaders in their field in its 2019 edition.

Read More

Legal Developments Alert: U.S. Supreme Court Decision Enhances Protections for Confidential and Proprietary Information under FOIA

In 1974, the D.C. Circuit adopted a standard requiring a party to show that "substantial competitive harm" would result if records a party submitted to the government were released to the public under the Freedom of Information Act (FOIA)."  In an important case decided on June 24, 2019, the U.S. Supreme Court, by a 6-3 vote, discarded the substantial competitive harm test, holding that "where commercial or financial information is both customarily and actually treated as private by its owner and provided to the government under an assurance of privacy, the information is 'confidential' within Exemption 4's meaning."  

Read More

Legal Developments Alert: U.S. Companies Caught in Limbo as Huawei and Sixty-Eight of Its Subsidiaries Were Added to the Entity List, Causing China to Retaliate

On May 16, 2019, the U.S. Bureau of Industry and Security (BIS) issued a final rule amending the Export Administration Regulations (EAR) to add Huawei Technologies Co., Ltd. (Huawei) and its sixty-eight non-U.S. affiliates to the Entity List.  Five days later, on May 20, 2019, BIS issued another final rule granting a 90-day Temporary General License (May 20, 2019 through August 19, 2019) for four categories of EAR-regulated transactions involving existing and fully operational networks/systems, handsets made available to the public on or before May 16, 2019, and 5G standardization.  China countered by furious rhetoric and threats of counter measures including an “Unreliable Entity List” targeting persons and companies stopping or disrupting supply to Chinese companies like Huawei “for non-commercial reasons.”  This article discusses the risks U.S. exporters may face in the context of the regulatory clash between the two economic giants and some of the coping strategies in light of regulatory uncertainties affecting the feasibility of ongoing business relationships with Huawei.

Read More

Legal Developments Alert: White House Announces Tariffs on All Imports from Mexico

On May 30, 2019, President Trump announced that “the United States will impose a 5% Tariff on all goods…from Mexico...” Certain FAR clauses permit price adjustments for new duties imposed after award (e.g., FAR 52.229-3) or if specified contingencies occur (see FAR 16.203-1(a)).  

Read More

LEGAL DEVELOPMENTS ALERT: DCAA Issues Revised Audit Guidance on Expressly Unallowable Costs

On May 14, 2019, the Defense Contract Audit Agency (DCAA) issued Memorandum for Regional Directors (MRD) No. 19-PAC-002(R), revising DCAA’s “guidance” on identifying expressly unallowable costs.  The revised guidance attempts to correct MRD Nos. 14-PAC-021(R) and 14-PAC-022(R) – MRDs that were inherently flawed as highlighted by recent Armed Services Board of Contract Appeals (ASBCA) decisions.  The MRD includes an updated listing of Federal Acquisition Regulation (FAR) 31 and Defense Federal Acquisition Regulation Supplement (DFARS) 231 cost principles that DCAA continues to assert, incorrectly in many instances, meet the definition of expressly unallowable costs that are subject to penalties.  Contractors should review DCAA’s updated list, as the release of the revised MRD may indicate that DCAA intends to refocus its audit efforts in the penalties arena.

Read More

LEGAL DEVELOPMENTS ALERT: Supreme Court Addresses False Claims Act Statute of Limitations

The U.S. Supreme Court issued a unanimous decision in Cochise Consultancy, Inc., et al. v. United States ex rel. Hunt, addressing conflicting decisions on the False Claims Act statute of limitations and expanding the time allowed for private party relators to file whistleblower lawsuits.  The decision increases the risk that government contractors may be subject to qui tam claims brought as many as ten years after the alleged violation, including by relators who may have chosen not to act on their own knowledge, provided that the relator can prove that government agent had or should have had knowledge of the alleged false claim.

Read More

LEGAL DEVELOPMENTS ALERT: DOJ Issues Guidance on False Claims Act Matters

On May 7, 2019, the Civil Division of the Department of Justice (“DOJ”) released guidance to its litigators related to the False Claims Act (“FCA”).  This guidance establishes DOJ policy regarding credit to defendants cooperating during an FCA investigation and is included in the Justice Manual at Section 4-4.112.  The new policy sets forth the factors long relied on by DOJ, describing voluntary disclosure, cooperation with a government investigation, and remedial action as the primary means through which an FCA defendant can obtain credit.  For government contractors that find themselves potentially subject to FCA liability – whether identified through an internal investigation or receipt of a subpoena – the guidance provides a useful framework to think through potential responses.
Read More

LEGAL DEVELOPMENTS ALERT: John S. Pachter and Todd M. Garland Submit Amici Curiae Brief to Armed Services Board of Contract Appeals on Behalf of Professional Services Council and National Defense Industrial Association

LEGAL DEVELOPMENTS ALERT: John S. Pachter and Todd M. Garland authored an amici curiae brief on behalf of the Professional Services Council and National Defense Industrial Association, urging the Armed Services Board of Contract Appeals to reconsider its decision in Kellogg Brown & Root Services, Inc., ASBCA No. 57530, 19-1 BCA ¶ 37,205.
Read More

LEGAL DEVELOPMENTS ALERT: OFCCP Announces 2019 Contractor Compliance Audits

LEGAL DEVELOPMENTS ALERT: OFCCP Announces 2019 Contractor Compliance Audits

Read More

LEGAL DEVELOPMENTS ALERT: U.S. Supreme Court to Hear Case Involving FOIA Exemption for Commercial and Proprietary Information

LEGAL DEVELOPMENTS ALERT: U.S. Supreme Court to Hear Case Involving FOIA Exemption for Commercial and Proprietary Information
Read More

LEGAL DEVELOPMENTS ALERT: U.S. Attorney Jessie Liu Appointed Chairwoman of the Attorney General's Advisory Committee

LEGAL DEVELOPMENTS ALERT: U.S. Attorney Jessie Liu Appointed Chairwoman of the Attorney General's Advisory Committee
Read More

LEGAL DEVELOPMENTS ALERT: Assistant Attorney General Brian A. Benczkowski Promotes Transparency with the Business Community

LEGAL DEVELOPMENTS ALERT: Assistant Attorney General Brian A. Benczkowski Promotes Transparency with the Business Community

Read More

LEGAL DEVELOPMENTS ALERT: DOD Issues Several Memos on Cybersecurity Compliance

LEGAL DEVELOPMENTS ALERT: DOD Issues Several Memos on Cybersecurity Compliance
Read More

LEGAL DEVELOPMENTS ALERT: GAO Issues Report on DCAA and DCMA Business System Audits

LEGAL DEVELOPMENTS ALERT: GAO Issues Report on DCAA and DCMA Business System Audits
Read More

Recent Decisions Bode Well For False Claims Act Defendants

In two articles, John S. Pachter and Todd M. Garland discuss recent False Claims Act trends.

Read More

LEGAL DEVELOPMENTS ALERT: Presidential Executive Order on Strengthening Buy American Preferences for Infrastructure Projects

LEGAL DEVELOPMENTS ALERT: Presidential Executive Order on Strengthening Buy American Preferences for Infrastructure Projects

Read More

Smith Pachter McWhorter's False Claims Act Practice Guide: 2019

Smith Pachter McWhorter PLC is pleased to present the 2019 edition of its False Claims Act Practice Guide

Read More

LEGAL DEVELOPMENTS ALERT: New Law Revises Small Business Size Formula

LEGAL DEVELOPMENTS ALERT: New Law Revises Small Business Size Formula

Read More

LEGAL DEVELOPMENTS ALERT: DOJ Provides Guidance on Corporate Compliance Programs and Monitorships

LEGAL DEVELOPMENTS ALERT: DOJ Provides Guidance on Corporate Compliance Programs  and Monitorships

Read More

Law360: A Defense Counsel's Guide To New DOJ Manual

SPM's Cormac Connor and Iris Bennett provide expert analysis of DOJ's recent revisions to the United States Attorneys’ Manual in Law360.

Read More

LEGAL DEVELOPMENTS ALERT: Petrobras Reaches Global Settlement with U.S. and Brazilian Authorities

On Thursday, September 27, Brazil’s state-owned-and-controlled oil and gas company Petrobras and U.S. authorities announced a settlement to resolve U.S. government investigations into violations of the Foreign Corrupt Practices Act

Read More

LEGAL DEVELOPMENTS ALERT: Second Circuit Rebuffs DOJ’s Long-Held Theory on the Reach of Conspiracy Law to Prosecute Non-U.S. Persons Under the FCPA

Second Circuit Rebuffs DOJ’s Long-Held Theory on the Reach of Conspiracy Law to Prosecute Non-U.S. Persons Under the FCPA

Read More

CLIENT ALERT: Seventh Circuit Dismisses False Claims Act Suit Arising From Alleged Non-Compliance with the Trade Agreements Act

Seventh Circuit dismisses False Claims Act suit arising from alleged non-compliance with the Trade Agreements Act

Read More

CLIENT ALERT: ASBCA: Government is Held to Commercial Computer Software License Not Reviewed or Approved by Contracting Officer

The recent ASBCA decision in CiyaSoft highlights the government’s responsibility to inquire about licensing terms and use reasonable measures to protect commercial software. However, it is still best practice to avoid such disputes by obtaining express agreement to licensing terms.

Read More

3D Gun Legality After Defense Distributed Settlement, Ruling

SPM's Kelsey Wilbanks discusses 3D Gun Legality After Defense Distributed Settlement, Ruling 

Read More

CLIENT ALERT: DCAA Claims Progress In Reducing Audit Backlog

CLIENT ALERT: On March 31, 2018, the Defense Contract Audit Agency ("DCAA") issued its Fiscal Year 2017 Annual Report to Congress, made public on May 21, 2018. The FY 2017 Report sets forth DCAA’s audit performance, recommendations to improve the audit process, and industry outreach activities.

Read More

CLIENT ALERT: Department of Transportation Issues Final Rule to Encourage Public-Private Partnerships and Private Investment

CLIENT ALERT: On May 30, 2018, the Department of Transportation’s Federal Transit Administration  published a final rule creating new Private Investment Project Procedures (“PIPP”). The final rule, effective June 29, 2018, allows recipients of federal funding for public transportation capital projects to request a waiver or modification to FTA regulations.

Read More

CLIENT ALERT: SBA Prepares for Upcoming Subcontractor Past Performance Pilot Program

CLIENT ALERT: In April, the Small Business Administration published a notice and request for comments on the new Subcontractor Past Performance Pilot Program.

Read More

Chambers USA 2018: 8 Smith Pachter McWhorter PLC lawyers ranked as leaders in their practice areas

Chambers USA: America’s Leading Lawyers for Business recognizes 8 Smith Pachter McWhorter PLC lawyers and lists practice area groups as leaders in their field in its 2018 edition.

Read More

Smith Pachter McWhorter Announces New Partner in White Collar Practice

SPM is pleased to announce that experienced white collar defense and government investigations attorney Cormac T. Connor has joined the firm as a partner.

Read More

CLIENT ALERT: Mayberry Enterprises, LLC v. Dep't of Energy

The Civilian Board of Contract Appeals' recent decision in Mayberry Enterprises, LLC is a reminder that separate claims under the certification threshold may be presented to the government together in a single document without aggregating the claims and requiring certification.  
Read More

CLIENT ALERT: NIST Releases Cybersecurity Framework Version 1.1 with Important Updates

The National Institute of Standards and Technology (“NIST”) released a new version of the Framework for Improving Critical Infrastructure Cybersecurity with important updates.

Read More

CLIENT ALERT: DoD Increases the Micro-Purchase Threshold, Simplified Acquisition Thresholds, and Special Emergency Procurement Authority

Client Alert:  DPAP issued a Class Deviation affecting the Micro-Purchase and Simplified Acquisition Thresholds, as well as associated Special Emergency Procurement Authority, for the Department of Defense.

Read More

Stirring the Muddy Waters: The Federal Circuit's Decision in Securiforce Thickens the Confusion Surrounding Maropakis and Upsets Settled Law on Nonmonetary Claims

SPM's Richard C. Johnson and Ashley N. Barbera Amen discuss the Federal Circuit's recent decision in Securiforce in the March 13, 2018 Bloomberg BNA Federal Contracts Report.

Read More

But I Thought I Won: Procurement Cancellation Under the Virginia Public Procurement Act

The Virginia Public Procurement Act (VPPA) includes a unique provision that differs substantially from the federal standard.  - Jonathan D. Shaffer and Todd M. Garland discuss procurement cancellation under the VPPA.

Read More

John Marshall Cook inducted into the American College of Construction Lawyers

SPM congratulates John Marshall Cook on being inducted as a Fellow of the American College of Construction Lawyers.
Read More

CLIENT ALERT: The GSA Releases Final Rule Concerning Unenforceable Terms in Commercial Supplier Agreements

Client Alert: The GSA published a final rule to rectify inconsistencies and ambiguities when contractors use Commercial Supplier Agreements.

Read More

FCPA Compliance and Enforcement Trends Annual Guide: January 2018

SPM's FCPA Compliance and Enforcement Trends Annual Guide: January 2018.

Read More

CLIENT ALERT: Department of Defense issues Final Rule on Commercial Item determinations and price reasonableness.

Client Alert:  Department of Defense issues Final Rule on Commercial Item determinations and price reasonableness.  

Read More

Client Alert: GSA Finalizes Rule for Off-Schedule Acquisitions

GSA publishes a new rule for off-schedule acquisitions under existing Federal Supply Schedule contracts. 

Read More

Client Alert: GSA Proposes Cybersecurity Rules for 2018

GSA publishes plan to implement cybersecurity regulations governing information system security and cyber incident reporting.  

Read More

Luna Innovations, Inc.: A Questionable ASBCA Decision On Stock Option Costs

Luna Innovations, Inc.: A Questionable ASBCA Decision On Stock Option Costs - Richard C. Johnson and Ashley N. Amen review the Armed Services Board of Contract Appeals’ recent decision in Luna Innovations, Inc.

Read More

CLIENT ALERT: FY 2018 NDAA Acquisition Reform Highlights

Client Alert: Fiscal Year 2018 NDAA Acquisition Reform Highlights. Each year, Congress specifies the annual budget, establishes funding levels, and sets spending policies for the Department of Defense (DoD) though the National Defense Authorization Act (NDAA).

Read More

Fifth Circuit Decision Reinforces Need for Anti-Kickback Act Compliance

Fifth Circuit Decision Reinforces Need for Anti-Kickback Act Compliance. By Smith Pachter McWhorter's John Pachter and Todd Garland. 

Read More

Right of First Refusal: Smith Pachter McWhorter Successfully Represents Contractor in Breach of Contract Claim.

Right of First Refusal: Smith Pachter McWhorter Successfully Represents Contractor in Breach of Contract Claim. 

Read More

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.

Read More

NIST Publishes Guidelines for CUI Cybersecurity Compliance

NIST Publishes Guidelines for CUI Cybersecurity Compliance - On November 28, 2017, the National Institute of Standards and Technology (“NIST”) released a draft special publication on “Assessing Security Requirements for Controlled Unclassified Information.”

Read More

Smith Pachter McWhorter Successfully Represents Five Individuals in Air Force Suspension and Debarment Proceedings

Smith Pachter McWhorter Successfully Represents Five Individuals in Air Force Suspension and Debarment Proceedings
Read More

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

Read More

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.
Read More

Discussion on the Foreign Corrupt Practices Act at the 2017 Women, Influence & Power in Law conference, held in Washington, D.C.

Iris E. Bennett, with co-panelists, will lead a discussion on the Foreign Corrupt Practices Act at the 2017 Women, Influence & Power in Law conference, held in Washington, D.C.  

Read More

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.
Read More

Iris Bennett will serve as Chair of the Public International and Criminal Law Subcommittee for the D.C. Bar, International Law Community

Iris E. Bennett will serve as Chair of the Public International and Criminal Law Subcommittee for the District of Columbia Bar, International Law Community, for 2017-2018.  

Read More

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.

Read More

Federal Court Overturns 15-Year Debarment Arising from Affiliate’s Alleged Misconduct  

Federal Court Overturns 15-Year Debarment Arising from Affiliate’s Alleged Misconduct. The United States District Court for the District of Columbia recently overturned the Defense Logistics Agency’s (the “Agency’s”) 15-year debarment from federal contracting of a Houston-based food exporter and its affiliates. 

Read More

Dorothy E. Terrell named among Virginia’s Best Women Lawyers in a list adapted by Virginia Living magazine from The Best Lawyers in America 2017.

Dorothy E. Terrell named among Virginia’s Best Women Lawyers in a list adapted by Virginia Living magazine from The Best Lawyers in America 2017.

Read More

Ninth Circuit Issues Expansive Reading of Escobar

Ninth Circuit Issues Expansive Reading of Escobar - The broad reading of Escobar’s requirements reflects the increased risk for companies doing business with the government to be subject to FCA liability on an “implied certification” theory in the post-Escobar era.
Read More

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

Read More

OMB Releases Guidance Requiring Agencies to Report “Buy American” and “Hire American” Compliance by September 2017

OMB Releases Guidance Requiring Agencies to Report “Buy American” and “Hire American” Compliance by September 2017
Read More

Smith Pachter McWhorter/Association of Corporate Counsel, National Capital Region, Government Contractors Forum presentation on government investigations: July 12, 2017 12-2pm, at SPM Offices

Smith Pachter McWhorter/Association of Corporate Counsel, National Capital Region, Government Contractors Forum presentation on government investigations: July 12, 2017 12-2pm, at SPM Offices
Read More

Supreme Court Limits Powerful SEC Enforcement Tool, Holding that Disgorgement is Subject to Five-Year Statute of Limitations

Supreme Court Limits Powerful SEC Enforcement Tool, Holding that Disgorgement is Subject to Five-Year Statute of Limitations

Read More

Chambers 2017 has ranked Smith Pachter McWhorter PLC amongst the Top Tiers for Government Contracts and Construction law.

Chambers 2017 has ranked Smith Pachter McWhorter PLC amongst the Top Tiers Nationwide for Government Contracts and in Virginia for Construction law.  

Read More

FCPA Compliance and Enforcement Trends Annual Guide: April 2017

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

Read More

NIST Proposes Updates to Cybersecurity Framework

NIST Proposes Updates to Cybersecurity Framework - On May 16, 2017, the National Institute of Standards and Technology (NIST) held a workshop discussing the proposed updates and feedback for version 1.1 of the federal Cybersecurity Framework – a set of industry standards and best practices developed to protect complex critical infrastructure from cybersecurity threats and infiltration.  

Read More

President Trump Signs Executive Order Amending “Buy American” and “Hire American” Rules Applicable To Federal Procurements

Trump Signs Executive Order Amending “Buy American” and “Hire American” Rules Applicable To Federal Procurements

Read More

President Trump Expected To Sign Executive Order Amending “Buy American” and “Hire American” Rules Applicable To Federal Procurements

President Trump Expected To Sign Executive Order Amending “Buy American” and “Hire American” Rules Applicable To Federal Procurements

Read More

Trump Rescinds Controversial

Trump Rescinds Controversial “Fair Pay Safe Workplaces” Regulations -

On March 27, 2017, President Donald Trump signed a Congressional Review Act resolution permanently rescinding the “Fair Pay and Safe Workplaces” regulations, dubbed the “blacklisting rule” by opponents..

Read More

SPM Secures Major Victory for Bechtel National, Inc. in Virginia State Court Litigation with Parsons Government Services, Inc.

On behalf of Bechtel National, Inc., Smith Pachter McWhorter, prevailed in an $80 million dollar lawsuit brought by Parsons Government Services

Read More

Jonathan Shaffer named to Law360's Government Contracts Editorial Advisory Board.

SPM member Jonathan Shaffer has been named to participate on Law360's 2017 Government Contracts Editorial Advisory Board. 

Read More

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

Read More

SPM Attorneys to Speak at Jackson Lewis Government Contractor Employment Law Symposium

Government Contractor Employment Law Symposium March 16, 2017. SPM Attorneys John Cook, Erica Geibel, Armani Vadiee, and Owen Walker and Will be Guest Speakers at Jackson Lewis Government Contractor Employment Law Symposium

Read More

Board of Contract Appeals Bar Association, Inc. presents: The Executive Policy Forum on E-Discovery

Smith Pachter McWhorter hosts BCABA members for a conversation addressing current issues in E-Discovery at the Boards, including preservation responsibilities and the proportionality of discovery requests.

Read More

Final Rule Amends Fair Pay and Safe Workplaces Regulations to Incorporate Preliminary Injunction; New Paycheck Transparency Requirements Take Effect January 1, 2017

Final Rule Amends Fair Pay and Safe Workplaces Regulations to Incorporate Preliminary Injunction; New Paycheck Transparency Requirements Take Effect January 1, 2017
Read More

New Final Rule Requires Compliance of Contractors Handling “Controlled Unclassified Information.”

New Final Rule Requires Compliance of Contractors Handling “Controlled Unclassified Information.”

Read More

DFARS Update Provides Contractor Compliance Extension to December 31, 2017, but Reporting Obligations Persist Until Then.

DFARS Update Provides Contractor Compliance Extension to December 31, 2017, but Reporting Obligations Persist Until Then.

Read More

New FAR Final Rule Requires Compliance of Contractors Handling “Federal Contract Information.”

New FAR Final Rule Requires Compliance of Contractors Handling “Federal Contract Information.”

Read More

Texas judge issues preliminary injunction on implementation of “Fair Pay and Safe Workplaces” Regulations

Texas judge issues preliminary injunction on implementation of “Fair Pay and Safe Workplaces” Regulations. 

Read More

Government Contractors Forum: Safe Passage or Stormy Seas - Managing Risk in Prime-Subcontract Disputes Involving Pass-Through Claims

Government Contractors Forum: Safe Passage or Stormy Seas - Managing Risk in Prime-Subcontract Disputes Involving Pass-Through Claims

Read More

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. 

Read More

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.

Read More

Texas Lawsuit Challenges Constitutionality of “Fair Pay and Safe Workplaces” Regulations - By Kristin Tisdelle

Texas Lawsuit Challenges Constitutionality of “Fair Pay and Safe Workplaces” Regulations. 

Read More

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

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

Read More

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.  

Read More

DOD Issues Guidance Memorandum Regarding Commercial Item Determinations and the Determination of Price Reasonableness for Commercial Items

DOD Issues Guidance Memorandum Regarding Commercial Item Determinations and the Determination of Price Reasonableness for Commercial Items
Read More

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


       

Read More

Course: Price and Cost Realism in Government Contracting

Course: Price and Cost Realism in Government Contracting - Instructors Armani Vadiee of Smith Pachter McWhorter and Robert Craig of BDO.

Read More

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.
Read More

FAR Final Rule on Cybersecurity Safeguarding Requirements

FAR Cybersecurity Final Rule - On May 16, 2016 DoD, GSA, and NASA issued a long anticipated Final Rule on cybersecurity, by adding a new subpart 4.19 and contract clause 52.204-21, "Basic Safegaurding of Covered Contractor Information Systems".

Read More

Gregory A. Smith to teach Seminar in Federal Government Contracts law at UVA.

Gregory A. Smith was recently appointed to be a Lecturer, and adjunct member of the faculty at UVA.

Read More

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)

Read More

SPM Presentation - Top 10 Things You Should Know About Government Contracts

SPM Presentation - Top 10 Things You Should Know About Government Contracts. The federal government is unlike any other customer that a company can have.  Not only must contracts with the federal government contain specific clauses promulgated as regulations, but those clauses provide the federal government with rights that would be labeled “breach” in commercial contracts.

Read More

SPM Presentation: Forming Government Contracts: Understanding the Players and the Process

SPM Presentation - Forming Government Contracts: Understanding the Players and the Process. Smith Pachter McWhorter's Jonathan D. Shaffer presents this new class which focuses on the statutes and regulations governing the government’s ability to contract; the authority of the contracting officer; the IFB (invitation for bid) and RFP (request for proposal) process; organizational conflicts of interest; role of bid protests; and responsibilities of the contractor. 

Read More

Jonathan Shaffer named to Law 360's Government Contracts Editorial Advisory Board.

Jonathan Shaffer named to Law 360's Government Contracts Editorial Advisory Board.

Read More

Cost Impact Calculations: A Significant Raytheon Decision In The ASBCA

Cost Impact Calculations: A Significant Raytheon Decision In The ASBCA

Read More

PRICE AND COST REALISM IN GOVERNMENT CONTRACTING

Price and Cost Realism in Government Contracting - December 8-9, 2015, Denver, CO. 

Read More

Challenging Negative Performance Evaluations: Confronting Hurdles at ASBCA and COFC

Challenging Negative Performance Evaluations: Confronting Hurdles at ASBCA and COFC

Read More

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

Read More

Client Alert: New DoD DCMA Instructions on Counterfeit Part Mitigation Procedure

Client Alert: New DoD DCMA Instructions on Counterfeit Part Mitigation Procedure 

Read More

Client Alert: DFARS Final Rule - Network Penetration Reporting and Contracting for Cloud Services

DFARS Final Rule: Network Penetration Reporting and Contracting for Cloud Services

Read More

Client Alert: FAR acquisition-related thresholds have been increased.

Client Alert: FAR acquisition-related thresholds have been increased as of July 2, 2015.

Read More

Government Contractors Forum: Contracting With State and Local Governments - Navigating the Patchwork Quilt of Rules and Regulations

Government Contractors Forum: Contracting With State and Local Governments - Navigating the Patchwork Quilt of Rules and Regulations

Read More

Proposed FAR Amendments Aim to Increase Small Business Opportunities

Proposed FAR Amendments Aim to Increase Small Business Opportunities

Read More

Proposed FAR Rule: “Fair Pay and Safe Workplaces” FAR Case 2014-025, Fair Pay and Safe Workplaces

Proposed FAR Rule: “Fair Pay and Safe Workplaces” FAR Case 2014-025

Read More

Remarks of John S. Pachter at the Federal Circuit Bar Association Government Contracting Summit; Panel Topic: Implied Duty of Good Faith and Fair Dealing

Remarks of John S. Pachter at the Federal Circuit Bar Association Government Contracting Summit; Panel Topic: Implied Duty of Good Faith and Fair Dealing

Read More

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 

Read More

Jonathan Shaffer named to Law 360's Government Contracts Editorial Advisory Board.

Jonathan Shaffer named to Law 360's Government Contracts Editorial Advisory Board.

Read More

FY 2014: A Positive Year for GAO Bid Protests at Smith Pachter McWhorter PLC

FY 2014: A Positive Year for GAO Bid Protests at Smith Pachter McWhorter PLC

Read More

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

Read More

Federal Circuit Affirms Aircraft Contractor's Compliance With Cost Accounting Standard Sikorsky Aircraft Corp. v. United States, Fed. Cir., No. 2013-5096, -5099

Federal Circuit Affirms Aircraft Contractor's Compliance With Cost Accounting Standard Sikorsky Aircraft Corp. v. United States, Fed. Cir., No. 2013-5096, -5099, 12/10/14 - John S. Pachter interviewed by BNA for comment. 

Read More

Cost Accounting Standards Course - By Gregory A. Smith

Gregory A. Smith co-teaches course on Cost Accounting Standards at the Executive Conference & Training Center in Sterling, VA on August 13, 2014.  More info here

Read More

WMACCA Government Contractors Forum: Independent Monitors - How To Avoid Them and How To Live With Them - Presented by Iris Bennett and Sean J. Hartigan of Smith Pachter McWhorter and an in-house panelist. Moderated by John Pachter of Smith Pachter McWhorter.

WMACCA Government Contractors Forum: Independent Monitors - How To Avoid Them and How To Live With Them - Presented by Iris Bennett and Sean J. Hartigan of Smith Pachter McWhorter and an in-house panelist.  Moderated by John Pachter of Smith Pachter McWhorter.

Read More

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

 

Read More

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

Read More

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

Read More

Cost and Price Realism Course Taught by Armani Vadiee

Armani Vadiee will co-teach a course on Cost & Price Realism in government contracting on June 19-20 in Washington, DC and on December 2-3 in Las Vegas, NV.  For more information please click here.

Read More

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

Read More

Virginia Governor Names Val McWhorter to Virginia Port Authority Board of Commissioners

Virginia Governor Names Val McWhorter to Virginia Port Authority Board of Commissioners.

Read More

Jonathan D. Shaffer will speak on Hot Topics in State and Local Procurement: Bid Protests at the April 24-25, 2014 American Bar Association State and Local Procurement Symposium in Asheville, North Carolina.

Jonathan D. Shaffer will speak on Hot Topics in State and Local Procurement: Bid Protests at the April 24-25, 2014 American Bar Association State and Local Procurement Symposium in Asheville, North Carolina. 

Read More

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.

Read More

The Government Accountability Office issues Bid Protest Annual Report to Congress for Fiscal Year 2013

The Government Accountability Office has issued its Bid Protest Annual Report to Congress for Fiscal Year 2013

Read More

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 

Read More

Smith Pachter McWhorter Announces New Partners in White Collar Practice

Smith Pachter McWhorter Announces New Partners in White Collar Practice - Joseph P. Covington has joined the firm as a partner... 

Read More

2 KBR Cases Illuminate Kickback Risks For Contractors

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

Read More

Stephen D. Knight to Speak at ACI’s 5th Annual Advanced Forum on DCAA Audits

Stephen D. Knight will present the opening remarks at ACI’s 5th Annual Advanced Forum on DCAA Audits on November 5-6, 2013 at the Westin Arlington Gateway in Arlington, VA. 

Read More

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. 

Read More

Smith Pachter McWhorter Will Host a WMACCA Government Contractors Forum Presentation: Executives in DCAA Crosshairs - New Limits on Executive Compensation - September 18, 2013

WMACCA Government Contractors Forum Presentation: Executives in DCAA Crosshairs - New Limits on Executive Compensation - September 18, 2013

Read More

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.

Read More

Best Lawyers in America 2013 Edition Recognizes Firm's Expertise in Construction Law and Litigation, Arbitration and Mediation

Best Lawyers in America 2013 Edition Recognizes Smith Pachter McWhorter Attorneys for Expertise in Construction Law and Litigation, Arbitration and Mediation

Read More

ABA Section of Public Contract Law 2013 Annual Meeting

The American Bar Associations's Section of Public Contract Law 2013 Annual Meeting wil be held in San Francisco, CA, August 9-12.   

Read More

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 

Read More