LEGAL DEVELOPMENTS ALERT: New Law Revises Small Business Size Formula
LEGAL DEVELOPMENTS ALERT: DOJ Provides Guidance on Corporate Compliance Programs and Monitorships
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
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).
Fifth Circuit Decision Reinforces Need for Anti-Kickback Act Compliance. By Smith Pachter McWhorter's John Pachter and Todd Garland.
SPM's primer of FAQs regarding FCPA Compliance, available in English, Mandarin, Portuguese, and Spanish.
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.”
Smith Pachter McWhorter PLC is pleased to present the 2017 edition of its False Claims Act Practice Guide
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.
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.
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.
Supreme Court Limits Powerful SEC Enforcement Tool, Holding that Disgorgement is Subject to Five-Year Statute of Limitations
Chambers 2017 has ranked Smith Pachter McWhorter PLC amongst the Top Tiers Nationwide for Government Contracts and in Virginia for Construction law.
SPM's White Collar practice group conduct anti-corruption compliance workshops in Sao Paulo, Brazil and Rio de Janeiro, Brazil, May 23-25, 2017,
SPM's FCPA Compliance and Enforcement Trends Annual Guide: April 2017.
Smith Pachter McWhorter is proud to participate in the 2017 Legal Food Frenzy, a food and fund drive sponsored by the Attorney General of Virginia, the Young Lawyers Division of The Virginia Bar Association, and the Federation of Virginia Food Banks.
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..
The Government Audit Process: Limitations and Considerations presented by the Government Contracts Section of the Fairfax Bar Association
SPM member Jonathan Shaffer has been named to participate on Law360's 2017 Government Contracts Editorial Advisory Board.
Proposed Changes to the Bayh-Dole Act Will Alter Contractor Timelines for Protecting Patents to Subject Inventions, Other Requirements
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
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.
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.
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.
Available now: Smith Pachter McWhorter's False Claims Act Practice Guide: 2016
Iris E. Bennett, panellist on the Foreign Corrupt Practices Act at the 2016 Women, Influence & Power in Law conference, held in Washington, D.C.
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.
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".
Encouraging Signs for False Claims Act Litigation: Recent Decisions Aligned to Guide Supreme Court Review
DFARS Final Rule: Network Penetration Reporting and Contracting for Cloud Services
Remarks of John S. Pachter at the Federal Circuit Bar Association Government Contracting Summit; Panel Topic: Implied Duty of Good Faith and Fair Dealing
Jonathan Shaffer named to Law 360's Government Contracts Editorial Advisory Board.
Whose Burden Is It, Anyway?: Implications Of The Federal Circuit Determination That The CDA Statute Of Limitations Is Nonjurisdictional
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.
Client Advisory: Department of Justice FCPA Opinion Procedure Release 14-01 Addresses Business Transactions between Companies and Government Officials
By: Alana S. Tokayer