Attorneys At Law
Print

News & Resources

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

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

Michael Lowman has joined Smith Pachter McWhorter’s White Collar Practice Group

NEW ATTORNEY ANNOUNCMENT: Michael Lowman has joined Smith Pachter McWhorter’s White Collar Practice Group
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

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

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

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

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

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

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

SPM conducts Anti-corruption Compliance Workshops in Brazil

SPM's White Collar practice group conduct anti-corruption compliance workshops in Sao Paulo, Brazil and Rio de Janeiro, Brazil, May 23-25, 2017,

Read More

FCPA Compliance and Enforcement Trends Annual Guide: April 2017

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

Read More

Smith Pachter McWhorter is participating in the 2017 Legal Food Frenzy

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. 

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

The Government Audit Process: Limitations and Considerations

The Government Audit Process: Limitations and Considerations presented by the Government Contracts Section of the Fairfax Bar Association

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

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

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

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

Read More

Iris E. Bennett, panellist on the Foreign Corrupt Practices Act at the 2016 Women, Influence & Power in Law conference, held in Washington, D.C.

Iris E. Bennett, panellist on the Foreign Corrupt Practices Act at the 2016 Women, Influence & Power in Law conference, held in Washington, D.C.

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

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

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

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

Read More

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  

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

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

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

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

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

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