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Jonathan Shaffer and Todd Garland to Conduct Federal Publications Seminars® Webinar on Federal Bid Protest Mitigation: Avoidance and Defenses

On May 28, 2020, Smith Pachter McWhorter attorneys Jonathan D. Shaffer and Todd M. Garland will present a CLE webinar on “Federal Bid Protest Mitigation - Avoidance and Defenses,” highlighting government procurement issues that result in protests and provide lessons learned from recent bid protest decisions.

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Cost Impact Calculations: A Significant Raytheon Decision In The ASBCA

Richard C. Johnson discuss cost impact calculations and voluntary cost accounting changes in the Raytheon Co., Space & Airborne Systems appeal in "Cost Impact Calculations: A Significant Raytheon Decision In The ASBCA," published by Government Contract Costs, Pricing & Accounting Report.

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

John S. Pachter discusses the Federal Circuit’s opinion in Metcalf Construction Co. v. United States, 742 F.3d 984 (Fed. Cir. 2014) and its impact on the the duty of good faith and fair dealing in government contracts in the article "After Metcalf Construction: Putting the Winstar Genie Back in the Bottle," published by Bloomberg BNA Federal Contracts Report.

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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," article by Wayne DeFlaminis, Sara P. Bryant, John Marshall Cook, and David Kirschbaum discusses occupational fraud and how it manifests in construction industry, proactive and remedial measures to prevent fraud, early stage problem detection and minimizing the impact of fraud within a construction project or organization.

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Jonathan Shaffer Speaking on Hot Topics in State and Local Procurement: Bid Protests at the 2014 ABA State and Local Procurement Symposium

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. 

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John Pachter and Richard Johnson Submit Amicus Brief to U.S. Supreme Court on behalf of 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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Case Note: ASBCA Rejects Government's Four Damages Theories In Recent Defective Pricing Case

Stephen D. Knight provides an in depth analysis of a recent decision of the ASBCA in Appeal of Lockheed Martin Aeronautics Company, A.S.B.C.A. No. 56547, 13-1 B.C.A. (CCH) ¶ 35220, 2013 WL 443823 (Armed Serv. B.C.A. 2013) where the Board rejected the Government's attempt to impose defective pricing liability on the contractor.

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

In an unsettling opinion, the United States Court of Appeals for the Fifth Circuit held that 41 U.S.C. § 55(a)(1), the Anti-Kickback Act, extends vicarious liability to an employer for acts of its employees acting with apparent authority, without the need for a showing that the employees were acting for the corporation’s benefit.  The statute provides for civil penalties equal to twice the amount of each kickback and punitive damages up to $11,000 for each instance.  United States ex rel. Vavra v. Kellogg Brown & Root, Inc., 5th Cir., No. 12-40447, July 19, 2013. 

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Chambers USA 2013 Ranks Smith Pachter McWhorter Among the Top Construction and Government Contract Firms

Chambers USA: America’s Leading Lawyers for Business 2013 has ranked Smith Pachter McWhorter PLC amongst the Top Tiers for Government Contracts and Construction law. Chambers USA identifies America’s leading lawyers as the best in their fields by their peers and clients.

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Armani Vadiee Co-Teaching Course on Price And Cost Realism In Government Contracting

Armani Vadiee will co-teach a Federal Publications Seminars course entitled Price And Cost Realism In Government Contracting, June 13-14, 2013, at the Waterview Conference Center at CEB in Arlington, VA.

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The Procurement Lawyer Winter 2013 Issue Features a Q&A with John S. Pachter

The Winter 2013 issue of the Procurement Lawyer published by the ABA Section of Public Contract Law features a question and answer discussion with John S. Pachter, first recipient of the Allan J. Joseph Award.  

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GAO Report on Significant Bid Protests and Statistics for Fiscal Year 2012

The Government Accountability Office issues report discussing bid protest statistics for fiscal years 2008-2012 and highlighting the significant decision from 2012.

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Edmund M. Amorosi Appointed to the Council of the Virginia Bar Association’s Section on Construction and Public Contracts Law

At the 123rd Annual Meeting of the Virginia Bar Association on January 24-26, 2013 in Williamsburg, Virginia, Edmund M. Amorosi was appointed as a member of the Council of the VBA’s Section on Construction and Public Contracts Law. 

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Edmund M. Amorosi Presents at the Virginia Bar Association’s 123rd Winter Meeting on Developments in Arbitration Law

Edmund M. Amorosi presented on a panel entitled “State and Federal Court Practice Update: Evidence, Arbitration, Jurisdiction and Venue” at the Virginia Bar Association’s 123rd Annual Meeting in Williamsburg on Saturday, January 26, 2013.

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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 Stephen D. Knight and 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). 

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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

Smith Pachter McWhorter's Richard C. Johnson and Ashley N. Amen have published an article in the Bloomberg Federal Contracts Report entitled, "Running Out of Time: Rapidly Developing Case Law on the CDA Six-Year Statute of Limitations on Contractor and Government Claims," regarding the rapidly developing case law on the CDA six-year statute of limitations on contractor and Government claims. 

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Chambers USA 2012 Ranks Smith Pachter McWhorter and its Members among the Top Construction and Government Contract Firms

Chambers USA 2012 has ranked Smith Pachter McWhorter PLC amongst the top tiers for Government Contracts and Construction Law.  Chambers USA identifies America’s leading lawyers as the best in their fields by their peers and clients.

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Dorothy E. Terrell Speaking at ABA Forum on the Construction Industry 2013 Mid-Winter Meeting

Dorothy E. Terrell, Smith Pachter McWhorter PLC, Of Counsel, will be a speaker at the upcoming Mid-Winter Meeting of the ABA Forum on the Construction Industry held January 31-February 1, 2013, at the Naples Grande in Naples, FL. 

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