LEGAL DEVELOPMENTS ALERT: Presidential Executive Order on Strengthening Buy American Preferences for Infrastructure Projects
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).
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.
Limitations on Subcontracting: Regulatory Disconnect Leaves Small Businesses in an Untenable Situation - By Zachary Prince and Kristin Tisdelle
Chambers 2017 has ranked Smith Pachter McWhorter PLC amongst the Top Tiers Nationwide for Government Contracts and in Virginia for Construction law.
Super Lawyers honors Smith Pachter McWhorter attorneys in the 2017 listings for their achievements and expertise in their respective areas of practice. The attorneys selected include:
Trump Signs 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
On behalf of Bechtel National, Inc., Smith Pachter McWhorter, prevailed in an $80 million dollar lawsuit brought by Parsons Government Services
SPM member Jonathan Shaffer has been named to participate on Law360's 2017 Government Contracts Editorial Advisory Board.
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
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.
Encouraging Signs for False Claims Act Litigation: Recent Decisions Aligned to Guide Supreme Court Review
Cost Impact Calculations: A Significant Raytheon Decision In The ASBCA
Challenging Negative Performance Evaluations: Confronting Hurdles at ASBCA and COFC
DFARS Final Rule: Network Penetration Reporting and Contracting for Cloud Services
Client Alert: FAR acquisition-related thresholds have been increased as of July 2, 2015.
Proposed FAR Amendments Aim to Increase Small Business Opportunities
Richard C. Johnson and Armani Vadiee will be presenters on a webinar entitled, “Afghan Taxes, Business Registration, and Cost Recovery – A Step-by-Step Guide” which will take place on June 3 at 1:00 p.m. EDT.
Remarks of John S. Pachter at the Federal Circuit Bar Association Government Contracting Summit; Panel Topic: Implied Duty of Good Faith and Fair Dealing
After Metcalf Construction: Putting the Winstar Genie Back in the Bottle - By John S. Pachter
Jonathan Shaffer named to Law 360's Government Contracts Editorial Advisory Board.
FY 2014: A Positive Year for GAO Bid Protests at Smith Pachter McWhorter PLC
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.
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
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
Virginia Governor Names Val McWhorter to Virginia Port Authority Board of Commissioners.
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.
John Pachter and Richard Johnson authored an amicus brief on behalf of the Professional Services Council to the U.S. Supreme Court.
The Government Accountability Office has issued its Bid Protest Annual Report to Congress for Fiscal Year 2013
Independent Monitors: What They Do and How to Avoid the Need for Them - By John S. Pachter
Smith Pachter McWhorter Announces New Partners in White Collar Practice - Joseph P. Covington has joined the firm as a partner...
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.
Case Note: ASBCA Rejects Government's Four Damages Theories In Recent Defective Pricing Case. By Stephen D. Knight.
WMACCA Government Contractors Forum Presentation: Executives in DCAA Crosshairs - New Limits on Executive Compensation - September 18, 2013
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.
Best Lawyers in America 2013 Edition Recognizes Smith Pachter McWhorter Attorneys for Expertise in Construction Law and Litigation, Arbitration and Mediation
The American Bar Associations's Section of Public Contract Law 2013 Annual Meeting wil be held in San Francisco, CA, August 9-12.
Fifth Circuit Holds Contractors Subject to Vicarious Liability for Employees Engaged in Kickbacks - By John S. Pachter
Chambers 2013 has ranked Smith Pachter McWhorter PLC amongst the Top Tiers for Government Contracts and Construction law. Chambers USA’s identifies America’s leading lawyers as the best in their fields by their peers and clients.
The Associated General Contractors of America (AGC) has re-appointed Smith Pachter McWhorter PLC Member Edmund M. Amorosi to the National AGC Committee on International Construction.
Super Lawyers 2013 honors Smith Pachter McWhorter PLC attorneys for their achievements and expertise in their areas of practice
Richard F. Smith and Brian J. Vella will present at the upcoming Virginia Chapter of the Architectural Woodwork Institute (AWI) on March 20th in Charlottesville, VA.
The presentation will discusss construction contracts and Mr. Vella will cover building a contract “check-list” and Mr. Smith will discuss arbitration and mediation as an option for the woodworker.
The meeting announcement can be found here.
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. The VBA describes the role of the Construction and Public Contracts Law Section as “monitoring, initiating and promoting legislation that affects the construction industry and matters of public contracts law” before the Virginia General Assembly. In addition to legislative initiatives, the Section presents an annual continuing legal education seminar, usually held each winter at the Annual Meeting of the VBA in Williamsburg. The Section typically presents an educational program at the VBA’s Summer Meeting. Richard F. Smith, Of Counsel, preceded Mr. Amorosi on the Council.
Developments in Arbitration Law Presented by Edmund M. Amorosi at the Virginia Bar Association’s 123rd Winter Meeting.
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.
Four Smith Pachter McWhorter members nominated and selected for the 2012 Who's Who Legal list. Nominees are selected based upon comprehensive, independent survey work with both general counsel and construction and government contract lawyers in private practice worldwide. This year, Val McWhorter and Richard F. Smith were selected for the Construction catagory and Mark Hanson and John Pachter were selected for the Public Procurement (government contracts) category. For more info click here.
Chambers USA 2012 has ranked Smith Pachter McWhorter PLC amongst the Top Tiers for Government Contracts and Construction law. Chambers USA’s identifies America’s leading lawyers as the best in their fields by their peers and clients.