Construction Executive has ranked Smith Pachter McWhorter PLC in The Top 50 Construction Law Firms™ for 2020.
Construction Executive has ranked Smith Pachter McWhorter PLC in The Top 50 Construction Law Firms™ for 2020.
Brian J. Vella, Kathryn T. Muldoon Griffin, Jacob B. Bolinger and Max G. Terhar will be presenting on the topic of "Recent Developments in Construction Law" at the upcoming American Road & Transportation Builders Association (ARTBA) 12th Annual Virtual Law & Regulatory Forum held live online June 3-4, 2020.
Chambers USA: America’s Leading Lawyers for Business recognizes seven Smith Pachter McWhorter PLC lawyers as leaders in their field in its 2020 guide. Chambers USA 2020 has also ranked the firm’s government contracts and construction practice groups. Chambers USA is the preeminent legal ranking of attorneys and law firms with regional and national rankings driven by independent interviews of clients and peers.
Who's Who Legal 2020 has selected five Smith Pachter McWhorter members in the areas of Construction, Government Contracts, and Mediation in 2020. Nominees are selected based upon comprehensive, independent surveys with both general counsel and construction and government contract lawyers in private practice worldwide.
ENR recently published an article in its Law & Risk Management Today I April 2020 issue on the Department of Defense (DoD) changes for its Cybersecurity Maturity Model Certification (CMMC) program by Smith Pachter McWhorter attorneys Elizabeth N. Jochum and Zachary D. Prince.
Richard F. Smith will be presenting on an American Bar Association (ABA) webinar entitled, "Professors' Corner: The Gap Between Construction Law Practice and Scholarship" on April 14, 2020. The Professor's Corner Webinar is sponsored by the Joint Legal Education and Uniform Laws Group of the ABA Section of Real Property, Trust and Estate Law.
Smith Pachter McWhorter, Jackson Lewis and BDO will host a webinar on "Practical Guidance for Federal Contractors Navigating a COVID-19 Environment" on Tuesday, April 7, 2020, 1:00 - 2:15 p.m., addressing important issues related to stay-at-home mandates, non-essential business closures and restrictions, and orders related to the COVID-19 pandemic impacting employers. Federal government contractors face additional challenges with agency, contract or site-specific closures or restrictions impacting their ability to continue work as usual. At the same time Congress is enacting laws expanding paid and unpaid leave for certain workers, directing federal agencies to consider reimbursement of paid leave for certain government contractors, and providing additional unemployment benefits, loans and tax incentives. Panelists will address questions on these and other issues impacting contractors.
The COVID-19 (Coronavirus disease) outbreak, and the resulting emergency declarations and quarantines in various cities and countries has the potential to negatively impact construction projects. The extent of the potential impacts on construction projects is unknown, but forward-looking contractors are already planning for possible labor shortages, material delays or unavailability, disruption to supply chains, and other impacts. Although contractors’ positions will be dependent on specific contract clauses, it is critical that contractors understand their options and review their contracts and form a plan to deal with possible impacts of the global spread of COVID-19.
Smith Pachter McWhorter PLC is pleased to announce the publication of the 4th Edition of the Virginia Construction Law Deskbook© Virginia CLE Publications. Brian J. Vella, Jennifer A. Mahar, and Edmund M. Amorosi, served as Co-Editors of the 4th Edition.
Smith Pachter McWhorter PLC is pleased to announce that Edmund M. Amorosi has been elected as Chair of the Virginia Bar Association’s Section on Construction and Public Contracts Law at the 130th Annual Meeting of the Virginia Bar Association in Williamsburg, Virginia on January 24, 2020.
Six Smith Pachter McWhorter PLC members were selected for the 2019 Who's Who Legal list in the areas of Construction, Government Contracts, and Mediation. John M. Cook, Val S. McWhorter and Richard F. Smith have been named as Thought Leaders in the 2019 Who's Who Legal Thought Leaders in Construction.
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).
On November 5, 2019, the Department of Justice (DOJ) 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.
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.
Smith Pachter McWhorter PLC is proud to announce that Richard F. Smith was named 2020 Arbitration “Lawyer of the Year” by Best Lawyers® in Washington, D.C. Mr. Smith was also selected for recognition in The Best Lawyers in America© 2020 Edition for his work in Arbitration, Mediation and Construction Law.
Smith Pachter McWhorter PLC is proud to announce that Val S. McWhorter was named 2020 Mediation “Lawyer of the Year” by Best Lawyers® in Washington, D.C. Mr. McWhorter was also selected for recognition in The Best Lawyers in America© 2020 Edition for his work in Arbitration, Mediation and Construction Law.
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.
Smith Pachter McWhorter PLC is pleased to announce that seven attorneys have been selected for inclusion in The Best Lawyers in America© 2020 Edition. Lawyers are selected for inclusion based on an exhaustive peer-review process. In addition, Val S. McWhorter was named 2020 Mediation “Lawyer of the Year” by Best Lawyers® in Washington, D.C.
NEW ATTORNEY ANNOUNCEMENT: Smith Pachter McWhorter PLC is pleased to announce that experienced government contracts attorney Elizabeth N. Jochum has joined the firm as a partner. Ms. Jochum augments the firm’s existing capabilities, adding extensive experience in bid protests and other government contracts litigation, as well as government contracts-related investigations and white collar defense.
Smith Pachter McWhorter is also pleased to announce the addition of two associate attorneys: Haris Hadzimuratovic and Jacob Bolinger.
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."
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.
Construction Executive magazine, the official publication of the Associated Builders & Contractors (ABC), has ranked Smith Pachter McWhorter PLC in the Top 50 Construction Law Firms rankings for 2019, recognizing the firm as 26th nationwide by number of construction attorneys.
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.
Smith Pachter McWhorter PLC congratulates eight attorneys who have been selected for inclusion in the 2019 Virginia Super Lawyers® and Rising Stars list for their achievements and expertise in their areas of practice.
In the Law360 Expert Analysis article, High Court May Defend Gov't Contractors Against FOIA," Edmund M. Amorosi previews a U.S. Supreme Court case involving FOIA Exemption for Commercial and Proprietary Information.
LEGAL DEVELOPMENTS ALERT: DOD Issues Several Memos on Cybersecurity Compliance
On February 7, 2019, the U.S. Government Accountability Office (GAO) issued a Report (GAO-19-212) to Congressional Committees on the Department of Defense’s (DOD) effectiveness in monitoring and managing contractor business system evaluations.
In two articles, John S. Pachter and Todd M. Garland discuss recent False Claims Act trends.
On January 31, 2019, President Trump signed an Executive Order titled "Strengthening Buy- American Preferences for Infrastructure Projects" (Executive Order 13858) (the "January 2019 EO"). This is his second Executive Order emphasizing the importance of applying and enforcing domestic sourcing preferences and requirements, including the Buy American Act (41 U.S.C. §§ 8301–8305) and other statutes and regulations.
Smith Pachter McWhorter PLC is pleased to announce that six attorneys have been selected for inclusion in the The Best Lawyers in America© 2019 Edition. Lawyers are selected for inclusion based on an exhaustive peer-review process.
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.
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.
SPM's Erica J. Geibel wins the ABA Forum on Construction Law Trial Academy Writing Competition and SPM's Todd M. Garland selected as a finalist.
The National Institute of Standards and Technology (“NIST”) released a new version of the Framework for Improving Critical Infrastructure Cybersecurity with important updates.
Smith Pachter McWhorter PLC congratulates six attorneys who have been selected for inclusion in the 2018 Virginia Super Lawyers® and Rising Stars list for their achievements and expertise in their areas of practice.
SPM congratulates John Marshall Cook on being inducted as a Fellow of the American College of Construction Lawyers.
GSA publishes plan to implement cybersecurity regulations governing information system security and cyber incident reporting.
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 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.
Smith Pachter McWhorter PLC is proud to announce that Richard F. Smith was named 2018 Mediation “Lawyer of the Year” by Best Lawyers® in Washington, D.C. Mr. Smith was also selected for recognition in The Best Lawyers in America© 2018 Edition for his work in Arbitration, Mediation and Construction Law.
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.
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.
The Procurement Lawyer has published an article,"Limitations on Subcontracting: Regulatory Disconnect Leaves Small Businesses in an Untenable Situation," by Zachary D. Prince and Kristin A. Tisdelle on general guidance for mall businesses competing for or performing set-aside contracts caught in a difficult position because of delays in statutory implementation by the FAR Council, which follow delays in statutory implementation by the Small Business Administration (SBA). The Federal Acquisition Regulation (FAR) provides a specific formula, included in a mandatory clause for all small business set-aside solicitations and contracts, to be used in evaluating whether a small business complies with subcontracting limitations.
OMB Releases Guidance Requiring Agencies to Report “Buy American” and “Hire American” Compliance by September 2017
Smith Pachter McWhorter hosts the Association of Corporate Counsel (ACC) National Capital Region, Government Contractors Forum presentation on government investigations on July 12, 2017, in Tysons Corner, Virginia.
Chambers USA 2017 has ranked Smith Pachter McWhorter PLC among the Top Tiers Nationwide for Government Contracts and in Virginia for Construction law.
On April 18, 2017, President Trump signed an 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
Smith Pachter McWhorter PLC congratulates three attorneys who have been selected for inclusion in the 2017 Virginia Super Lawyers® and Rising Stars list for their achievements and expertise in their areas of practice.
On behalf of Bechtel National, Inc., Smith Pachter McWhorter, prevailed in an $80 million dollar lawsuit brought by Parsons Government Services.
In an article published by The Procurement Lawyer, "Beyond Prototyping: 3D Printing in Government Contracts," Smith Pachter McWhorter attorneys Kelsey Wilbanks and Armani Vadiee discuss the history of 3D printing and its application and use in government contracts.
Smith Pachter McWhorter attorneys John Cook, Erica Geibel, Armani Vadiee, and Owen Walker will be guest speakers at the Jackson Lewis Government Contractor Employment Law Symposium on March 16, 2017.
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.
Smith Pachter McWhorter's Richard C. Johnson and Ashley N. Barbera Amen discuss decision of the Federal Circuit in Maropakis Carpentry, Inc. v. United States, six years following the decision.
In Kickbacks Result in Forfeiture of Claim, John Pachter and Todd Garland discuss Laguna Construction Co., Inc. v. Carter, where 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.
Smith Pachter McWhorter PLC is pleased to present the 2016 edition of its False Claims Act Practice Guide.
Smith Pachter McWhorter PLC is proud to announce that Val S. McWhorter was named 2017 “Lawyer of the Year” in Construction Law by Best Lawyers® in Washington, D.C. Mr. McWhorter was also selected for recognition in The Best Lawyers in America© 2017 Edition for his work in Arbitration, Construction Law and Mediation.
in the Federal Contracts Report article published by Bloomberg BNA, "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.
In the Federal Contracts Report article "BNA INSIGHTS: A Sensible Outcome for False Claims in Universal Health Services," published by Bloomberg BNA, John S. Pachter and Todd M. Garland discuss the Supreme Court’s recent Universal Health decision and its impact for trial courts and litigants.
Smith Pachter McWhorter's John S. Pachter and Todd M. Garland discuss pending False Claims Act cases in "A Look at False Claims Act Cases Through Scalia’s Lens," published by Bloomberg BNA Federal Contracts Report.
Smith Pachter McWhorter PLC congratulates two attorneys who have been selected for inclusion in the 2016 Virginia Super Lawyers® list for their achievements and expertise in their areas of practice.
Smith Pachter McWhorter's John S. Pachter and Todd M. Garland discuss recent False Claims Act decisions and their potential impact on Supreme Court review in "Encouraging Signs for False Claims Act Litigation: Recent Decisions Aligned to Guide Supreme Court Review," published by Bloomberg BNA Federal Contracts Report.
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.
Instructors Armani Vadiee of Smith Pachter McWhorter and Robert Craig of BDO are presenting a Federal Publications Seminars course on Price and Cost Realism in Government Contracting on December 8-9, 2015, in Denver, Colorado.
The Procurement Lawyer, an American Bar Association publication, has published Challenging Negative Performance Evaluations: Confronting Hurdles at ASBCA and COFC by Kathryn T. Muldoon and Erica J. Geibel in the Volume 51, Number 1, Fall 2015 issue.
Smith Pachter McWhorter PLC is proud to announce that Richard F. Smith was named 2016 Mediation “Lawyer of the Year” by Best Lawyers® in Washington, D.C. Mr. Smith was also selected for recognition in The Best Lawyers in America© 2016 Edition for his work in Arbitration, Mediation and Construction Law.
In response to the proliferation of cloud-based systems and networks by its contractors, the U.S. Department of Defense (DOD) issued an interim final rule on August 26, 2015 expanding cybersecurity requirements for all DOD contractors.
Smith Pachter McWhorter PLC is pleased to announce that five attorneys have been selected for inclusion in the The Best Lawyers in America© 2016 Edition. Lawyers are selected for inclusion based on an exhaustive peer-review process.
The DOD, GSA, and NASA issued a final rule, published July 2, 2015, amending the FAR to adjust acquisition-related thresholds for inflation. In accordance with the U.S. Code, FAR acquisition-related thresholds must be adjusted for inflation every five years using the Consumer Price Index for all urban consumers.
The U.S. Department of Defense, the National Aeronautics and Space Administration, and the U.S. General Services Administration proposed to amend the Federal Acquisition Regulation (FAR) to comply with a 2013 U.S. Small Business Administration final rule that seeks to increase subcontracting opportunities for small businesses.
President Obama issued Executive Order (“E.O.”) 13673, “Fair Pay and Safe Workplaces,” on July 31, 2014 to improve compliance with labors laws and increase efficiency in Federal Contracting.
Richard C. Johnson and Armani Vadiee will be presenters on a Federal Publications Seminars webinar entitled, “Afghan Taxes, Business Registration, and Cost Recovery – A Step-by-Step Guide” which will take place on June 3, 2015, at 1:00 p.m. EDT.
John S. Pachter recorded remarks from the Implied Duty of Good Faith and Fair Dealing Panel at the Federal Circuit Bar Association Government Contracting Summit, held on April 18, 2015.
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.
Smith Pachter McWhorter member Jonathan D. Shaffer has been named to participate on Law 360's 2015 Government Contracts Editorial Advisory Board.
The U.S. Government Accountability Office (GAO) has issued its annual report to Congress on its bid protest decisions for fiscal year 2014. GAO sustained 72 protests. Of those 72, three protesters were represented by Smith Pachter McWhorter, PLC.
Government Contract Costs, Pricing & Accounting Report has published an article on "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 in its January 2015, Volume 10, Issue 1.
Smith Pachter McWhorter PLC is pleased to announce that four attorneys have been selected for inclusion in the The Best Lawyers in America© 2015 Edition. Lawyers are selected for inclusion based on an exhaustive peer-review process.
Iris E. Bennett and Sean J. Hartigan of Smith Pachter McWhorter PLC will be presenting on an upocming panel with an in-house panelist at the ACC WMACCA Government Contractors Forum: Independent Monitors - How To Avoid Them and How To Live With Them. The panel will be moderated by John S. Pachter of Smith Pachter McWhorter PLC.
"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.
Edmund M. Amorosi discusses the duty to arbitrate in "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).
Armani Vadiee will co-teach a Federal Publications Seminars course on Cost and Price Realism in Government Contracting on June 19-20, 2014, in Washington, D.C. and on December 2-3, 2014, in Las Vegas, Nevada.
Virginia Governor Terry McAuliffe names Val McWhorter to the 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 U.S. Government Accountability Office (GAO) has issued its Bid Protest Annual Report to Congress for Fiscal Year 2013.
Smith Pachter McWhorter member John S. Pachter presents a detailed review of the role and responsibilities of independent monitors and a discussion on how to avoid the need to use them in the article, "Independent Monitors: What They Do and How to Avoid the Need for Them."
Smith Pachter McWhorter PLC is pleased to announce that veteran white collar specialist Joseph P. Covington has joined the firm as a partner to lead a practice group dedicated to white collar defense, investigations and compliance counseling, augmenting the firm’s existing capabilities in these areas. Also joining Mr. Covington as partners are seasoned white collar attorneys Iris E. Bennett and Sean Hartigan.
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.
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.
Best Lawyers in America 2013 has selected five Smith Pachter McWhorter PLC attorneys for their expertise and work in Construction Law and Litigation, Arbitration and Mediation.
Smith Pachter McWhorter PLC is pleased to announce that four attorneys have been selected for inclusion in the The Best Lawyers in America© 2014 Edition. Lawyers are selected for inclusion based on an exhaustive peer-review process.
The American Bar Associations Section of Public Contract Law 2013 Annual Meeting will be held in San Francisco, CA, August 9-12, 2013.
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.
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.
The Associated General Contractors of America (AGC), the leading association for the construction industry, has re-appointed Smith Pachter McWhorter PLC Member Edmund M. Amorosi to the National AGC Committee on International Construction.
Smith Pachter McWhorter PLC congratulates four attorneys who have been selected for inclusion in the 2013 Virginia Super Lawyers® list 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.
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.
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.
Four Smith Pachter McWhorter PLC members were selected for the 2012 Who's Who Legal list in the areas of Construction, Government Contracts - Public Procurement. Nominees are selected based upon comprehensive, independent surveys 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 category and Mark Hanson and John Pachter were selected for the Public Procurement (government contracts) category.