Six Smith Pachter McWhorter PLC members were selected for the 2019 Who's Who Legal list.
Six Smith Pachter McWhorter PLC members were selected for the 2019 Who's Who Legal list.
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.
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 inThe Best Lawyers in America© 2020 Edition. Lawyers are selected for inclusion based on an exhaustive peer-review process.
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.
LEGAL DEVELOPMENTS ALERT: GAO Issues Report on DCAA and DCMA Business System Audits
LEGAL DEVELOPMENTS ALERT: Presidential Executive Order on Strengthening Buy American Preferences for Infrastructure Projects
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.
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
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.
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
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'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.