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Smith Pachter McWhorter Named to “Best Law Firms” 2021 List by U.S. News and Best Lawyers

U.S. News and Best Lawyers has named Smith Pachter McWhorter PLC to its 2021 edition of Best Lawyers® “Best Law Firms” list. Achieving a national ranking signals an exceptional combination of quality legal work and breadth of knowledge in a particular practice area.  

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Jonathan Keller Joins Smith Pachter McWhorter as Associate Attorney

Smith Pachter McWhorter PLC is pleased to announce that Jonathan K. Keller has joined the firm as an associate attorney focusing his practice on government contracts, construction, and white collar defense and government investigation.

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Caught Between Tort and Contract: Gaps in the Economic Loss Doctrine

In the American Bar Association Forum on the Construction Industry 2 X 4 X10 Fall 2020 Newsletter article, Caught Between Tort and Contract: Gaps in the Economic Loss Doctrine, Smith Pachter McWhorter attorneys Kathryn T. Muldoon Griffin, Jacob B. Bolinger and Maxwell G. Terhar discuss the Economic Loss Doctrine and two recent decisions that demonstrate ongoing risks associated with evolving applications of the ELD in different jurisdictions. 

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Jessica L. Nejberger Joins Smith Pachter McWhorter as Associate Attorney

Smith Pachter McWhorter PLC is pleased to announce that Jessica L. Nejberger has joined the firm as an associate attorney, focusing her practice on government contracts, construction and white collar law. 

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ENR Publishes Article on Construction Project Delays in Law & Risk Management Today

ENR recently published the article “Project Delay…What’s Next?” by Smith Pachter McWhorter attorneys Kathryn Muldoon Griffin and Jacob Bolinger in the ENR Law & Risk Management Today II August/September 2020 issue, discussing project delays and importance of reviewing contract provisions in construction contracts to mitigate project risks.

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ENR Interviews Brian Vella in Voices of Construction Law Roundtable in August/September 2020 Issue

ENR interviews Smith Pachter McWhorter Member Brian J. Vella in “Voices of Construction Law Roundtable,” in the ENR Law & Risk Management Today II August 31/September 7, 2020 issue, as leading authorities on contracts and dispute-resolution talk trends, challenges and advice moving forward in today’s current climate.

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Design-Builder Awarded Delay Damages for Improper Government Interference in Design Process

Design-build contracts, in which the contractor is responsible for both design and construction of a project, are abundant in today’s construction industry, including on federal government projects. RBC Construction Corp., a recent case before the Armed Service Board of Contract Appeals, sets helpful precedent for design-build contractors who find themselves subject to undue owner oversight resulting in delays. 

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Virginia Lawyer Publishes Article on Practical Guidance for Virtual Depositions Under Pandemic Conditions

Virginia Lawyer Magazine recently published an article on “Practical Guidance for Virtual Depositions Under Pandemic Conditions” by Smith Pachter McWhorter government contracts attorney Michael T. Gwinn, providing practical advice on conducting virtual depositions. 

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Smith Pachter McWhorter Attorneys Named to 2021 Best Lawyers® List

Smith Pachter McWhorter PLC is pleased to announce that seven attorneys have been selected for inclusion in The Best Lawyers in America© 2021 Edition in the areas of Arbitration, Construction Law, Construction Litigation, Mediation and White-Collar Criminal Defense. 
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Amanda DeLaPerriere Joins Smith Pachter McWhorter as Associate Attorney

Smith Pachter McWhorter PLC is pleased to announce that Amanda C. DeLaPerriere has joined the firm as an associate attorney, focusing her practice on government contracts, construction and white collar law. 

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Construction Executive Magazine Ranks Smith Pachter in The Top 50 Construction Law Firms in 2020

Construction Executive has ranked Smith Pachter McWhorter PLC in The Top 50 Construction Law Firms™ for 2020. 

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ARTBA 12th Annual Virtual Law & Regulatory Forum: Recent Developments in Construction Law

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.

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New Executive Order Seeks to Secure Nation’s Power Grid from Foreign Cyber Attacks

On May 1, 2020, President Trump signed an Executive Order (“EO”) intended to protect the nation’s power grid from foreign cyber attacks. The EO declared foreign cyber threats to the U.S. electricity grid a national emergency, and accordingly ordered action in the form of procurement and trade regulation to defend the grid against foreign attack. The EO establishes a task force to protect the power grid from attacks and share risk information and risk management practices. 

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Recent CBCA Decision Highlights Hurdles Faced by Construction Contractors Seeking Compensation for COVID-19 Impacts

A recent and curiously-timed decision from the Civilian Board of Contract Appeals ("CBCA") demonstrates the significant challenges a contractor faces when trying to recover increased costs incurred as a result of an epidemic.  This article summarizes the decision and outlines the ways a contractor may distinguish this decision from the current COVID-19 epidemic as part of its efforts to seek compensation for the project impacts of the virus.
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Chambers USA 2020 Recognizes Smith Pachter McWhorter as a Leading Law Firm

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.

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Updated COVID-19 Handbook for Government Contractors During the Coronavirus Pandemic

UPDATED COVID-19 Handbook for Government Contractors: The COVID-19 pandemic has presented unique challenges for companies performing federal government contracts. The operating landscape is constantly shifting and the communication and directives from federal agencies and state and local governments are often vague and contradictory.

In response to a flood of COVID-19 communication from federal agencies and state and local governments, including advisories, memoranda, and alerts, Smith Pachter McWhorter PLC has issued an updated handbook for government contractors covering topics in a Q&A format to address pressing issues and provide answers to inquiries our attorney response team is receiving from the industry. 

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Five Smith Pachter Attorneys Named in Who’s Who Legal Awards 2020

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.

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ENR Publishes Article on U.S. Dept. of Defense Changes for Cyberattack Certification

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.  

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Richard Smith Presents on ABA Professors' Corner: The Gap Between Construction Law Practice and Scholarship

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. 

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Webinar: Practical Guidance for Federal Contractors Navigating a COVID-19 Environment

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.

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OMB Guidance Urges Flexibility in Management of Government Contracts During Pandemic - Practical Tips for Contractors

The COVID-19 epidemic is creating uncertainties for contractors performing government contracts due to, among other things, changes in facility access, new health rules, and an evolving situation.  In apparent response to industry concerns, the Office of Management and Budget ("OMB") issued Memorandum M-20-18, “Managing Federal Contract Performance Issues Associated with the Novel Coronavirus (Covid-19)” dated March 20, 2020.  OMB states that the purpose of the memorandum is to identify steps to help ensure contractor health and safety while maintaining continued contract performance in support of agency missions consistent with precautions issued by the Centers for Disease Control and Prevention (CDC).

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Know Your Rights: Potential Impacts of COVID-19 on Construction Projects

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. 

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Smith Pachter Members Announce Publication of 4th Edition of the Virginia Construction Law Deskbook

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.

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Edmund M. Amorosi Elected as Chair of the VBA Section on Construction and Public Contracts Law

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.

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Six Smith Pachter Attorneys Named in Who’s Who Legal Awards 2019

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. 

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LEGAL DEVELOPMENTS ALERT: SBA OHA Holds Three-Year Period for Calculating Receipts Continues to Apply

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).

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LEGAL DEVELOPMENTS ALERT: DOJ Launches Procurement Collusion Strike Force (“PCSF”) to Investigate and Prosecute Antitrust Crimes in Government Contracting

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.

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LEGAL DEVELOPMENTS ALERT: DOD Releases Rule Significantly Limiting LPTA Procurements

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.  

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Richard F. Smith Named 2020 Arbitration “Lawyer of the Year” by Best Lawyers®

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.

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Val S. McWhorter Named 2020 Mediation “Lawyer of the Year” by Best Lawyers®

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.

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LEGAL DEVELOPMENTS ALERT: Temporary General License for Export to Huawei Extended, with More Restrictions Introduced

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.

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Smith Pachter Attorneys Named to 2020 Best Lawyers® List

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. 

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Elizabeth N. Jochum has Joined Smith Pachter McWhorter as a Member of its Government Contracts Group and Haris Hadzimuratovic and Jacob Bolinger Have Joined the Firm as Associate Attorneys

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. 

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LEGAL DEVELOPMENTS ALERT: U.S. Supreme Court Decision Enhances Protections for Confidential and Proprietary Information under FOIA

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."  

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LEGAL DEVELOPMENTS ALERT: U.S. Companies Caught in Limbo as Huawei and Sixty-Eight of Its Subsidiaries Were Added to the Entity List, Causing China to Retaliate

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.

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Construction Executive Magazines Ranks Smith Pachter in Top 50 Construction Law Firms in 2019

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. 

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LEGAL DEVELOPMENTS ALERT: DOJ Issues Guidance on False Claims Act Matters

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.

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Smith Pachter Attorneys Selected to 2019 Virginia Super Lawyers List

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.

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Law360 Expert Analysis: U.S. Supreme Court to Hear Case Involving FOIA Exemption for Commercial and Proprietary Information

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.

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LEGAL DEVELOPMENTS ALERT: DOD Issues Several Memos on Cybersecurity Compliance

The Department of Defense (DOD) issued four Defense Procurement and Acquisition Policy (DPAP) memoranda on cybersecurity compliance in less than three months, signaling DOD’s increased interest in validating contractor compliance with the Defense Federal Acquisition Regulation Supplement (DFARS) cybersecurity rules. Many DOD contractors are subject to the cybersecurity requirements pursuant to the contract clause at DFARS 252.204-7012, Safeguarding Covered Defense Information & Cyber Incident Reporting.

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LEGAL DEVELOPMENTS ALERT: GAO Issues Report on DCAA and DCMA Business System Audits

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. 

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Recent Decisions Bode Well For False Claims Act Defendants

In two articles, John S. Pachter and Todd M. Garland discuss recent False Claims Act trends.

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LEGAL DEVELOPMENTS ALERT: Presidential Executive Order on Strengthening Buy American Preferences for Infrastructure Projects

 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.

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Smith Pachter Attorneys Named to 2019 Best Lawyers® List

Smith Pachter McWhorter PLC is pleased to announce that six attorneys have been selected for inclusion in The Best Lawyers in America© 2019 Edition. Lawyers are selected for inclusion based on an exhaustive peer-review process.

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Chambers USA 2018 Ranks Eight Smith Pachter McWhorter Attorneys as Leaders in their Practice Areas

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.

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CLIENT ALERT: Mayberry Enterprises, LLC v. Dep't of Energy

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.  

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SPM Attorney Winner of ABA Forum on Construction Law Trial Academy Writing Competition

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.   

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NIST Releases Cybersecurity Framework Version 1.1 with Important Updates

The National Institute of Standards and Technology (“NIST”) released a new version of the Framework for Improving Critical Infrastructure Cybersecurity with important updates.

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Smith Pachter Attorneys Selected to 2018 Virginia Super Lawyers List

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.

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John Marshall Cook Inducted into the American College of Construction Lawyers

SPM congratulates John Marshall Cook on being inducted as a Fellow of the American College of Construction Lawyers.

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CLIENT ALERT: GSA Proposes Cybersecurity Rules for 2018

GSA publishes plan to implement cybersecurity regulations governing information system security and cyber incident reporting.  

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CLIENT ALERT: FY 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).

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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.

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Richard F. Richard F. Smith Named 2018 Mediation “Lawyer of the Year” by Best Lawyers®

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.

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Federal Court Overturns 15-Year Debarment Arising from Affiliate’s Alleged Misconduct  

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. 

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Dorothy Terrell Named Among Virginia’s Best Women Lawyers in a List Adapted by Virginia Living Magazine from The Best Lawyers in America 2017

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.

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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.

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Limitations on Subcontracting: Regulatory Disconnect Leaves Small Businesses in an Untenable Situation

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.

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OMB Releases Guidance Requiring Agencies to Report “Buy American” and “Hire American” Compliance by September 2017

OMB Releases Guidance Requiring Agencies to Report “Buy American” and “Hire American” Compliance by September 2017

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Smith Pachter McWhorter Hosts ACC National Capital Region Government Contractors Forum Presentation on Government Investigations

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.

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Chambers USA 2017 Ranked Smith Pachter McWhorter among the Top Tiers for Government Contracts and Construction Law

Chambers USA 2017 has ranked Smith Pachter McWhorter PLC among the Top Tiers Nationwide for Government Contracts and in Virginia for Construction law.  

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President Trump Signs Executive Order Amending “Buy American” and “Hire American” Rules Applicable To Federal Procurements

On April 18, 2017, President Trump signed an executive order amending “Buy American” and “Hire American” rules applicable to Federal procurements.

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President Trump Expected To Sign 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

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Smith Pachter Attorneys Selected to 2017 Virginia Super Lawyers List

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. 

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SPM Secures Major Victory for Bechtel National, Inc. in Virginia State Court Litigation with Parsons Government Services, Inc.

On behalf of Bechtel National, Inc., Smith Pachter McWhorter, prevailed in an $80 million dollar lawsuit brought by Parsons Government Services.

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Beyond Prototyping: 3D Printing in Government Contracts

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.

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SPM Attorneys to Speak at Jackson Lewis Government Contractor Employment Law Symposium

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.

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Board of Contract Appeals Bar Association 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.

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Muddying the Waters: Six Years of Confusion in the Wake of Maropakis

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. 

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Kickbacks Result in Forfeiture of Claim

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.

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

Smith Pachter McWhorter PLC is pleased to present the 2016 edition of its False Claims Act Practice Guide. 

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Val S. McWhorter Named 2017 “Lawyer of the Year” in Construction Law by Best Lawyers®

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.

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When Does a Company ‘Knowingly’ Violate the Anti-Kickback Act?

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.  

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A Sensible Outcome for False Claims in Universal Health Services

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.

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A Look at False Claims Act Cases Through Scalia’s Lens

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.

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Smith Pachter Attorneys Selected to 2016 Virginia Super Lawyers List

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. 

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Encouraging Signs for False Claims Act Litigation: Recent Decisions Aligned to Guide Supreme Court Review

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.

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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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Price and Cost Realism in Government Contracting Course

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.

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Challenging Negative Performance Evaluations: Confronting Hurdles at ASBCA and COFC

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.

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Richard F. Smith Named 2016 Arbitration “Lawyer of the Year” by Best Lawyers®

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.

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Client Alert: DFARS Final Rule - Network Penetration Reporting and Contracting for Cloud Services

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. 

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Smith Pachter Attorneys Named to 2016 Best Lawyers® List

Smith Pachter McWhorter PLC is pleased to announce that five attorneys have been selected for inclusion in The Best Lawyers in America© 2016 Edition. Lawyers are selected for inclusion based on an exhaustive peer-review process.

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Client Alert: FAR Acquisition-Related Thresholds Have Been Increased

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.  

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Proposed FAR Amendments Aim to Increase Small Business Opportunities

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. 

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Proposed FAR Rule: “Fair Pay and Safe Workplaces” FAR Case 2014-025, Fair Pay and Safe Workplaces

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.

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Richard Johnson and Armani Vadiee Present on “Afghan Taxes, Business Registration, and Cost Recovery – A Step-by-Step Guide” Webinar

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. 

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John S. Pachter Remarks from Federal Circuit Bar Association Government Contracting Summit Panel Topic: Implied Duty of Good Faith and Fair Dealing

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.

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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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Jonathan Shaffer named to Law 360's Government Contracts Editorial Advisory Board

Smith Pachter McWhorter member Jonathan D. Shaffer has been named to participate on Law 360's 2015 Government Contracts Editorial Advisory Board.  

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FY 2014: A Positive Year for GAO Bid Protests at Smith Pachter McWhorter PLC

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.

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Whose Burden Is It, Anyway?: Implications Of The Federal Circuit Determination That The CDA Statute Of Limitations Is Nonjurisdictional

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. 

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Smith Pachter Attorneys Named to 2015 Best Lawyers® List

Smith Pachter McWhorter PLC is pleased to announce that four attorneys have been selected for inclusion in The Best Lawyers in America© 2015 Edition. Lawyers are selected for inclusion based on an exhaustive peer-review process.

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WMACCA Government Contractors Forum: Independent Monitors - How To Avoid Them and How To Live With Them

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.

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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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An Arbitration Clause Will Survive Expiration of a Contract Even if the Arbitration Agreement is Not Listed in the Survival Clause

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). 

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Cost and Price Realism in Government Contracting Course Taught by Armani Vadiee

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.  

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Virginia Governor Names Val McWhorter to Virginia Port Authority Board of Commissioners

Virginia Governor Terry McAuliffe names Val McWhorter to the Virginia Port Authority Board of Commissioners.

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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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Client Alert: Government Accountability Office Issues Bid Protest Annual Report to Congress for Fiscal Year 2013

The U.S. Government Accountability Office (GAO) has issued its Bid Protest Annual Report to Congress for Fiscal Year 2013. 

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Independent Monitors: What They Do and How to Avoid the Need for Them

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."

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Smith Pachter McWhorter Announces New Partners in White Collar Practice

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.

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Stephen D. Knight to Speak at ACI’s 5th Annual Advanced Forum on DCAA Audits

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. 

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