BLOG TITLE GOES HERE http://www.YOURWEBSITE.com/blog.php recent posts en-us Mon, 23 Sep 2019 13:20:47 -0500 SPM Attorneys to Present a CLE on a Recent Supreme Court Decision Involving the Freedom of Information Act, Food Marketing Institute v. Argus Leader Media http://www.YOURWEBSITE.com/post-detail.php?id=37127 On October 1, 2019, Thompson Reuters’ West LegalEd Center will broadcast a webinar featuring Smith Pachter McWhorter attorneys Edmund M. Amorosi and Daniel H. Ramish in which they will discuss an important Supreme Court decision affecting government contractors

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2019-09-23 08:21:13 http://www.YOURWEBSITE.com/post-detail.php?id=37127
Article Focuses on Suspension and Debarment Rules in Virginia Public Procurement http://www.YOURWEBSITE.com/post-detail.php?id=37107 The Virginia Bar Journal recently published an article on suspension and debarment in Virginia public procurement by Smith Pachter McWhorter attorneys Edmund M. Amorosi and Daniel H. Ramish.

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2019-09-18 08:59:25 http://www.YOURWEBSITE.com/post-detail.php?id=37107
Course on Government Contract Claims http://www.YOURWEBSITE.com/post-detail.php?id=37038 2019-09-04 09:47:46 http://www.YOURWEBSITE.com/post-detail.php?id=37038 Legal Developments Alert: Temporary General License for Export to Huawei Extended, with More Restrictions Introduced http://www.YOURWEBSITE.com/post-detail.php?id=37017 2019-08-28 10:48:54 http://www.YOURWEBSITE.com/post-detail.php?id=37017 Government Contracting Small Business Trends: Business Issues, Protests and Appeals http://www.YOURWEBSITE.com/post-detail.php?id=36890 2019-08-08 12:37:30 http://www.YOURWEBSITE.com/post-detail.php?id=36890 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. http://www.YOURWEBSITE.com/post-detail.php?id=36728 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 PLC is also pleased to announce the addition of two associate attorneys.

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2019-07-16 09:36:43 http://www.YOURWEBSITE.com/post-detail.php?id=36728
Chambers USA: America's Leading Lawyers for Business recognizes 7 Smith Pachter McWhorter PLC lawyers and lists practice area groups as leaders in their field in its 2019 edition. http://www.YOURWEBSITE.com/post-detail.php?id=36721 Chambers USA: America's Leading Lawyers for Business recognizes 7 Smith Pachter McWhorter PLC lawyers and lists practice area groups as leaders in their field in its 2019 edition.

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2019-07-11 10:22:26 http://www.YOURWEBSITE.com/post-detail.php?id=36721
Legal Developments Alert: U.S. Supreme Court Decision Enhances Protections for Confidential and Proprietary Information under FOIA http://www.YOURWEBSITE.com/post-detail.php?id=36668 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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2019-07-03 09:44:50 http://www.YOURWEBSITE.com/post-detail.php?id=36668
Iris Bennett Speaking at NACDL 2019 West Coast White Collar Conference http://www.YOURWEBSITE.com/post-detail.php?id=36546 2019-06-14 09:59:42 http://www.YOURWEBSITE.com/post-detail.php?id=36546 The National Contract Management Association (NCMA) DC Chapter recently named Smith Pachter McWhorter attorney Dan Ramish first place winner of its 2019 Outstanding Academic Achievement Award (OAAA). http://www.YOURWEBSITE.com/post-detail.php?id=36531 2019-06-12 10:31:18 http://www.YOURWEBSITE.com/post-detail.php?id=36531 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 http://www.YOURWEBSITE.com/post-detail.php?id=36514 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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2019-06-10 14:12:39 http://www.YOURWEBSITE.com/post-detail.php?id=36514
Legal Developments Alert: White House Announces Tariffs on All Imports from Mexico http://www.YOURWEBSITE.com/post-detail.php?id=36502 On May 30, 2019, President Trump announced that “the United States will impose a 5% Tariff on all goods…from Mexico...” Certain FAR clauses permit price adjustments for new duties imposed after award (e.g., FAR 52.229-3) or if specified contingencies occur (see FAR 16.203-1(a)).  

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2019-06-07 12:33:36 http://www.YOURWEBSITE.com/post-detail.php?id=36502
LEGAL DEVELOPMENTS ALERT: DCAA Issues Revised Audit Guidance on Expressly Unallowable Costs http://www.YOURWEBSITE.com/post-detail.php?id=36445 On May 14, 2019, the Defense Contract Audit Agency (DCAA) issued Memorandum for Regional Directors (MRD) No. 19-PAC-002(R), revising DCAA’s “guidance” on identifying expressly unallowable costs.  The revised guidance attempts to correct MRD Nos. 14-PAC-021(R) and 14-PAC-022(R) – MRDs that were inherently flawed as highlighted by recent Armed Services Board of Contract Appeals (ASBCA) decisions.  The MRD includes an updated listing of Federal Acquisition Regulation (FAR) 31 and Defense Federal Acquisition Regulation Supplement (DFARS) 231 cost principles that DCAA continues to assert, incorrectly in many instances, meet the definition of expressly unallowable costs that are subject to penalties.  Contractors should review DCAA’s updated list, as the release of the revised MRD may indicate that DCAA intends to refocus its audit efforts in the penalties arena.

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2019-06-03 08:32:01 http://www.YOURWEBSITE.com/post-detail.php?id=36445
LEGAL DEVELOPMENTS ALERT: Supreme Court Addresses False Claims Act Statute of Limitations http://www.YOURWEBSITE.com/post-detail.php?id=36326 The U.S. Supreme Court issued a unanimous decision in Cochise Consultancy, Inc., et al. v. United States ex rel. Hunt, addressing conflicting decisions on the False Claims Act statute of limitations and expanding the time allowed for private party relators to file whistleblower lawsuits.  The decision increases the risk that government contractors may be subject to qui tam claims brought as many as ten years after the alleged violation, including by relators who may have chosen not to act on their own knowledge, provided that the relator can prove that government agent had or should have had knowledge of the alleged false claim.

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2019-05-15 13:35:49 http://www.YOURWEBSITE.com/post-detail.php?id=36326
Vincent Li has joined Smith Pachter McWhorter’s White Collar Practice Group http://www.YOURWEBSITE.com/post-detail.php?id=36318 NEW ATTORNEY ANNOUNCMENT: Vincent Li has joined Smith Pachter McWhorter’s White Collar Practice Group

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2019-05-14 12:37:40 http://www.YOURWEBSITE.com/post-detail.php?id=36318
LEGAL DEVELOPMENTS ALERT: DOJ Issues Guidance on False Claims Act Matters http://www.YOURWEBSITE.com/post-detail.php?id=36316 2019-05-14 10:20:12 http://www.YOURWEBSITE.com/post-detail.php?id=36316 Event: NCMA DC Special Programs: Price/Cost Realism in Federal Procurement http://www.YOURWEBSITE.com/post-detail.php?id=36313 SPM EVENT: On Tuesday, May 28, 2019 SPM Member Armani Vadiee and Todd M. Garland will present at the National Contract Management Association, Washington DC chapter event regarding price/cost realism evaluations and preparing successful proposals.

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2019-05-13 13:34:51 http://www.YOURWEBSITE.com/post-detail.php?id=36313
LEGAL DEVELOPMENTS ALERT: John S. Pachter and Todd M. Garland Submit Amici Curiae Brief to Armed Services Board of Contract Appeals on Behalf of Professional Services Council and National Defense Industrial Association http://www.YOURWEBSITE.com/post-detail.php?id=36164 2019-04-22 09:39:42 http://www.YOURWEBSITE.com/post-detail.php?id=36164 LEGAL DEVELOPMENTS ALERT: OFCCP Announces 2019 Contractor Compliance Audits http://www.YOURWEBSITE.com/post-detail.php?id=36128 LEGAL DEVELOPMENTS ALERT: OFCCP Announces 2019 Contractor Compliance Audits

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2019-04-16 06:44:02 http://www.YOURWEBSITE.com/post-detail.php?id=36128
LEGAL DEVELOPMENTS ALERT: U.S. Supreme Court to Hear Case Involving FOIA Exemption for Commercial and Proprietary Information http://www.YOURWEBSITE.com/post-detail.php?id=36108 2019-04-12 10:19:30 http://www.YOURWEBSITE.com/post-detail.php?id=36108 LEGAL DEVELOPMENTS ALERT: U.S. Attorney Jessie Liu Appointed Chairwoman of the Attorney General's Advisory Committee http://www.YOURWEBSITE.com/post-detail.php?id=36004 2019-03-29 13:33:32 http://www.YOURWEBSITE.com/post-detail.php?id=36004 Smith Pachter McWhorter Attorney Receives ABA Public Contract Law Journal Writing Award http://www.YOURWEBSITE.com/post-detail.php?id=35984 2019-03-27 09:00:00 http://www.YOURWEBSITE.com/post-detail.php?id=35984 LEGAL DEVELOPMENTS ALERT: Assistant Attorney General Brian A. Benczkowski Promotes Transparency with the Business Community http://www.YOURWEBSITE.com/post-detail.php?id=35945 LEGAL DEVELOPMENTS ALERT: Assistant Attorney General Brian A. Benczkowski Promotes Transparency with the Business Community

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2019-03-21 14:50:45 http://www.YOURWEBSITE.com/post-detail.php?id=35945
Government Contracting Small Business Trends: Business Issues, Protests and Appeals http://www.YOURWEBSITE.com/post-detail.php?id=35944 2019-03-21 13:47:24 http://www.YOURWEBSITE.com/post-detail.php?id=35944 LEGAL DEVELOPMENTS ALERT: DOD Issues Several Memos on Cybersecurity Compliance http://www.YOURWEBSITE.com/post-detail.php?id=35745 2019-03-04 09:13:14 http://www.YOURWEBSITE.com/post-detail.php?id=35745