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Iris Bennett will serve as Chair of the Public International and Criminal Law Subcommittee for the D.C. Bar, International Law Community

Iris E. Bennett will serve as Chair of the Public International and Criminal Law Subcommittee for the District of Columbia Bar, International Law Community, for 2017-2018.  

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FCPA Disgorgement: Putting SEC To Its Burden Of Proof

FCPA Disgorgement: Putting SEC To Its Burden Of Proof.  The ability to require disgorgement of ill-gotten gains in Foreign Corrupt Practices Act cases is a powerful enforcement tool for the U.S. Securities and Exchange Commission. Disgorgement orders are a staple of the SEC’s FCPA enforcement docket, and are often in the millions or tens of millions of dollars. In 2016, for example, out of 24 SEC FCPA corporate settlements, 20 of them imposed disgorgement. Many of those disgorgement orders were for amounts of more than $10 million, and several of them were more than $100 million.

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

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 E. 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

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

Limitations on Subcontracting: Regulatory Disconnect Leaves Small Businesses in an Untenable Situation - By Zachary Prince and Kristin Tisdelle

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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/Association of Corporate Counsel, National Capital Region, Government Contractors Forum presentation on government investigations: July 12, 2017 12-2pm, at SPM Offices

Smith Pachter McWhorter/Association of Corporate Counsel, National Capital Region, Government Contractors Forum presentation on government investigations: July 12, 2017 12-2pm, at SPM Offices
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Supreme Court Limits Powerful SEC Enforcement Tool, Holding that Disgorgement is Subject to Five-Year Statute of Limitations

Supreme Court Limits Powerful SEC Enforcement Tool, Holding that Disgorgement is Subject to Five-Year Statute of Limitations

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Chambers 2017 has ranked Smith Pachter McWhorter PLC amongst the Top Tiers for Government Contracts and Construction law.

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

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SPM conducts Anti-corruption Compliance Workshops in Brazil

SPM's White Collar practice group conduct anti-corruption compliance workshops in Sao Paulo, Brazil and Rio de Janeiro, Brazil, May 23-25, 2017,

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FCPA Compliance and Enforcement Trends Annual Guide: April 2017

SPM's FCPA Compliance and Enforcement Trends Annual Guide: April 2017.

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NIST Proposes Updates to Cybersecurity Framework

NIST Proposes Updates to Cybersecurity Framework - On May 16, 2017, the National Institute of Standards and Technology (NIST) held a workshop discussing the proposed updates and feedback for version 1.1 of the federal Cybersecurity Framework – a set of industry standards and best practices developed to protect complex critical infrastructure from cybersecurity threats and infiltration.  

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Super Lawyer honors Smith Pachter McWhorter attorneys

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:

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

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

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Cost Allowability Course - April 19 and 20, 2017 at SPM

Cost Allowability - Join highly experienced faculty for this practical and informative two-day program focusing on cost allowability, allocability, and reasonableness under the Federal Acquisition Regulation.

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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 McWhorter is participating in the 2017 Legal Food Frenzy

Smith Pachter McWhorter is proud to participate in the 2017 Legal Food Frenzy, a food and fund drive sponsored by the Attorney General of Virginia, the Young Lawyers Division of The Virginia Bar Association, and the Federation of Virginia Food Banks. 

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Trump Rescinds Controversial

Trump Rescinds Controversial “Fair Pay Safe Workplaces” Regulations -

On March 27, 2017, President Donald Trump signed a Congressional Review Act resolution permanently rescinding the “Fair Pay and Safe Workplaces” regulations, dubbed the “blacklisting rule” by opponents..

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The Government Audit Process: Limitations and Considerations

The Government Audit Process: Limitations and Considerations presented by the Government Contracts Section of the Fairfax Bar Association

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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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Jonathan Shaffer named to Law360's Government Contracts Editorial Advisory Board.

SPM member Jonathan Shaffer has been named to participate on Law360's 2017 Government Contracts Editorial Advisory Board. 

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Beyond Prototyping: 3D Printing in Government Contracts

Beyond Prototyping: 3D Printing in Government Contracts - Smith Pachter McWhorter's Kelsey Wilbanks and Armani Vadiee discuss the history of 3D printing and its application and use in government contracts.

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Proposed Changes to the Bayh-Dole Act Will Alter Contractor Timelines for Protecting Patents to Subject Inventions, Other Requirements

Proposed Changes to the Bayh-Dole Act Will Alter Contractor Timelines for Protecting Patents to Subject Inventions, Other Requirements

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

Government Contractor Employment Law Symposium March 16, 2017. SPM Attorneys John Cook, Erica Geibel, Armani Vadiee, and Owen Walker and Will be Guest Speakers at Jackson Lewis Government Contractor Employment Law Symposium

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Board of Contract Appeals Bar Association, Inc. 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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Final Rule Amends Fair Pay and Safe Workplaces Regulations to Incorporate Preliminary Injunction; New Paycheck Transparency Requirements Take Effect January 1, 2017

Final Rule Amends Fair Pay and Safe Workplaces Regulations to Incorporate Preliminary Injunction; New Paycheck Transparency Requirements Take Effect January 1, 2017
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New Final Rule Requires Compliance of Contractors Handling “Controlled Unclassified Information.”

New Final Rule Requires Compliance of Contractors Handling “Controlled Unclassified Information.”

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DFARS Update Provides Contractor Compliance Extension to December 31, 2017, but Reporting Obligations Persist Until Then.

DFARS Update Provides Contractor Compliance Extension to December 31, 2017, but Reporting Obligations Persist Until Then.

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New FAR Final Rule Requires Compliance of Contractors Handling “Federal Contract Information.”

New FAR Final Rule Requires Compliance of Contractors Handling “Federal Contract Information.”

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Texas judge issues preliminary injunction on implementation of “Fair Pay and Safe Workplaces” Regulations

Texas judge issues preliminary injunction on implementation of “Fair Pay and Safe Workplaces” Regulations. 

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Government Contractors Forum: Safe Passage or Stormy Seas - Managing Risk in Prime-Subcontract Disputes Involving Pass-Through Claims

Government Contractors Forum: Safe Passage or Stormy Seas - Managing Risk in Prime-Subcontract Disputes Involving Pass-Through Claims

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

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. 

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Kickbacks Result in Forfeiture of Claim

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.

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Texas Lawsuit Challenges Constitutionality of “Fair Pay and Safe Workplaces” Regulations - By Kristin Tisdelle

Texas Lawsuit Challenges Constitutionality of “Fair Pay and Safe Workplaces” Regulations. 

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

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

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Iris E. Bennett, panellist on the Foreign Corrupt Practices Act at the 2016 Women, Influence & Power in Law conference, held in Washington, D.C.

Iris E. Bennett, panellist on the Foreign Corrupt Practices Act at the 2016 Women, Influence & Power in Law conference, held in Washington, D.C.

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

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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DOD Issues Guidance Memorandum Regarding Commercial Item Determinations and the Determination of Price Reasonableness for Commercial Items

DOD Issues Guidance Memorandum Regarding Commercial Item Determinations and the Determination of Price Reasonableness for Commercial Items
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Smith Pachter McWhorter's FCPA Compliance and Enforcement Trends Annual Guide: April 2016

Smith Pachter McWhorter's FCPA Compliance and Enforcement Trends Annual Guide: April 2016


       

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Course: Price and Cost Realism in Government Contracting

Course: Price and Cost Realism in Government Contracting - Instructors Armani Vadiee of Smith Pachter McWhorter and Robert Craig of BDO.

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A Sensible Outcome for False Claims in Universal Health Services

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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FAR Final Rule on Cybersecurity Safeguarding Requirements

FAR Cybersecurity Final Rule - On May 16, 2016 DoD, GSA, and NASA issued a long anticipated Final Rule on cybersecurity, by adding a new subpart 4.19 and contract clause 52.204-21, "Basic Safegaurding of Covered Contractor Information Systems".

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Gregory A. Smith to teach Seminar in Federal Government Contracts law at UVA.

Gregory A. Smith was recently appointed to be a Lecturer, and adjunct member of the faculty at UVA.

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

A Look at False Claims Act Cases Through Scalia’s Lens. Smith Pachter McWhorter's John S. Pachter and Todd M. Garland discuss: A Look at False Claims Act Cases Through Scalia’s Lens

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How Should The CDA Limitations Period Apply To Government Indirect Cost Claims? - Alion Science & Technology Corp., ASBCA No. 58992 (Nov. 10, 2015)

How Should The CDA Limitations Period Apply To Government Indirect Cost Claims? - Alion Science & Technology Corp., ASBCA No. 58992 (Nov. 10, 2015)

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SPM Presentation - Top 10 Things You Should Know About Government Contracts

SPM Presentation - Top 10 Things You Should Know About Government Contracts. The federal government is unlike any other customer that a company can have.  Not only must contracts with the federal government contain specific clauses promulgated as regulations, but those clauses provide the federal government with rights that would be labeled “breach” in commercial contracts.

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SPM Presentation: Forming Government Contracts: Understanding the Players and the Process

SPM Presentation - Forming Government Contracts: Understanding the Players and the Process. Smith Pachter McWhorter's Jonathan D. Shaffer presents this new class which focuses on the statutes and regulations governing the government’s ability to contract; the authority of the contracting officer; the IFB (invitation for bid) and RFP (request for proposal) process; organizational conflicts of interest; role of bid protests; and responsibilities of the contractor. 

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

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

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

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

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Cost Impact Calculations: A Significant Raytheon Decision In The ASBCA

Cost Impact Calculations: A Significant Raytheon Decision In The ASBCA

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PRICE AND COST REALISM IN GOVERNMENT CONTRACTING

Price and Cost Realism in Government Contracting - December 8-9, 2015, Denver, CO. 

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Challenging Negative Performance Evaluations: Confronting Hurdles at ASBCA and COFC

Challenging Negative Performance Evaluations: Confronting Hurdles at ASBCA and COFC

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The ASBCA’s Raytheon Decision: Expressly Unallowable Cost, Directly Associated Cost, and Performance Restricted Stock

The ASBCA’s Raytheon Decision: Expressly Unallowable Cost, Directly AssociatedCost, and Performance Restricted Stock

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Client Alert: New DoD DCMA Instructions on Counterfeit Part Mitigation Procedure

Client Alert: New DoD DCMA Instructions on Counterfeit Part Mitigation Procedure 

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

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

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Client Alert: FAR acquisition-related thresholds have been increased.

Client Alert: FAR acquisition-related thresholds have been increased as of July 2, 2015.

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Government Contractors Forum: Contracting With State and Local Governments - Navigating the Patchwork Quilt of Rules and Regulations

Government Contractors Forum: Contracting With State and Local Governments - Navigating the Patchwork Quilt of Rules and Regulations

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Proposed FAR Amendments Aim to Increase Small Business Opportunities

Proposed FAR Amendments Aim to Increase Small Business Opportunities

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

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

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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.

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. 

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

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

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After Metcalf Construction: Putting the Winstar Genie Back in the Bottle

After Metcalf Construction: Putting the Winstar Genie Back in the Bottle - By John S. Pachter 

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

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

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

FY 2014: A Positive Year for GAO Bid Protests at 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

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

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Federal Circuit Affirms Aircraft Contractor's Compliance With Cost Accounting Standard Sikorsky Aircraft Corp. v. United States, Fed. Cir., No. 2013-5096, -5099

Federal Circuit Affirms Aircraft Contractor's Compliance With Cost Accounting Standard Sikorsky Aircraft Corp. v. United States, Fed. Cir., No. 2013-5096, -5099, 12/10/14 - John S. Pachter interviewed by BNA for comment. 

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Cost Accounting Standards Course - By Gregory A. Smith

Gregory A. Smith co-teaches course on Cost Accounting Standards at the Executive Conference & Training Center in Sterling, VA on August 13, 2014.  More info here

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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.

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.

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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.

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

 

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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

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

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Attorney-Client Privilege Applies to Corporate Internal Investigations - Case Note: In re Kellogg Brown & Root Inc., D.C. Cir., No. 14-5055, 6/27/14

Attorney-Client Privilege Applies to Corporate Internal Investigations 

By John S. Pachter

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Cost and Price Realism Course Taught by Armani Vadiee

Armani Vadiee will co-teach a course on Cost & Price Realism in government contracting on June 19-20 in Washington, DC and on December 2-3 in Las Vegas, NV.  For more information please click here.

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Department of Justice FCPA Opinion Procedure Release 14-01 Addresses Business Transactions between Companies and Government Officials

Client Advisory: Department of Justice FCPA Opinion Procedure Release 14-01 Addresses Business Transactions between Companies and Government Officials 

By: Alana S. Tokayer

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

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

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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.

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 the U.S. Supreme Court on behalf of the 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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The Government Accountability Office issues Bid Protest Annual Report to Congress for Fiscal Year 2013

The Government Accountability Office 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

Independent Monitors: What They Do and How to Avoid the Need for Them - By John S. Pachter 

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Smith Pachter McWhorter Announces New Partners in White Collar Practice

Smith Pachter McWhorter Announces New Partners in White Collar Practice - Joseph P. Covington has joined the firm as a partner... 

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2 KBR Cases Illuminate Kickback Risks For Contractors

2 Recent KBR Cases Illuminate Kickback Risks For Contractors - By John S. Pachter

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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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Case Note: ASBCA Rejects Government's Four Damages Theories In Recent Defective Pricing Case. By Stephen D. Knight.

Case Note: ASBCA Rejects Government's Four Damages Theories In Recent Defective Pricing Case. By Stephen D. Knight. 

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Smith Pachter McWhorter Will Host a WMACCA Government Contractors Forum Presentation: Executives in DCAA Crosshairs - New Limits on Executive Compensation - September 18, 2013

WMACCA Government Contractors Forum Presentation: Executives in DCAA Crosshairs - New Limits on Executive Compensation - September 18, 2013

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Differing Site Condition Claims: What Is Below the Surface of Exculpatory Clauses or Other Disclaimers?

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.

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Best Lawyers in America 2013 Edition Recognizes Firm's Expertise in Construction Law and Litigation, Arbitration and Mediation

Best Lawyers in America 2013 Edition Recognizes Smith Pachter McWhorter Attorneys for Expertise in Construction Law and Litigation, Arbitration and Mediation

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ABA Section of Public Contract Law 2013 Annual Meeting

The American Bar Associations's Section of Public Contract Law 2013 Annual Meeting wil be held in San Francisco, CA, August 9-12.   

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Fifth Circuit Holds Contractors Subject to Vicarious Liability for Employees Engaged in Kickbacks

Fifth Circuit Holds Contractors Subject to Vicarious Liability for Employees Engaged in Kickbacks - By John S. Pachter 

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Chambers 2013 Ranks Smith Pachter McWhorter and its Members among the top Construction and Government Contract Firms

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.

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Stephen D. Knight will be speaking at the U.S. Defence Contracting and FAR Compliance in Europe Conference in London, sponsored by ACI, June 25-28.

Stephen D. Knight will be speaking at the U.S. Defence Contracting and FAR Compliance in Europe Conference in London, sponsored by ACI, June 25-28.

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Case Note: Space Gateway Support, LLC, ASBCA No. 55608, January 29, 2013 by Richard C. Johnson and Richard H. Snyder.

Case Note: Space Gateway Support, LLC, ASBCA No. 55608, January 29, 2013 by Richard C. Johnson and Richard H. Snyder.

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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

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

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Smith Pachter McWhorter Attorneys Recognized By Super Lawyers for 2013

Super Lawyers 2013 honors Smith Pachter McWhorter PLC attorneys for their achievements and expertise in their areas of practice

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Armani Vadiee will Co-teach A Course on Price And Cost Realism In Government Contracting, June 13-14, 2013 Waterview Conference Center at CEB Arlington, VA

Armani Vadiee will co-teach a course entitled Price And Cost Realism In Government Contracting, June 13-14, 2013 at the Waterview Conference Center at CEB in Arlington, VA.

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The Winter 2013 Issue of The Procurement Lawyer Features a Q&A with John S. Pachter

John S. Pachter Featured in The Procurement Lawyer.  The Winter 2013 issue of the Procurement Lawyer published by the ABA Section of Public Contract Law features a question and answer discussion with John S. Pachter, first recipient of the Allan J. Joseph Award.  The award  recognizes “exceptional effort and accomplishments” as well as “extraordinary contributions” to the Section of Public Contract Law.  John offers his reflections on activities and personalities of the Section of Public Contract Law during the past 46 years.  The full article is available here.   

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Richard F. Smith and Brian J. Vella will Present at the Upcoming Virginia Chapter of the Architectural Woodwork Institute Meeting

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

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GAO Report on Significant Bid Protests and Statistics for Fiscal Year 2012

The Government Accountability Office issues report discussing bid protest statistics for fiscal years 2008-2012 and highlighting the significant decsions from 2012.  The full report can be found here.

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Establishing The Record In Court Of Federal Claims Bid Protests

Establishing The Record In Court Of Federal Claims Bid Protests - Jonathan D. Shaffer, Mary Pat Buckenmeyer, and Zachary D. Prince have published a new Briefing Papers article about the importance of the composition of the administrative record in the resolution of a bid protest before the U.S. Court of Federal Claims.  The full article is available here.

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Edmund M. Amorosi Appointed to the Council of the Virginia Bar Association’s Section on Construction and Public Contracts Law

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.

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Developments in Arbitration Law - Edmund M. Amorosi Presents at the Virginia Bar Association’s 123rd Winter Meeting

Developments in Arbitration Law Presented by Edmund M. Amorosi at the Virginia Bar Association’s 123rd Winter Meeting.

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Metron, Inc.: A Primer for Proving Compensation Cost Reasonableness

Metron, Inc.: A Primer for Proving Compensation Cost Reasonableness. Smith Pachter McWhorter member Stephen D. Knight and associate Kathryn T. Muldoon have published an article in Bloomberg Federal Contracts Report regarding a case in which they successfully argued before the Armed Services Board of Contract Appeals (ASBCA) regarding executive compensation review practices employed by the Defense Contract Audit Agency (DCAA). The ASBCA sustained the appeal filed by Mr. Knight and Ms. Muldoon and overruled the government's determination that the client's executive compensation was not reasonable.  The full article is available here.

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GAO issues Bid Protest Statistics for Fiscal Years 2008-2012

The Comptroller General issues annual report to Congress discussing Bid Protest Statistics for Fiscal Years 2008-2012 and instance in which a federal agency did not fully implement a recommendation made by GAO in connection with a bid protest.  The full report can be found here.

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Terminations for Convenience Following the Economic Downturn

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

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Smith Pachter McWhorter attorneys once again listed in Who’s Who Legal 2012

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

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Running Out of Time: Rapidly Developing Case Law on the CDA Six-Year Statute of Limitations on Contractor and Government Claims

Running Out of Time: Rapidly Developing Case Law on the CDA Six-Year Statute of Limitations on Contractor and Government Claims. Smith Pachter McWhorter member Richard C. Johnson and associate Ashley N. Amen have publish an article in the Bloomberg Federal Contracts Report regarding the  rapidly developing case law on the CDA six-year statute of limitations on contractor and Government claims.  The full text of the article is available here.
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John S. Pachter Honored by the ABA Section of Public Contract Law as First Recipient of the Allan J. Joseph Excellence in Leadership Award

Smith Pachter McWhorter founding member John S. Pachter was honored by the American Bar Association Section of Public Contract Law at the ABA Annual Meeting in Chicago as the first recipient of the Section’s Allan J. Joseph Award for Excellence in Leadership.

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