Government Contracts Legal Forum

Contractors: Getting Their Due – Part of Crowell & Moring’s 2018 Litigation Forecast

Posted in Legal Developments
Crowell & Moring

Crowell & Moring has issued its “Litigation Forecast 2018: What Corporate Counsel Need to Know for the Coming Year.”

The government contracts section of the Forecast, “Contractors: Getting Their Due,” focuses on how more companies are disputing federal payments in court as a result of the increased competition for government contracts. The article notes that corporate legal departments are viewing recovery claims as a method for recouping funds owed to them and ultimately moving from a cost-and-compliance center to potentially becoming a revenue center.

The Forecast explores the important litigation trends and challenges that businesses may face in 2018, and it features an in-depth look at how data-driven innovation is driving new opportunities and risks for clients across industries.

Be sure to follow the conversation on Twitter with #LitigationForecast.

DOJ Reports $3.7 Billion in FY 2017 False Claims Act Recoveries

Posted in False Claims
Mana Elihu LombardoBrian Tully McLaughlinLaura CordovaJason M. Crawford

On December 21, 2017, the Department of Justice announced that it recovered more than $3.7 billion in settlements and judgments from civil False Claims Act (FCA) cases in Fiscal Year 2017. The FY 2017 figures reflect the government’s continued trend of annually amassing multi-billion dollar recoveries under the FCA.  This recovery is the fourth largest total in thirty years, and the eighth consecutive year that recoveries have exceeded $3 billion.

At the industry level, DOJ reported $2.47 billion in recoveries from the health care sector, and $220 million from defense companies.  The largest health care industry recoveries in FY 2017 came from the drug and medical device industry.  In the procurement fraud arena, the bulk of the recovery came from two large settlements, one involving charges to the Department of Defense and the other involving charges to the Department of Energy.  The government collected approximately $1 billion from the remaining industries, including national security, food safety and inspection, federally insured loans and mortgages, highway funds, small business contracts, agricultural subsidies, disaster assistance, and import tariffs.

The change in presidential administration appears to have had little effect on FCA activity.  DOJ continued its pursuit of individual owners and executives of private corporations under the FCA.  It entered into numerous settlements wherein individuals agreed to joint and several liability with their company.  DOJ also obtained over $60 million in FCA settlements and judgments with individuals that did not involve joint and several liability with the corporate entity.  Also, the number of new FCA actions in FY 2017 remained high with relators bringing 674 new qui tam matters and DOJ initiating 125 matters on its own.  Of the $3.7 billion recovery, $3.4 billion related to suits initiated by whistleblowers, and over $3 billion of that came from suits where the government either intervened or otherwise pursued the matter.  These numbers are consistent with the prior five years and suggest that the FCA will remain an active area for investigations and litigation in 2018.

NIST Gives Contractors Extra Time to Comment on Proposed Assessment Guide for NIST SP 800-171

Posted in Cybersecurity, Legal Developments
Kate M. Growley

As defense contractors continue to push towards their end-of-year implementation deadline for NIST SP 800-171 under DFARS 252.204-7012, the National Institute of Standards & Technology (NIST) has given the contracting community some extra time to respond to a draft publication that outlines how they and their customers alike can assess compliance with the security standard.  Initially published on November 28, NIST SP 800-171A, Assessing Security Requirements for Controlled Unclassified Information, is now open for comment until January 15, 2018 – several weeks longer than the initial deadline of December 27. 

 

Fastest 5 Minutes, The Podcast Gov’t Contractors Can’t Do Without

Posted in Cybersecurity, Legal Developments, Podcast
David B. RobbinsPeter J. Eyre

We are still accepting questions for Ask Us Anything! Have questions you’d like answered anonymously? Want our thoughts in general on a particular topic? Send in questions and we’ll do our best to feature them in a future podcast. Email your questions to David at drobbins@crowell.com. Disclaimer: we cannot give legal advice unless and until we have an engagement letter in place.

This week’s episode covers the GAO’s bid protest annual report, a cybersecurity policy from the White House, army modernization efforts, and other updates, and is hosted by partners David Robbins and Peter Eyre. Crowell & Moring’s “Fastest 5 Minutes” is a biweekly podcast that provides a brief summary of significant government contracts legal and regulatory developments that no government contracts lawyer or executive should be without.

ListenCrowell.com | PodBean | SoundCloud | iTunes 

Fastest 5 Minutes, The Podcast Gov’t Contractors Can’t Do Without

Posted in Bid Protest, Legal Developments, Podcast
David B. RobbinsPeter J. Eyre

Announcing a new podcast feature – Ask Us Anything! Have questions you’d like answered anonymously? Want our thoughts in general on a particular topic? Send in questions and we’ll do our best to feature them in a future podcast. Email your questions to David at drobbins@crowell.com. Disclaimer: we cannot give legal advice unless and until we have an engagement letter in place.

This week’s episode covers a report from DIUx, bid protests, qui tam policy development, and other updates, and is hosted by partners David Robbins and Peter Eyre. Crowell & Moring’s “Fastest 5 Minutes” is a biweekly podcast that provides a brief summary of significant government contracts legal and regulatory developments that no government contracts lawyer or executive should be without.

ListenCrowell.com | PodBean | SoundCloud | iTunes 

 

Fastest 5 Minutes, The Podcast Gov’t Contractors Can’t Do Without

Posted in Podcast
David B. RobbinsMark Ries

This week’s episode covers army modernization, whistleblower reprisal, sentencing in procurement fraud cases, and other updates, and is hosted by partner David Robbins and senior counsel Mark Ries. Crowell & Moring’s “Fastest 5 Minutes” is a biweekly podcast that provides a brief summary of significant government contracts legal and regulatory developments that no government contracts lawyer or executive should be without.

ListenCrowell.com | PodBean | SoundCloud | iTunes 

 

Fastest 5 Minutes, The Podcast Gov’t Contractors Can’t Do Without

Posted in Legal Developments, Podcast
Peter J. EyreDavid B. Robbins

Crowell & Moring’s “Fastest 5 Minutes” is a biweekly podcast that provides a brief summary of significant government contracts legal and regulatory developments that no government contracts lawyer or executive should be without. This latest edition is hosted by partners Peter Eyre and David Robbins and includes updates on CFIUS, DSS, DFARS safeguarding, and NAICS. 

ListenCrowell.com | PodBean | SoundCloud | iTunes 

Fastest 5 Minutes, The Podcast Gov’t Contractors Can’t Do Without

Posted in Legal Developments, Podcast
Peter J. EyreDavid B. Robbins

Crowell & Moring’s “Fastest 5 Minutes” is a biweekly podcast that provides a brief summary of significant government contracts legal and regulatory developments that no government contracts lawyer or executive should be without. This latest edition is hosted by partners Peter Eyre and David Robbins and includes updates on NDAA FY 2018 provisions, GAO rulings, and the Semiannual Regulatory Agenda posted by DoD, NASA, and the GSA.

ListenCrowell.com | PodBean | SoundCloud | iTunes 

Fastest 5 Minutes, The Podcast Gov’t Contractors Can’t Do Without

Posted in Legal Developments, Podcast
Peter J. EyreDavid B. Robbins

Crowell & Moring’s “Fastest 5 Minutes” is a biweekly podcast that provides a brief summary of significant government contracts legal and regulatory developments that no government contracts lawyer or executive should be without. This latest edition is hosted by partners Peter Eyre and David Robbins and includes updates on the U.S. Cyber Command, a recent Treasury audit focusing on FISMA matters, and an OMB memo halting proposed changes to the EEO-1 form.

Listen: Crowell.com | PodBean | SoundCloud | iTunes 

 

Risks Posed by Third Party Vendors Increasingly a Challenge for Businesses

Posted in Cybersecurity
Paul Rosen

This week it was reported that Indian police arrested four people accused of leaking a pre-release episode of the blockbuster HBO show, “Game of Thrones.”  The leak is supposedly the result of employees from a Mumbai-based company that stores and processes the series for the Indian streaming website Hotstar.

These arrests—which appear unrelated to the recent and well-publicized corporate hack of HBO—underscore the challenges that businesses operating around the world face in safeguarding their intellectual property in the supply chain.  Many corporations rely on third party vendors to deliver their business services and products—in this instance television content—around the world.  Yet, the security capabilities of these vendors varies widely, which is why companies can and should take key steps to protect their sensitive information as they share it with these third parties.

The two primary threats that third party vendors pose to companies are: (1) ensuring strong cybersecurity protections to mitigate the chance of a damaging hack; and (2) minimizing the chance of theft of sensitive business information by insiders with access.  To address these concerns, companies should consider the following.

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