Government Contracts Legal Forum

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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DOJ Asks Supreme Court to Resolve Split Over Its Ability to Compel Foreign Records

Posted in Cybersecurity
Paul RosenNimrod AviadChris Garcia

Can U.S. law enforcement reach data stored oversees by using a warrant under the Stored Communications Act, 18 U.S.C. § 2701, et seq.?  Until the Supreme Court decides the issue, which may happen next term, the answer is: it depends where the government applied for the warrant.

Over the last few years, U.S.-based technology companies have been increasingly resisting warrants under the Stored Communications Act for data those companies store oversees.  These warrants, they claim, represent an extraterritorial application of the law, which Congress has never permitted.

Traditionally, if the government has probable cause to believe that a person’s email account contains evidence of a crime, and a federal magistrate judge agrees, a warrant would issue directing the email service provider­ to turn over those emails to the government.  But data is increasingly stored in the “cloud.”  And, as it turns out, the “cloud” consists of server farms located all over the world.  Companies like Microsoft, Google, Amazon, Facebook, and Apple now host large quantities of data abroad, raising complicated jurisdictional questions.

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

Posted in Cybersecurity, 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 DoD’s plan to implement the 2017 NDAA, a NIST publication on cybersecurity, and relevant case law.
Listen: Crowell.com | PodBean | SoundCloud | iTunes

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

Posted in Cybersecurity, Legal Developments, Podcast
Peter J. EyreDavid B. RobbinsOlivia Lynch

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 partner Peter Eyre and counsel Olivia Lynch and includes updates on GAO reports on cybersecurity, a NASA final rule on award terms, and the federal budget.

Listen: Crowell.com | PodBean | SoundCloud | iTunes

 

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

Posted in Legal Developments
David 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 special edition is hosted by partner David Robbins and discusses news from the week of July 17, including SASC and House amendments to the NDAA for FY2018 and OMB’s FY2019 budget guidance. 

Listen: Crowell.com | PodBean | SoundCloud | iTunes

 

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

Posted in Legal Developments, Podcast
David B. RobbinsPeter J. 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. This latest edition is hosted by partners David Robbins and Peter Eyre and includes updates on Buy American Act guidance, the NDAA for fiscal year 2018, and a GAO denied protest.

Listen: Crowell.com | PodBean | SoundCloud | iTunes

 

Commitment to Training — Join Crowell & Moring for Gov Con 101

Posted in Bid Protest, Claims, Cost/Cost Accounting, Cybersecurity, Suspension & Debarment
Crowell & Moring

Crowell & Moring is hosting Government Contracts 101 in our Washington, D.C., office on Thursday, October 26, 2017.  This all-day event will last from 8:30 a.m. to 6:30 p.m. at 1001 Pennsylvania Ave, N.W., and provide an overview of the full scope of issues that government contractors face on a daily basis.  We will cover FAR, key statutes and regulations, the bid and proposal process, protests, disputes, cyber requirements, changes, claims, key compliance issues, suspension/debarment, and costs.  The course is designed for those attorneys and business personnel that may be new to government contracting and for those that may need a “refresher.” 

Training is foundational to our business, and it is a part of our Firm’s DNA.  Our founding partners regularly provided government contracts training not just for business development purposes, but also out of a sense of duty to the profession. 

Government contracting is hard.  The rules and regulations can be counter-intuitive.  And perfectly acceptable commercial business practices can be criminal violations in the government contracts setting.  Industry members deserve every opportunity to learn the rules of the road so they can thrive. 

Furthermore, in the current fiscal environment budget pressures can hit government contractors hard.  Training funds can be hard to find.  As a Chambers Band-One rated government contracts practice with more than 60 lawyers working day-in and day-out in the trenches of our industry, we feel an obligation to our profession to provide this foundational training, free of charge, to our clients and to any interested industry member who desires this knowledge.  Join us.  Come, learn, network with your peers, and enjoy a day with us. 

We hope you can join us.

Registration is available here for industry-members interested in attending.

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Government Claims on Incurred Cost Submissions

Posted in Claims, Cost/Cost Accounting
Steve McBradyDaniel Wierzba

Contractors that use a fiscal year ending 12/31 submit their annual cost submissions in June of the following year.  For 2010 incurred cost submissions (ICS) submitted in June 2011, many contractors may receive affirmative claims from the Government seeking to disallow some or all of those incurred costs, because the Government has a 6-year statute of limitations to bring such claims (i.e., June 2017).  Due to DCAA’s audit backlog, COs may receive Audit Reports right around the SOL deadline, and issue Final Decisions in order to avoid missing that deadline.  Contractors that do receive Final Decisions disallowing costs should be aware of the 90 day limit to appeal the Final Decision, whether they intend to negotiate or litigate.

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

Posted in Legal Developments, Podcast
David B. RobbinsPeter J. 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. This latest edition is hosted by partners David Robbins and Peter Eyre and includes updates on a VA annual audit report, a Security Executive Agency Directive, and a GAO report.

Listen: Crowell.com | PodBean | SoundCloud | iTunes