Current political priorities in Congress will continue to push many industries under the microscope of Congressional investigations, including universities, tech companies, entities that receive federal funds, and energy-sector companies. When the chambers of Congress and the executive branch are controlled by the same party, Congressional oversight of the executive branch is less intense and instead public and private sector, state, and local entities are more likely to find themselves in the crosshairs. If a chamber of Congress changes hands in the midterm elections, the focus of the oversight may shift to reflect the policy priorities of the moment and include more executive branch oversight, but even the executive branch is often contending with requests for information that may implicate their dealings with third parties; for example, there is a risk that agency oversight triggers requests for privileged material belonging to a government contractor or grantee. The topics and industries of highest interest may play musical chairs, but entities across sectors would do well to incorporate a few best practices that will mitigate their risk should they end up in the hot seat, either directly or through a government partner.Continue Reading Protecting Information in Congressional Investigations: The Attorney-Client Privilege and Work-Product Privilege
David H. Favre
David’s practice focuses on government contracts and white collar matters, including investigations and bid protests. He draws on his prior service at the U.S. Court of Federal Claims to help counsel government contractors on a range of issues.
David advises clients on government investigations and bid protests before the Government Accountability Office and the U.S. Court of Federal Claims. With the challenge of meeting accelerated timelines and complex bid protest requirements, his prior government experience adds value to the strategies he recommends to clients.
Before joining the firm, David clerked for the Honorable Richard A. Hertling on the U.S. Court of Federal Claims.
While at Georgetown University Law Center, David represented juveniles in delinquency proceedings in D.C. Superior Court with the Juvenile Justice Clinic. He served on the American Criminal Law Review, where he was an editor of the Annual Survey of White Collar Crime articles on health care fraud, Racketeer Influenced and Corrupt Organizations, and false statements and false claims. He also interned for the Honorable Rosemary M. Collyer on the U.S. District Court for the District of Columbia.
David served as a combat engineer in the U.S. Marine Corps. He is a veteran of Operation Enduring Freedom in Afghanistan.
Putting the “AI” in Compliance—DOJ Updates its Corporate Compliance Program Guidance to Address Emerging AI Risks and Leveraging Data
On Monday, September 23, 2024, the Department of Justice (DOJ), released an update to its Evaluation of Corporate Compliance Programs (ECCP) guidance. The ECCP guidance was last revised in March 2023, which brought a number of significant changes, including a focus on compensation and incentive structures (e.g., clawbacks), and third party messaging applications. This 2024 update, while not as significant in scope as its predecessor, nonetheless highlights the DOJ’s focus on new and emerging technologies, such as artificial intelligence (AI), as part of its evolving assessment of what makes a corporate compliance program truly effective, and how prosecutors should evaluate risk assessments and other management tools at the time of a corporate resolution.Continue Reading Putting the “AI” in Compliance—DOJ Updates its Corporate Compliance Program Guidance to Address Emerging AI Risks and Leveraging Data
Criminal Enforcement Considerations for Gov’t Contractors
The federal government’s renewed focus on corporate misconduct and the recent expansion of its disclosure and whistleblower policies have thrust corporate criminal liability into the spotlight. It may come as no surprise that corporations are legal persons capable of committing crimes, but the scope of potential criminal liability for corporations is broader than one may realize.Continue Reading Criminal Enforcement Considerations for Gov’t Contractors
Federal Circuit Reverses COFC and Awards Attorneys’ Fees to Combat Disabled Veteran
On April 26, the Federal Circuit issued a decision in Crawford v. United States (a C&M case), holding that a U.S. Army combat veteran is entitled to recover his attorneys’ fees arising from a dispute related to obtaining medical retirement benefits earned during his service. In the underlying dispute on remand to the Army Board…