Government Contracts Legal Forum

Government Contracts Mergers & Acquisitions in 2017: Challenges and Opportunities on the Horizon

Posted in Webinar
Steve McBradyPeter J. EyreAdelicia R. Cliffe

Please join us on June 27, 2017 for a lunchtime panel discussion regarding “Government Contracts M&A in 2017: Challenges and Opportunities on the Horizon.”

During this program, moderated by Peter Eyre,  a panel of industry, private equity, law firm, and government representatives will tackle key considerations for buyers and sellers to take into account when structuring and executing M&A transactions in the government contract marketplace, including: due diligence “hot spots” and effective risk management; specific considerations regarding transactions involving for foreign entities; and unique requirements when acquiring or selling companies in the defense and intelligence fields.

Panelists:

  • Mike Molino, SVP, Corporate Strategy, Leidos
  • Tim Garnett, Managing Director, Avascent
  • David Wodlinger, Partner, Arlington Capital
  • Marc Marlin, Managing Director, KippsDeSanto & Co.
  • Addie Cliffe, Partner, Crowell & Moring

 

Government Contracts Recovery Webinar

Posted in Claims, Webinar
Steve McBradySkye MathiesonLaura BakerCharles Baek

On June 14, we presented a webinar titled “Frequently Asked Questions About Requests for Equitable Adjustment and Contract Disputes Act Claims.” The webinar featured some of the most common questions we encounter in the field regarding CDA claims and REAs, as well as a discussion of procedural, substantive, and business considerations that go into the decision to assert a claim or an REA.

The audience Q&A featured a remarkable 30 questions during the 1-hour webinar, so be on the lookout for a “sequel” Claims Recovery v2.0 webinar in the coming weeks, where we will address additional FAQs and new questions that attendees may submit in advance.

Finally, because part of the discussion focused on identifying and pursuing claims, attached here is a description of the Crowell & Moring Performance Review Offering, which describes available training and diagnostic reviews regarding recovery opportunities for clients in the government contracting industry.

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 the STOP FWA program, the fiscal year 2018 budget, and a Court of Federal Claims matter.

Listen: Crowell.com | PodBean | SoundCloud | iTunes

 

Join Crowell & Moring for our Webinar “Government Contracts Recovery: ‘Frequently Asked Questions’ About Requests for Equitable Adjustments and CDA Claims”

Posted in Claims, Events
Steve McBradySkye MathiesonCharles BaekLaura Baker

Join us for a webinar titled “Government Contracts Recovery: ‘Frequently Asked Questions’ About Requests for Equitable Adjustments and CDA Claims.”  During the 60-minute webinar, a team of claims professionals from C&M’s Government Contractor Recovery Practice will address some FAQs that arise in the context of contractor claims / REAs, and solicit audience questions, as we delve into some of the procedural, substantive, legal, and business considerations that factor into whether to assert a claim or an REA.

We hope you can join us on Tuesday, June 14th, 2017 at 1 PM Eastern.  To register for this event, please click here.

 

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

Posted in Cybersecurity, 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 Peter Eyre and David Robbins and includes updates on cybersecurity, a GAO report, and the Section 809 Panel’s interim report.

Listen: Crowell.com | PodBean | SoundCloud | iTunes

 

Not Your Grandfather’s Suspension & Debarment: How Contractors Can Prepare For and Defend Against Today’s Exclusions

Posted in Legal Developments, Suspension & Debarment
David B. RobbinsAngela B. StylesPeter J. Eyre

Suspension and debarment practice in 2017 is very different than it was just five or 10 years ago, and it continues to evolve.  Historically active programs, such as the Department of the Air Force, show few actions initiated in the last three months, while the Environmental Protection Agency has been heavily involved in excluding contractors and awardees.  Awareness of the current activity level and preferences of relevant agency suspension and debarment offices is one key to successfully managing your relationship with key federal agencies.  But successfully navigating the current suspension/debarment landscape is often more complicated than a single agency analysis.

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It’s the Cover-Up That Gets You

Posted in False Claims, Legal Developments
Alan W. H. GourleyBrian Tully McLaughlinJason M. Crawford

On May 16, 2017, the Fourth Circuit issued a decision in United States ex rel. Omar Badr v. Triple Canopy, holding that the Government had properly alleged an implied certification claim under the standard articulated by the Supreme Court in Universal Health Servs. v. United States ex rel. Escobar, 136 S. Ct. 1989 (2016).  In the eleven months following the Supreme Court’s landmark ruling on the implied certification theory of liability, Escobar has been cited in nearly 100 court opinions. (Our recent Feature Comment in the Government Contractor highlights some of the key cases and developing trends).

In Badr, the relator alleges that a security contractor responsible for ensuring the safety of an air base in a combat zone employed Ugandan guards who were unable to meet the required marksmanship scores on a U.S. Army qualification course. According to the relator, Triple Canopy knowingly falsified marksmanship scorecards and presented claims to the government for payment for those guards.

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Join Crowell & Moring for a Seminar: Cyber Security Best Practices

Posted in Cybersecurity, Events
Steve McBrady

Please join us for an evening of conversation and cocktails while our panelists from the commercial, industrial, government contracting, higher education, and insurance arenas discuss critical emerging cyber security issues.  From the dark web, to cyber pitfalls, cybersecurity policy and legislation, and how to ensure a secure future, our panel discussion will explore the rapidly expanding world of cybersecurity and debate best practices for protecting yourself, your clients, and your business.

When: Thursday, May 18, 2017

Registration: 4:30PM

Program 5:00-6:45PM

Cocktails: 6:45-8:00PM

Address:  1001 Pennsylvania Avenue, NW

         Washington, DC 20004

For more information, register here.

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 latest edition is hosted by partner David Robbins and includes updates on the GAO Data Act report and Organization Conflicts of Interest decisions, President Trump’s recent executive orders, and notable data breach case law.

Listen: Crowell.com | PodBean | SoundCloud | iTunes

 

 

OOPS 2017 Recap Spotlight: Information Security and Privacy

Posted in Cybersecurity, Legal Developments
Crowell & Moring

Many of the panels last week at Crowell & Moring’s Ounce of Prevention Seminar garnered special attention in this presidential transition year, and the cybersecurity session was no exception. The panel featured Paul Rosen, who joined Crowell & Moring as a partner on April 27. Paul most recently served as chief of staff to former Department of Homeland Security Secretary Jeh Johnson, and offered unique insights on the cybersecurity landscape.

Paul discussed the impact of cybersecurity incidents in both the public and private sectors. “The OPM data breach really set the stage for both government and corporate cyber preparation and responses,” he said at the May 4 panel.

The government experience on the panel also included moderator Peter Miller, who served as the Federal Trade Commission’s Chief Privacy Officer, and Privacy & Cybersecurity Group co-chair Evan Wolff, who advised senior leadership at DHS and other federal agencies. Kate Growley, a counsel in the firm’s Privacy & Cybersecurity Group, also participated in the session, which covered incident preparation and responses, DFARS/FAR/NIST, insider threats, investigations, governance, and vendor management.

Other takeaways from the panel included:

  • Companies are not judged for having a data breaches, but are judged on how they react. –Evan Wolff
  • Contractors should take advantage of DoD’s upcoming Industry Information Day to solicit and hear feedback regarding the latest cyber contracting clauses. –Kate Growley
  • Cyber criminals are using the internet of things, that is, interconnected devices, to conduct increasingly sophisticated and far-reaching attacks. –Paul Rosen

To relive the action, check out the #cm2017oops hashtag on Twitter.

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