Government Contracts Legal Forum

OOPS 2017 Preview: Investigations

Posted in Events, Legal Developments
Gail D. Zirkelbach

Although companies often conduct internal investigations in the normal course of business, recent developments suggest that companies need to reconsider certain aspects of how they structure their investigations to avoid potential new downfalls.  On May 4, 2017 at the Renaissance Hotel in Washington, Crowell & Moring attorneys Gail Zirkelbach, Steve Byers, Jacintha Alves and Judy Choi will highlight some of these new developments and provide practical advice on the steps companies should take in conducting their internal investigations as a result. Specifically, the panel will discuss:

  • The increased focus on the individual;
  • The additional potential for criminal referrals;
  • Recent decisions on the scope of the attorney client privilege; and
  • New document preservation considerations.

For more information and to register for OOPS, please click here.

Join Crowell & Moring for our Webinar “Building a Border Wall: Opportunities, Contractual Risks, and Business Considerations” on Tuesday, April 25th

Posted in Webinar
Angela B. StylesSteve McBradyTrina Fairley BarlowDavid J. GinsbergElizabeth Buehler

Join us today for our webinar Building a Border Wall: Opportunities, Contractual Risks, and Business Considerations. The Trump administration published two contract solicitations for the design-build of a “border wall” between the U.S. and Mexico. The RFPs (linked here and here) contemplate a multiple-award, multiple-phase approach for acquiring prototypes and, eventually, full construction.  A team of Crowell & Moring government contracts and labor & employment attorneys will discuss key nuances of the solicitations, opportunities, and major contractual risks that may accompany the Trump administration’s large-scale border project. Please click here to register.

OOPS 2017 Preview: Strategizing for Government Contractors’ Game Plan Under the New Administration

Posted in Cost/Cost Accounting, Cybersecurity, International Contracting/FCPA, Legal Developments
Crowell & Moring

The Government Contracts Group is counting down to Crowell & Moring’s 33rd annual Ounce of Prevention Seminar (OOPS), which will be held on May 4 and 5 at the Renaissance Hotel in Washington. This year’s seminar, “Strategizing for Government Contractors’ Game Plan Under the New Administration,” will provide insider insight and practical advice across a range of issues impacting government contractors and companies.

Check back here over the coming days, as some of our panelists will preview sessions on investigations, cybersecurity, recovery, cost and pricing, and international procurement.

For more information and to register for OOPS, please click here.

Websites_Redesign_Filmstrip_OOPS_2017

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

Posted in Legal Developments
Peter 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 partner Peter Eyre and includes updates on the creation of OAI, recent relevant litigation, and the Buy American, Hire American Executive Order.

Listen: Crowell.com | PodBean | SoundCloud | iTunes
 

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

Posted in Legal Developments
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 the budget, an FCA case in D.C. federal district court, and an important OCI decision.

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 latest edition is hosted by partner David Robbins and includes updates on GAO’s Whistleblower Protections Pilot Program, the latest from the House of Representatives, and a DOJ FCA matter.

Listen: Crowell.com | PodBean | SoundCloud | iTunes

Whistle(blowing) While You Work: GAO Recommends Improvements to Whistleblower Protections Pilot Program

Posted in False Claims
Gail D. ZirkelbachJason M. CrawfordMary Kate Healy

On March 2, 2017, the U.S. Government Accountability Office (GAO) published a report highlighting necessary improvements to effectively implement the Whistleblower Protections Pilot Program (WPPP).  The WPPP, introduced in the National Defense Authorization Act for Fiscal Year 2013, and made permanent by Congress in December 2016, expanded whistleblower rights against reprisal for employees of contractors, subcontractors, and grantees.  That same year, the FAR was also amended to require contracting officials to include a contract clause requiring contractors to communicate to their employees their rights under the WPPP in contracts exceeding the simplified acquisition threshold and awarded after September 30, 2013.  The WPPP also required agencies use best efforts to include the FAR clause in major contract modifications of existing contracts.

Continue Reading

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

Posted in Legal Developments
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, with the latest edition hosted by partners David Robbins and Peter Eyre and including updates on DOJ Fraud Section guidance, GSA OIG’s report on 18F, and an interesting Fourth Circuit decision. Click on one of the options listed below to listen.

Listen: Crowell.com | PodBean | SoundCloud | iTunes

DOJ Issues New Guidance on the Evaluation of Corporate Compliance Programs

Posted in Ethics & Compliance
Lorraine M. CamposSarah Bartle

On February 8, 2017, the Department of Justice Fraud Section posted a new guidance document on its website entitled, “Evaluation of Corporate Compliance Programs”  (“Compliance Guidance”).  This Compliance Guidance, comprised of a number of topics and questions, comes a little over a year after the Fraud Section hired Hui Chen as its resident compliance expert.  Tapping into her experience as both a prosecutor and a compliance professional at several large multinational companies, Ms. Chen has commented that an effective compliance program requires a whole-company commitment, and has emphasized the importance of leadership and key stakeholders in the compliance process.[1]  Her vision is evident in the Fraud Section’s recently released Compliance Guidance, which provides some insights into the mindset of prosecutors tasked with corporate investigations.[2]   The Compliance Guidance itself references two of the ten “Filip Factors,”[3] an enumerated set of factors used by prosecutors in making charging decisions related to corporate entities.  Although the Compliance Guidance cautions that the Fraud Section does not use a “rigid formula” to assess a company’s compliance program, the guidance provides a detailed list of compliance-focused sample topics and questions that the Fraud Section believes are relevant to its analysis.

Continue Reading

Valentine’s Day Disappointment for FCA Practitioners Hoping for a Ruling on Stat Sampling

Posted in False Claims
Gail D. ZirkelbachJason M. CrawfordMary Kate HealyStephanie Willis

On February 14, the Fourth Circuit issued an opinion in United States ex rel. Michaels v. Agape Senior Cmty. Inc. addressing only the first of the two issues that the district court had certified for interlocutory appeal: (1) whether the Department of Justice (DOJ) possesses an unreviewable veto authority over proposed settlements and (2) whether statistical sampling, the analysis of data from a subset of the population of interest in order to make projections across the population of claims at issue, is an appropriate methodology for establishing liability and damages in False Claims Act (FCA) cases.
In its decision, the Fourth Circuit became the third circuit to affirm that the DOJ has absolute, unreviewable authority to veto settlements in qui tam cases where it has declined to intervene. However, notwithstanding that the name of the defendant corporation is derived from the Greek word for love, the Fourth Circuit’s decision (on Valentine’s Day) not to opine on the statistical sampling issue showed no love for those that hoped that the court would bring needed clarity on the permissibility of statistical sampling in FCA cases. Instead, as the authors predicted in a recent Law360 article, the Fourth Circuit dismissed the interlocutory appeal as “improvidently granted” because the panel viewed statistical sampling as an evidentiary issue, rather than a pure question of law.

Continue Reading