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Last week, the Government Contracts Group wrapped up its 34th annual Ounce of Prevention Seminar, “Diving Into Uncharted Waters,” last week. The speaker panels featured Crowell & Moring lawyers from various practice groups, government officials—including GSA Administrator Emily Murphy—and in-house counsel, and focused on a variety of timely issues including False Claims Act enforcement, ethics and compliance, bid protests, cybersecurity and privacy, and international issues affecting government contractors. The panel sessions were live-tweeted from the @GovConCrowell Twitter handle, and check out the #cm2018oops hashtag for more recaps.

We’ll see you again next year for OOPS 2019!

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With even DoD officials acknowledging cyber threats ranging from exfiltrating our top military secrets (“the terabyte of death” per DISA’s Director) to seizing control of SECDEF’s car to sinking Navy vessels with critical infrastructure attacks, both federal agencies and government contractors are in the pressure cooker.  For contractors, bad cybersecurity not only opens the door to cyber espionage and privacy breaches followed by costly clean-up and lost trade secrets, but now – with the latest DoD guidance – may put critical contract awards at risk.  Join us this Thursday, May 17, at 1:00 PM Eastern, as Crowell & Moring attorneys Paul Rosen, Evan Wolff, David Bodenheimer, and Michael Gruden lead a discussion highlighting recent developments impacting the volatile privacy and cybersecurity sector.  Specific topics include:

  • Navigating Government Contracts Information Security and Privacy Risks:  Updates to NIST Cybersecurity Standards, Pending FAR Cyber Clauses, and DFARS Safeguarding Clause New Developments
  • Trekking the  Internet of Things (IoT) Cyber Frontier
  • Managing Effective Cyber Incident Response: Preparing Incident Response Plans, Practicing Tabletop Exercises, and Executing Effective Cybersecurity Defense

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

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With over 1,700 government contracts M&A deals since 2015, M&A continues to be a significant factor in shaping the federal contracting market.  Join us on Thursday, May 18,2018, at 9:15 AM Eastern, as Crowell & Moring attorneys James Stuart, Karen Hermann, and Judy Choi along with special guest Tim Garnett, a Manager Director of Avascent, discuss key market trends as well as the latest developments and considerations in the government contracts transactions.  Specific topics include:

  • Market Trends
  • How to avoid and solve novation nightmares
  • Advent of transactional risk insurance
  • Due Diligence “hot spots”

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

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Are we experiencing a shift towards a higher bar for pursuing False Claims Act Cases?  Department of Justice guidelines may signal a new direction from the last two decades of DOJ FCA enforcement history through policies that reign in relators and articulate some boundaries for cases pursued by DOJ.  Meanwhile, Escobar progeny continues to develop  and refine the materiality requirement under the FCA.  Join us on May 17, 2018, at 8:30 AM Eastern, as Crowell & Moring attorneys Brian Tully McLaughlin, Mana Lombardo, Jason Crawford, and Nkechi Kanu lead a discussion highlighting recent developments impacting FCA investigation, enforcement, and litigation under the False Claims Act.  Specific topics include:

  • DOJ Enforcement Trends and Developments: What They Mean for Investigation and Litigation Strategy
  • The Continuing Emphasis on Materiality in the Wake of Escobar
  • Case developments and impacts

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

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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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Our 33rd annual Ounce of Prevention Seminar has come to a close and was a great success. Thank you to all of our attendees and panelists who participated in the event, which covered a range of topics from investigations and cybersecurity to labor and employment. This year’s agenda particularly focused on how contractors are navigating the uncertainty and regulations of a new presidential administration.

Stay tuned for additional recap updates. You can browse the live tweets from the event by checking out the #cm2017oops hashtag on Twitter.  

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We’ve wrapped up our preview posts, which gave a sneak peek at just a few of tomorrow and Friday’s OOPS panels, including investigations, privacy and cybersecurity, international procurement, and cost and pricing issues.

It’s not too late to register for the event! Click here for details and directions.

We’ll see you tomorrow at the Renaissance Hotel in Washington, D.C.! The full agenda can be viewed here.

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During the past year, we have continued to see developments on cost and pricing issues, particularly with respect to the 2017 National Defense Authorization Act (“NDAA”). On May 5, 2017 from 11:00 am – 12:00 pm, Crowell & Moring attorneys Terry Albertson, David Bodenheimer, Chris Haile, Steve McBrady and Liz Buehler will highlight some of the cost and pricing issues that government contracts are currently encountering with respect to commercial acquisitions, management of subcontractors, statute of limitations, intersegment pricing and DCAA audits, as well as the following regulatory developments:

  • 2017 NDAA Provisions Affecting DCAA and the Cost Accounting Standards (“CAS”) Board
  • Creation of a Defense CAS Board
  • 2016 NDAA Section 809 Panel Update, including CAS and other accounting issues.

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

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The Trump Administration’s first 100 days shed little light on how it will reconcile an America First trade policy with insistence on more robust defense spending by our allies.  On May 5, 2017, at 8:30 AM Eastern, Crowell & Moring attorneys Adelicia Cliffe, Alan Gourley, Yuan Zhou, and Jana del-Cerro will lead a discussion highlighting some of the most significant areas caught in the cross-fire, and how – if at all – these areas may continue to be affected under the new Administration.  Specific topics include:

  • National Security reviews of Steel and Aluminum imports
  • Buy American and other domestic preferences
  • New Foreign Military Financing Guidelines
  • Sanctions and Continuation of Export Control Reform

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

 

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The contracting community is hurrying to keep pace with the bevy of recent privacy and cybersecurity requirements incorporated into their government contracts across all agencies.  On May 4, 2017, at 1:45 PM Eastern, Crowell & Moring attorneys Evan Wolff, Peter Miller, Mark Ries, and Kate Growley will lead a discussion to help contractors wrap their heads around this flurry of activity. Specific topics will include:

  • Covered defense information
  • Controlled unclassified information
  • Insider threats
  • Privacy training requirements
  • M&A cyber due diligence
  • Vendor management
  • General Data Protection Regulation (GDPR)

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