Washington D.C. partners Karen L. Manos and John W.F. Chesley, and associate Lindsay M. Paulin are the authors of "Jurisdictional Issues In Recent Gov't Contracts Cases: Part 2" [PDF] published on August 5, 2015 by Law360.
Article | August 5, 2015
Washington D.C. partners Karen L. Manos and John W.F. Chesley, and associate Lindsay M. Paulin are the authors of "Jurisdictional Update On 2015 Gov't Contracts Cases: Part 1" [PDF] published on August 4, 2015 by Law360.
Article | August 4, 2015
In this inaugural Government Contracts Litigation Update, Gibson Dunn examines trends and summarizes highlights from the government contracts-related decisions of the U.S.
Client Alert | July 29, 2015
2015 came in like a lion, bringing with it remarkable policy changes regarding corporate non-prosecution agreements ("NPA") and deferred prosecution agreements ("DPA").
Client Alert | July 8, 2015
I. INTRODUCTION There is no end in sight to the False Claims Act gold rush. After a record-setting 2014, which saw $5.7 billion in recoveries under the federal False Claims Act (FCA), 31 U.S.C.
Client Alert | July 8, 2015
For years, U.S. regulators have been encouraging their foreign counterparts to pick up the mantle of international bribery enforcement and more evenly distribute the balance of prosecutions. With 2015 potentially shaping up to be a year in which transnational bribery prosecutions by foreign authorities match if not exceed U.S.-initiated actions under the Foreign Corrupt Practices Act ("FCPA"), it appears that their calls have been heeded. But the shifting balance between domestic and foreign regulators does not portend a lull for U.S.
Client Alert | July 6, 2015
Washington, D.C. partners Joseph West and Judith Lee, New York partner Jose Fernandez, and Washington, D.C. staff attorney Andrea F. Farr are the authors of "A Dealmaker's Guide to National Security Implications of Foreign Investment in U.S.
Article | June 30, 2015
Washington, D.C. partner Karen Manos is the author of "The New Uncompensated Overtime Rule" [PDF] published in the March 2015 issue of Government Contract Costs, Pricing & Accounting Report, published by Thomson Reuters/West.
Article | March 16, 2015
Just two years ago we noted the staggering level of the federal government's recovery-- approximately $5 billion--under the False Claims Act, 31 U.S.C.
Client Alert | January 7, 2015
The U.S. Department of Justice ("DOJ") and the U.S. Securities and Exchange Commission ("SEC") continue to deploy DPAs and NPAs aggressively. This past year left no doubt that such resolutions are a vital part of the federal corporate law enforcement arsenal, affording the U.S.
Client Alert | January 6, 2015
In this alert, Gibson Dunn lawyers describe five trends in FCPA enforcement they observed between 2005 and 2015.
Client Alert | January 5, 2015
On July 31, 2014, President Obama issued the Fair Pay and Safe Workplaces Executive Order (E.O.
Client Alert | August 13, 2014
I. INTRODUCTION It has been an explosive past six months in matters under the federal False Claims Act ("FCA"), 31 U.S.C. § 3729 et seq., which prohibits the knowing submission of false claims for payment to the government or false statements material to false claims.
Client Alert | July 9, 2014
As the debate continues over whether and how to punish companies for unlawful conduct, U.S.
Client Alert | July 8, 2014
Aggressive cross-border anti-corruption enforcement continued during the first half of 2014, as U.S. and foreign prosecutors pursued companies, individuals, and public officials across the globe for all manner of corruption-related offences.
Client Alert | July 7, 2014
Washington, D.C. partner Joseph Warin and associates Brendan Fleming and J. Matt Williams are the authors of "2013 Year-End Update on Corporate Non-Prosecution Agreements and Deferred Prosecution Agreements (Part 2)" [PDF] published in the May 2014 issue of Westlaw Journal's White Collar Crime.Part 1 of this article was published in April 2014 (http://www.gibsondunn.com/publications/Pages/2013-Year-End-Update-on-Corporate.aspx).
Client Alert | May 1, 2014
On April 9, 2014, the Department of Defense ("DoD") issued an interim final rule creating a new section of the Code of Federal Regulations ("CFR") covering the National Industrial Security Program ("NISP"). These new regulations are solely focused on the Defense Security Service's ("DSS") evaluation of foreign ownership, control, or influence ("FOCI").
Client Alert | April 11, 2014
Washington, D.C. partner Joseph Warin and associates Brendan Fleming and J. Matt Williams are the authors of "2013 Year-End Update on Corporate Non-Prosecution Agreements and Deferred Prosecution Agreements (Part 1)" [PDF] published in the April 2014 issue of Westlaw Journal's White Collar Crime.
Client Alert | April 1, 2014
Washington, D.C. partners Joseph West and Judith Lee, New York partner Jose Fernandez, and Washington, D.C. associates Annie Yan and Sarah Gleich are the authors of "National Security Implications of Foreign Investment in U.S.
Client Alert | March 3, 2014
Since his inauguration in December 2012, Mexico’s President Enrique Peña Nieto has moved to liberalize and strengthen his country’s economy, with an emphasis on telecommunications, tax and financial reforms.
Client Alert | January 9, 2014
$3.8 Billion—That is the approximate amount recovered by the federal government last year alone in settlements and judgments under the False Claims Act, 31 U.S.C.
Client Alert | January 8, 2014
Since their emergence in the early 1990s, and especially in the past decade, Non-Prosecution Agreements (“NPAs”) and Deferred Prosecution Agreements (“DPAs”) (collectively, “agreements”) have become embedded in the toolbox of U.S.
Client Alert | January 7, 2014
2013 marked another year of vigorous international anti-corruption enforcement. Gibson Dunn provides a comprehensive look at developments and trends.
Client Alert | January 6, 2014
Washington, D.C. partner Karen Manos is the author of "Penalties For Unallowable Costs" [PDF] published in the September 2013 issue of Government Contract Costs, Pricing & Accounting Report, published by Thomson Reuters/West.Reprinted with permission, © September 2013, Thomson Reuters/West.
Client Alert | September 1, 2013
$5 Billion! That's the approximate amount recovered by the federal government from settlements and judgments in cases filed under the federal False Claims Act, 31 U.S.C.
Client Alert | July 10, 2013
Deferred Prosecution Agreements ("DPAs") and Non-Prosecution Agreements ("NPAs") (collectively, "agreements") continue to be a consistent vehicle for prosecutors and companies alike in resolving allegations of corporate wrongdoing. In the two decades since their emergence as an alternative to the extremes of indictment and outright declination, DPAs and NPAs have risen in prominence, frequency, and scope. Such agreements are now a mainstay of the U.S.
Client Alert | July 9, 2013
Significant FCPA developments continued apace during the first six months of 2013. After a relative downtick in 2012, the first half of 2013 saw criminal enforcement of the statute return to the robust levels of recent years. With approximately 60 devoted prosecutors and enforcement attorneys, whose efforts are frequently supplemented by their colleagues in the U.S.
Client Alert | July 8, 2013
Washington, D.C. partner Diana Richard, of counsel Neil Whiteman and associate Sarah Gleich are the authors of "Contractor Reporting Requirements in the Wake of Implementation of the System for Award Management"[PDF] published in the May 2013 issue of Thomson Reuters' Briefing Papers.
Client Alert | May 31, 2013
In the past two weeks, Judges Richard J. Sullivan and Shira A. Scheindlin of the United States District Court for the Southern District of New York separately issued important rulings in civil Foreign Corrupt Practices Act ("FCPA") cases against foreign executives of non-U.S.-based companies whose stock is traded on a U.S.
Client Alert | February 28, 2013
For years, the Department of Justice ("DOJ") has sought recoveries under the False Claims Act, 31 U.S.C. §§ 3729-33 (the "FCA" or the "Act"), with a torrid pace.
Client Alert | January 8, 2013
"Over the last decade, DPAs [Deferred Prosecution Agreements] have become a mainstay of white collar criminal law enforcement," Lanny Breuer, the head of the U.S.
Client Alert | January 3, 2013
The whispers have begun. By comparison to the blistering pace set in recent years, FCPA prosecutions were down in 2012 (though still far higher than in any of the first 30 of the statute's 35-year existence).
Client Alert | January 2, 2013
Washington, D.C. partner Karen Manos is the author of "Records Retention, Untimely Audits And Cost Allowability" [PDF] published in the January 2013 issue of Government Contract Costs, Pricing & Accounting Report , published by Thomson Reuters/West.
Client Alert | January 1, 2013
On November 14, 2012, the U.S. Department of Justice ("DOJ") and the U.S. Securities and Exchange Commission ("SEC") jointly issued A Resource Guide to the U.S.
Client Alert | November 19, 2012
Last summer's debt ceiling crisis produced a compromise bill--the Budget Control Act of 2011 (BCA)--that includes an enforcement mechanism, sequestration, similar to the doomsday device in Dr. Strangelove.
Client Alert | September 18, 2012
Two recent federal appeals court decisions are sure to fuel the already explosive growth of False Claims Act litigation and suggest that the courts are out of touch with the realities of today's Government contracting world. First, in U.S.
Client Alert | August 28, 2012
For years, on these pages, we have marveled at the precipitous increase in False Claim Act (FCA) enforcement.
Client Alert | July 12, 2012
Deferred Prosecution Agreements ("DPAs") and Non-Prosecution Agreements ("NPAs") (collectively, "agreements") in recent years have become a primary tool of the U.S.
Client Alert | July 10, 2012
As the Foreign Corrupt Practices Act ("FCPA") turns 35 years old, the spike in enforcement activity that we first observed five years ago appears (at least for the moment) to be leveling off. Nevertheless, numerous developments this year bespeak a statute that is maturing rather than falling into obscurity: the first sustained pattern of trial activity; increasing "private attorney general" enforcement; and serious policy debates between industry, executive, and legislative interests leading up to much-anticipated statutory guidance from government regulators. The first half of 2012 was packed with important FCPA developments. This client update provides an overview of the FCPA and a survey of FCPA enforcement, litigation, and legislative develop
Client Alert | July 9, 2012
In the Dodd-Frank Wall Street Reform and Consumer Protection Act, Pub. L. 111-203, Congress issued directives to the United States Sentencing Commission to "review and, if appropriate, amend" various sentencing guidelines and policy statements applicable to fraud offenses. Last Friday, April 13, 2012, the Commission responded, promulgating amendments to the federal sentencing guidelines for securities fraud, mortgage fraud, and financial institution fraud.In announcing these amendments, Judge Patti B.
Client Alert | April 18, 2012
Washington, D.C. partner Michael Murphy and associate David Fotouhi are the authors of "More CERCLA Recovery Hurdles For ‘Compelled’ Costs" [PDF] published by Law360 at www.Law360.com on April 12, 2012.
Client Alert | April 12, 2012
It seems that "record-breaking" years for recoveries under the False Claims Act, 31 U.S.C. §§ 3729-33 (the "FCA" or the "Act") are becoming as predictable as Gibson Dunn publishing its Year-End Update on the subject.
Client Alert | January 5, 2012
During the past decade, the U.S.
Client Alert | January 4, 2012
2011 marked yet another dynamic year for the Foreign Corrupt Practices Act ("FCPA"), including numerous significant enforcement actions, more trials than in any other year in the history of the statute, and a growing public debate about the policy ramifications of a U.S.-dominated international anti-corruption enforcement field. Those close to the statute can feel the unmatched pace at which the 34-year-old law is now developing. With more litigated decisions, more bills pending in Congress, and more interplay between the FCPA and other international laws prohibiting cross-border bribery, there is a growing sense of urgency amongst FCPA practitioners as to the direction the statute will take in the coming years. Perhaps sensing these dynamics, Assistant Attorney
Client Alert | January 3, 2012
Washington, D.C. partner Karen Manos is the author of "The Contract Disputes Act Statute Of Limitations: Take Your Time, DOD" [PDF] published in the November 2011 issue of West's Government Contract Costs, Pricing & Accounting Report.
Client Alert | November 1, 2011
Washington, D.C. partners Joseph West and Diana Richard and associate Owen Whitehurst are the authors of "The Federal Awardee Performance & Integrity Information System" [PDF] published in the October 2011 issue of Thomson Reuters' Briefing Papers.
Article | October 1, 2011
Washington, D.C. partner Karen L. Manos is the author of "Special Allocations Under the Cost Accounting Standards" published in the September 2011 issue of Thomson Reuters' Government Contract Costs, Pricing & Accounting Report.
Client Alert | September 1, 2011
Washington, D.C. partner F. Joseph Warin, and associates John Chesley and Jeremy Joseph are the authors of "FCPA: Who Is a Foreign Official?" [PDF] published in the August 8, 2011 issue of Compliance Reporter magazine.
Client Alert | August 8, 2011
$7,300,000,000! That's 7.3 billion dollars. If that figure grabbed your attention, imagine the reaction of federal and state prosecutors and qui tam plaintiffs' lawyers across the country when they heard that between January 2009 and June 2011, the Department of Justice ("DOJ") recovered more than $7.3 billion in civil settlements and judgments alone under the False Claims Act, 31 U.S.C.
Client Alert | July 14, 2011
Deferred Prosecution Agreements ("DPAs") and Non-Prosecution Agreements ("NPAs") are an increasingly familiar tool used by the Department of Justice ("DOJ") to resolve alleged corporate wrongdoing. In May 2011, for the first time, the United States Securities and Exchange Commission ("SEC" or "Commission") entered into a DPA to resolve an enforcement action following its first-ever NPA in December 2010. Through these agreements, DOJ and, now, the SEC, agree to forgo prosecution in exchange for the company's agreement not to commit further violations of the law and to undertake specific cooperation and compliance obligations. In the DOJ context, DPAs and NPAs differ in one material respect: DOJ typically files a crimi
Client Alert | July 12, 2011