Government Contracts

176 Search Results

Proposed Amendment to Federal Acquisition Regulation Would Require Contractors to Disclose Greenhouse Gas Emissions, Emissions Reduction Targets, and Climate-Based Financial Risks

Gibson Dunn lawyers provide context to recent proposed climate-focused rule changes that would impact certain Federal contractors.

Client Alert | November 15, 2022

COFC Dismissal of Boeing’s Challenge to the Application of FAR 30.606 to its Contracts Yet Again Leaves Unresolved the Issue of Combining the Cost Impact of Multiple Changes in Cost Accounting Practice

Los Angeles partner Dhananjay Manthripragada is the author of "COFC Dismissal of Boeing’s Challenge to the Application of FAR 30.606 to its Contracts Yet Again Leaves Unresolved the Issue of Combining the Cost Impact of Multiple Changes in Cost Accounting Practice," published by The Government Contractor on November 9, 2022.

Article | November 15, 2022

Senators’ Call for Increased DOJ Use of Suspension and Debarment Could Impact False Claims Act Investigations and Resolutions

In an August 11, 2022 letter to the Department of Justice, Senators Elizabeth Warren (D-Mass) and Ben Ray Lujan (D-N.M.) signaled renewed congressional interest in the Government’s right to suspend or debar government contractors and federal financial assistance recipients from obtaining new business, and pressed for DOJ to boost its use of this administrative remedy in connection with its prosecution of criminal or fraud cases.

Client Alert | August 31, 2022

OFCCP Guidance on Privilege Assertions Over Pay Equity Audit Materials

Since President Biden took office in January 2021, employers’ compensation and nondiscrimination practices have been under increasing scrutiny by the federal government. 

Client Alert | April 12, 2022

Recent Settlement Indicates Donations by Healthcare Entities Could Be Subject to Increased DOJ Scrutiny

On February 14, 2022, the Department of Justice and U.S. Attorney’s Office for the Middle District of Florida announced they had reached a $5.5 million settlement with NCH Healthcare System to resolve common law claims arising from NCH’s donations to local government entities—payments that the government alleged were used improperly to fund Florida’s share of Medicaid payments made to NCH.

Client Alert | March 7, 2022

Gibson Dunn Promotes 27 Lawyers to Partnership

Gibson, Dunn & Crutcher LLP is pleased to announce that the firm has elected 27 new partners, effective January 1, 2022. 

Press Releases | November 4, 2021

Two Who’s Who Legal 2021 Guides Recognize Five Gibson Dunn Partners

Five Gibson Dunn partners were recognized in Who’s Who Legal 2021 Environment and Who’s Who Legal 2021 Government guides.

Firm News | September 30, 2021

White House Task Force Announces New COVID Safety Protocols for Federal Contractors

On September 24, 2021, the White House’s “Safer Federal Workforce Task Force” issued new guidance regarding vaccination requirements and other COVID-safety measures for federal contractor employees.

Client Alert | September 26, 2021

President Biden Announces COVID-19 Vaccine Mandates, with Legal Challenges Likely to Follow

On September 9, 2021, President Biden announced several initiatives regarding COVID-19 vaccine requirements for U.S. employers. This alert provides a brief overview of the content and timing of the principal initiatives, and previews certain objections likely to be raised in legal challenges that some governors and others have said they will file.

Client Alert | September 10, 2021

President Biden Issues Executive Order to Enhance U.S. Cybersecurity in the Wake of Major Cyber Incidents

Following two major cybersecurity events, President Biden issued a sweeping Executive Order on May 12, 2021, reinforcing his commitment that fighting cyberattacks is “a top priority and essential to national and economic security.”  The executive action is the latest of the Administration’s efforts on “prevention, detection, assessment, and remediation of cyber incidents,” coming on the heels of the Colonial Pipeline ransomware attack, and just a few months after the SolarWinds breach.

Client Alert | May 18, 2021

Aerospace and Related Technologies Update – Spring 2021

This April 2021 edition of Gibson Dunn’s Aerospace and Related Technologies Update discusses newsworthy developments, trends, and key decisions from 2020 and early 2021 that are of interest to companies in the aerospace, space, defense, satellite, and drone sectors as well as the financial, technological, and other institutions that support them.

Client Alert | April 20, 2021

2020 Year-End False Claims Act Update

Looking back on the incredible year that was 2020, some observers of the False Claims Act enforcement space may note that the year’s FCA recoveries were the lowest they have been in twelve years, but the most important takeaway for those who deal in government funds is this: the government opened the most new FCA investigations ever in 2020.

Client Alert | January 27, 2021

Executive Order on Combating Race and Sex Stereotyping

On September 22, 2020, President Trump issued an Executive Order “On Combating Race and Sex Stereotyping," which prohibits government contractors from including certain so-called “divisive concepts” in employee workplace training.

Client Alert | October 1, 2020

The Defense Production Act and COVID-19: What Industry Needs to Know

On March 18, 2020, President Trump announced that he was invoking the Defense Production Act (DPA) in order to allow the administration to marshal American industry to prioritize production of medical supplies and pharmaceuticals that are in short supply to fight the coronavirus pandemic.

Client Alert | March 19, 2020

Nine Gibson Dunn Partners Named as Thought Leaders in Construction and Competition by Who’s Who Legal

Who’s Who Legal named nine Gibson Dunn partners Thought Leaders in their respective fields. Washington, D.C. partner Joseph West was recognized for Construction.

Firm News | January 30, 2020

Who’s Who Legal Practice Guides Recognize Six Gibson Dunn Attorneys in Capital Markets, Government Contracts, and Environment in 2019

Six Gibson Dunn attorneys were recognized by Who’s Who Legal in their respective fields. The Who’s Who Legal Capital Markets 2019 guide recognized Dallas partner Douglas Rayburn.

Firm News | November 6, 2019

2019 Mid-Year False Claims Act Update

Gibson Dunn lawyers review False Claims Act enforcement activity and litigation during the first half of 2019.

Client Alert | July 16, 2019

2018 Year-End Government Contracts Litigation Update

In this year-end analysis of government contracts litigation, Gibson Dunn examines trends and summarizes key decisions of interest to government contractors from the second half of 2018.

Client Alert | February 14, 2019

The Most Notable Government Contract Cost and Pricing Decisions of 2018

Washington, D.C. partner Karen Manos is the author of "The Most Notable Government Contract Cost and Pricing Decisions of 2018," [PDF] published in Thomson Reuters’ The Government Contractor on January 9, 2019.

Publications | January 9, 2019

Five Gibson Dunn Attorneys Named Among Washingtonian Magazine’s 2018 Top Lawyers

Washingtonian magazine named five DC partners to its 2018 Top Lawyers, featuring “[t]he area’s star legal talent” in their respective practice areas:

Firm News | November 29, 2018

2018 Mid-Year Government Contracts Litigation Update

In this mid-year analysis of government contracts litigation, Gibson Dunn examines trends and summarizes key decisions of interest to government contractors from the first half of 2018.

Client Alert | July 30, 2018

2018 Mid-Year FCPA Update

The steady clip of Foreign Corrupt Practices Act ("FCPA") prosecutions set in 2017 has continued apace into the first half of 2018, largely quieting any questions of enforcement of this important statute under the current Administration.

Client Alert | July 9, 2018

Acting Associate AG Panuccio Highlights DOJ’s False Claims Act Enforcement Reform Efforts

On June 14, 2018, Acting Associate Attorney General Jesse Panuccio gave remarks highlighting recent enforcement activity and policy initiatives by the Department of Justice ("DOJ").

Client Alert | June 20, 2018

Aerospace and Related Technologies – Key Developments in 2017 and Early 2018

This March 2018 edition of Gibson Dunn's Aerospace and Related Technologies Update discusses newsworthy developments, trends, and key decisions from 2017 and early 2018 that are of interest to aerospace and defense, satellite, and drone companies; and new market entrants in the commercial space and related technology sectors, including the private equity and other financial institutions that support and enable their growth.

Client Alert | March 16, 2018

Compliance – Was ist das eigentlich?

Munich partner Mark Zimmer is the author of "Compliance – Was ist das eigentlich?," [PDF] published in the February 2018 issue of the German publication BWV (Bundesverwehrverwaltung).

Article | February 1, 2018

Domaine public : Le Conseil d’État précise les conditions dans lesquelles une promesse de vente de biens relevant du domaine public pouvait être régulièrement conclue avant l’entrée en vigueur de l’article L. 3112-4 du CGPPP et indique que la réduction significative du périmètre d’une concession de service public en constitue une modification substantielle, en tant que telle illégale

Paris senior associate Grégory Marson is the author of “Domaine public : Le Conseil d’État précise les conditions dans lesquelles une promesse de vente de biens relevant du domaine public pouvait être régulièrement conclue avant l’entrée en vigueur de l’article L.

Article | November 15, 2017

DOJ Policy Statements Signal Changes in False Claims Act Enforcement

The Department of Justice issued two internal memoranda in January 2018 that, taken together, reflect the Trump Administration's first significant policy statements on False Claims Act (FCA) enforcement.

Client Alert | February 6, 2018

The Most Important Government Contract Cost and Pricing Decisions of 2017

Washington, D.C. partner Karen Manos is the author of "The Most Important Government Contract Cost and Pricing Decisions of 2017," [PDF] published in Thomson Reuters' The Government Contractor on January 24, 2018.

Article | January 24, 2018

2017 Year-End Government Contracts Update

In this year-end analysis of government contracts litigation, Gibson Dunn examines trends and summarizes key decisions of interest to government contractors from the second half of 2017.

Client Alert | January 16, 2018

Webcast: 2017 Mid-Year Update: The False Claims Act and Government Contractors (defense, technology, and others)

​The False Claims Act (FCA) is well-known as one of the most powerful tools in the government's arsenal to combat fraud, waste and abuse anywhere government funds are implicated.

Webcasts | August 9, 2017

2017 Mid-Year Government Contracts Litigation Update

In this mid-year check-in on government contracts litigation, Gibson Dunn examines trends and summarizes key decisions of interest to government contractors from the first half of 2017.  This publication covers the waterfront of the most important opinions issued by the U.S.

Client Alert | July 24, 2017

2016 Year-End Government Contracts Litigation Update

In this Government Contracts Litigation Update, Gibson Dunn examines trends and summarizes key decisions of interest to government contractors from the second half of 2016.

Client Alert | February 2, 2017

2016 Year-End False Claims Act Update

I. INTRODUCTION What a year. With two Supreme Court decisions and nearly $5 billion in recoveries (among other interesting entries) in 2016's now-closed books, we can say with certainty that 2016 delivered plenty of False Claims Act ("FCA") headlines.

Client Alert | January 5, 2017

Webcast: Addressing the Unique Aspects of Defense Industry M&A

Defense industry transactions present dealmakers with a unique set of hurdles, from diligencing top secret programs, to novating massive government contracts, to addressing the risks of doing business in far flung and dangerous jurisdictions like Iraq or Afghanistan.

Webcasts | November 14, 2016

New Cybersecurity Requirements for Defense Contractors Take Effect

On November 3, 2016, a new final rule from the Department of Defense (DoD) will take effect, requiring covered contractors and subcontractors to report a broad range of cyber incidents within 72 hours.

Client Alert | October 31, 2016

Federal District Court Enjoins Enforcement of Key Provisions of Executive Order 13673, Fair Pay and Safe Workplaces

A federal district court in Texas has granted a preliminary injunction enjoining implementation of key provisions of Executive Order 13673, Fair Pay and Safe Workplaces, and implementing regulations, which were scheduled to take effect today.  As drafted, the Executive Order and corresponding Federal Acquisition Regulation ("FAR") provision, 81 Fed.

Client Alert | October 25, 2016

2016 Mid-Year Government Contracts Litigation Update

In this Government Contracts Litigation Update, Gibson Dunn examines trends and summarizes key decisions of interest to government contractors during the first half of 2016.  This publication covers the waterfront of the most important opinions issued by the U.S.

Client Alert | August 1, 2016

2016 Mid-Year False Claims Act Update

Major changes -- that is how we would describe the developments in the first half of 2016 as related to the scope of liability and damages under the federal False Claims Act (FCA).

Client Alert | July 7, 2016

Know Your Cost Regulations: The Organization Costs Cost Principle

​Washington, D.C. partner Karen Manos is the author of "Know Your Cost Regulations: The Organization Costs Cost Principle" [PDF] published in the May 2016 issue of Government Contract Costs, Pricing & Accounting Report.

Article | May 31, 2016

2015 Year-End Government Contracts Litigation Update

In this Government Contracts Litigation Update, Gibson Dunn examines trends and summarizes key decisions of interest to government contractors during the second half of 2015.  This publication covers the waterfront of the most important opinions issued by the U.S.

Client Alert | January 19, 2016

2015 Year-End False Claims Act Update

A bit less, but no less impressive--that is how we would characterize False Claims Act enforcement in 2015. This past year, the federal government recovered approximately $3.6 billion in either settlements or judgments in cases brought under the False Claims Act ("FCA" or the "Act").

Client Alert | January 6, 2016

2015 Year-End Update on Corporate Non-Prosecution Agreements (NPAs) and Deferred Prosecution Agreements (DPAs)

2015 was a blockbuster year in corporate non-prosecution agreements ("NPA") and deferred prosecution agreements ("DPA"), by sheer numbers alone. Skyrocketing to 100, in 2015 the number of agreements more than doubled the numbers in every prior year since 2000, when Gibson Dunn first began tracking NPA and DPA data.

Client Alert | January 5, 2016

2015 Year-End FCPA Update

​As we kick off our second decade of updates on the state of play in international anti-corruption enforcement, the stakes for multinational companies have never been higher.

Client Alert | January 4, 2016

Serious Fraud Office v Standard Bank Plc: Deferred Prosecution Agreement

UK SFO enters into its first DPA and unveils its first enforcement of the corporate offence of failure to prevent bribery In a judgment of November 30, 2015 in Serious Fraud Office v Standard Bank Plc: Deferred Prosecution Agreement (Case No: U20150854), the Crown Court has approved the United Kingdom's first deferred prosecution agreement (the "Standard Bank DPA") under the regime for DPAs brought into effect in the UK by section 45 and Schedule 17 of the Crime and Courts Act 2013.

Client Alert | December 3, 2015

2015 Mid-Year FCPA Update: Part 1

​Washington, D.C. partners F. Joseph Warin, John W.F. Chesley and associate Stephanie Connor are authors of "2015 Mid-Year FCPA Update (Part 1)" published on August 17, 2015 by Westlaw Journal's Government Contract.  The article is the first installment of a two-part series providing an overview of the FCPA as well as domestic anti-corruption enforcement, litigation, and policy developments in the first half of 2015.

Article | August 17, 2015

Jurisdictional Issues In Recent Gov’t Contracts Cases: Part 2

​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

Jurisdictional Update On 2015 Gov’t Contracts Cases: Part 1

​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

2015 Mid-Year Government Contracts Litigation Update

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 Mid-Year Update on Corporate Non-Prosecution Agreements (NPAs) and Deferred Prosecution Agreements (DPAs)

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

2015 Mid-Year False Claims Act Update

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

2015 Mid-Year FCPA Update

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

A Dealmaker’s Guide to National Security Implications of Foreign Investment in U.S. Government Contractors

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

The New Uncompensated Overtime Rule

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

2014 Year-End False Claims Act Update

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

2014 Year-End Update on Corporate Non-Prosecution Agreements (NPAs) and Deferred Prosecution Agreements (DPAs)

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

2014 Year-End FCPA Update

In this alert, Gibson Dunn lawyers describe five trends in FCPA enforcement they observed between 2005 and 2015.

Client Alert | January 5, 2015

Sweeping Executive Order Increases Government Contractors’ Labor Law Compliance Burdens

On July 31, 2014, President Obama issued the Fair Pay and Safe Workplaces Executive Order (E.O.

Client Alert | August 13, 2014

2014 Mid-Year False Claims Act Update

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

2014 Mid-Year Update on Corporate Non-Prosecution Agreements (NPAs) and Deferred Prosecution Agreements (DPAs)

As the debate continues over whether and how to punish companies for unlawful conduct, U.S.

Client Alert | July 8, 2014

2014 Mid-Year FCPA Update

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

2013 Year-End Update on Corporate Non-Prosecution Agreements and Deferred Prosecution Agreements (Part 2)

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

The Department of Defense Issues New Regulations Regarding Security Clearances for Companies with Foreign Ownership

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

2013 Year-End Update on Corporate Non-Prosecution Agreements and Deferred Prosecution Agreements (Part 1)

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

National Security Implications of Foreign Investment in U.S. Government Contractors Edition/II

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

Mexican Energy Reform: New Investment Opportunities Ahead

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

2013 Year-End False Claims Act Update

$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

2013 Year-End Update on Corporate Non-Prosecution Agreements (NPAs) and Deferred Prosecution Agreements (DPAs)

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 Year-End FCPA Update

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

Penalties For Unallowable Costs

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

2013 Mid-Year False Claims Act Update

$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

2013 Mid-Year Update on Corporate Deferred Prosecution Agreements (DPAs) and Non-Prosecution Agreements (NPAs)

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

2013 Mid-Year FCPA Update

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

Contractor Reporting Requirements in the Wake of Implementation of the System for Award Management

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

Welcome to the United States? New York Federal Court Issues Pair of Important FCPA Rulings Regarding Foreign Business Executives

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

2012 Year-End False Claims Act Update

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

2012 Year-End Update on Corporate Deferred Prosecution Agreements (DPAs) and Non-Prosecution Agreements (NPAs)

"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

2012 Year-End FCPA Update

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

Records Retention, Untimely Audits And Cost Allowability

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

Decoding FCPA Enforcement: The U.S. Government Issues Comprehensive Guidance on the Foreign Corrupt Practices Act

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

Sequestration Mechanics Under the BCA

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

Government Contractors Beware: Recent Federal Appellate Decisions Are Sure to Fuel Increased FCA Litigation

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

2012 Mid-Year False Claims Act Update

For years, on these pages, we have marveled at the precipitous increase in False Claim Act (FCA) enforcement.

Client Alert | July 12, 2012

2012 Mid-Year Update on Corporate Deferred Prosecution and Non-Prosecution Agreements

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

2012 Mid-Year FCPA Update

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

U.S. Sentencing Commission Approves Increased Penalties for Certain Fraud Offenses

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

More CERCLA Recovery Hurdles For ‘Compelled’ Costs

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

2011 Year-End False Claims Act Update

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

2011 Year-End Update on Corporate Deferred Prosecution and Non-Prosecution Agreements

During the past decade, the U.S.

Client Alert | January 4, 2012

2011 Year-End FCPA Update

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

The Contract Disputes Act Statute Of Limitations: Take Your Time, DOD

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

The Federal Awardee Performance & Integrity Information System

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

Special Allocations Under the Cost Accounting Standards

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

FCPA: Who Is a Foreign Official?

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

2011 Mid-Year False Claims Act Update

$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

2011 Mid-Year Update on Corporate Deferred Prosecution and Non-Prosecution Agreements

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

2011 Mid-Year FCPA Update

For years now, we have been documenting the unprecedented surge of anti-corruption enforcement activity by the two regulators charged with enforcing the Foreign Corrupt Practices Act ("FCPA")--the U.S.

Client Alert | July 11, 2011

U.S. Supreme Court Holds That the Bayh-Dole Act Does Not Automatically Vest Title to Federally Funded Inventions in Federal Contractors

On June 6, 2011, the Supreme Court in Board of Trustees of the Leland Stanford Junior University v. Roche Molecular Systems, Inc., 563 U.S. ___ (2011), held that the University and Small Business Patent Procedures Act of 1980--popularly known as the Bayh-Dole Act, 35 U.S.C.

Client Alert | June 7, 2011

U.S. Department of Defense Issues Interim Rule to Require Withholding of Payments to Contractors with Deficient Business Systems

On May 18, 2011, the Department of Defense (DoD) published an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) and defining the elements of and process for determining the acceptability of six contractor business systems.  The interim rule would require Contracting Officers (COs) to withhold a percentage of payments from contracts with DoD contractors that fail to maintain "acceptable business systems."  This interim rule took effect on May 18 and applies to solicitations issued on or after that date.  It does not require modification of existing contracts, with the exception of Indefinite Delivery/Indefinite Quantity (IDIQ) contracts.  The interim rule follows two earlier proposals on the same topic, published on January 15,

Client Alert | May 24, 2011

Know Your Cost Regulations: The Public Relations and Advertising Costs Principal (FAR 31.205-1)

Washington, D.C. partner Karen Manos is the author of "Know Your Cost Regulations: The Public Relations and Advertising Costs Principal (FAR 31.205-1)" [PDF] published in the May 2011 issue of the Government Contract Costs, Pricing & Accounting Report.

Client Alert | May 1, 2011

Proposed Organizational Conflict of Interest Rule Emerges

On April 26, 2011, the Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) proposed to substantially amend the Federal Acquisition Regulation (FAR) to provide more comprehensive guidance concerning organizational conflicts of interest (OCI) and contractor access to nonpublic information.  The proposed rule comes more than three years after the FAR Councils issued an advanced notice of proposed rulemaking seeking information regarding the need to revise the FAR's OCI provisions, and almost four years after a report issued by the Acquisition Advisory Panel (established by the Services Acquisition Reform Act of 2003) concluded that the FAR does not adequately address OCI.  Multiple statutory provisions have als

Client Alert | April 28, 2011