167 Search Results

May 18, 2021 |
President Biden Issues Executive Order to Enhance U.S. Cybersecurity in the Wake of Major Cyber Incidents

I.  Introduction Following two major cybersecurity events, President Biden issued a sweeping Executive Order on May 12, 2021,[1] 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

April 20, 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 t

January 27, 2021 |
2020 Year-End False Claims Act Update

Looking back on the incredible year that was 2020, some observers of the False Claims Act (“FCA”) 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 invest

October 1, 2020 |
Executive Order on Combating Race and Sex Stereotyping

OVERVIEW On September 22, 2020, President Trump issued an Executive Order “On Combating Race and Sex Stereotyping” (“the EO”), which prohibits government contractors from including certain so-called “divisive concepts” in employee workplace training.[1]  The EO aims to curb workplace training materials “teaching that

March 19, 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. Notably, the President stated that he

January 30, 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. Brussels partners Peter Alexiadis and David Wood, London partner Ali Nikpay, Los Angeles partner Daniel Swanson, San Francisco partner Trey Nicoud, and Washington, D.C. partners D. Jarre

November 6, 2019 |
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.  The Who’s Who Legal Government Contracts 2019 guide recognized Washington, DC partners Karen Manos and Joseph West. The Who’s Who Legal Environment and Climate

July 16, 2019 |
2019 Mid-Year False Claims Act Update

As we progress through the Trump Administration’s third year, robust False Claims Act (“FCA”) enforcement continues. At the same time, the Administration has continued to signal a greater openness to tempering overly aggressive FCA theories. In the past six months, the Department of Justice (“DOJ”) issued long-awaited gui

February 14, 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.  This publication covers the waterfront of the opinions most important to this audience issued by the U.S. Court of Appeals for the Federal Circu

January 9, 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.

November 29, 2018 |
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: Karen Manos was named a Top Lawyer in Government Contracts – Karen is Chair of the firm’s Government Contracts Practice Group.  She has nearly 30 years’ experience on a broad range o

July 30, 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.  This publication covers the waterfront of the opinions most important to this audience issued by the U.S. Court of Appeals for the Federal Circui

July 9, 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.  Although this update captures developments through June 30, the enforcers did not have a rep

June 20, 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").  The remarks, delivered at the American Bar Association's 12th National Institute on the Civil False Claims Act and Qui Tam Enforcement, included extens

March 16, 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, inclu

February 1, 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).  The article explains the relevance of compliance for business and governmental agencies.

November 15, 2017 |
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. 3112-4 du CGPPP et indique que la réduction significative du péri

February 6, 2018 |
DOJ Policy Statements Signal Changes in False Claims Act Enforcement

The Department of Justice issued two internal memoranda in January that, taken together, reflect the Trump Administration's first significant policy statements on False Claims Act (FCA) enforcement.  The first memorandum directs government attorneys evaluating a recommendation to decline intervention in a qui tam FCA suit to conside

January 24, 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.

January 16, 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.  This publication covers the waterfront of the opinions most important to this audience issued by the U.S. Court of Appeals for the Federal Circu

August 9, 2017 |
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. The U.S. Department of Justice has made clear that vigorous FCA enforcement is here to stay,  with newly filed cases remaining at historical peak levels and the DOJ  o

July 24, 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. Court of Appeals for the Federal Circuit, U.S. Court of Federal Claim

February 2, 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.  This publication covers the waterfront of the most important opinions issued by the U.S. Court of Appeals for the Federal Circuit, U.S. Court of Federal Claims, Armed Services

January 5, 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.  It is also clear that the U.S. government, state governments, and private whistleblo

November 14, 2016 |
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. This webcast focuses on these unique problems facing defense companies when they a

October 31, 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.[1]  As one of several recent announcements by DoD regarding cybersecurity requirements for contractors,[2] the rule underscores the importance to D

October 25, 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"

August 1, 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. Court of Appeals for the Federal Circuit, U.S. Court of Federal Claims, Armed Ser

July 7, 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).  And these changes usher in a new and uncertain era of exposure for companies that do business with the government.  As we have reported for years, the FCA routinely r

May 31, 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.

January 19, 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. Court of Appeals for the Federal Circuit, U.S. Court of Federal Claims, Armed Se

January 6, 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").  An impressive amount, no doubt.  But what is remarkable is t

January 5, 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.  T

January 4, 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.  No longer may entities operating abroad focus their attention narrowly on the two domestic enforcers of the Foreign Corrupt Practices Act ("FCPA")--the U.S. Department of

December 3, 2015 |
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

August 17, 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

August 5, 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.

August 4, 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.

July 29, 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. Court of Appeals for the Federal Circuit, the U.S. Court of Federal Claims, the Armed Services Board of Contract Appeals, and the Civilian Board of Contract Appeals over the firs

July 8, 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").  The Department of Justice's ("DOJ") leadership has articulated new bright-line approaches to post-resolution conduct, including the unprecedented

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. § 3729 et seq., 2015 looks to be another banner year.  In just the first six months of 2015, the government and qui tam relators have racked up mo

July 6, 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 actio

June 30, 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. Government Contractors" [PDF] published in the June 2015 issue of Thomson

March 16, 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.

January 7, 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. §§ 3729-3733 (the "FCA" or the "Act"). Not to be outdone, 2014 saw a new, historical high-water mark of $5.7 billion in recoveries. And this recent history, and forecasts for 2015, suggest the flo

January 6, 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. government an avenue both to punish and refor

January 5, 2015 |
2014 Year-End FCPA Update

Within the last decade, Foreign Corrupt Practices Act ("FCPA") enforcement has become a juggernaut of U.S. enforcement agencies.  Ten years ago, we published our first report on the state-of-play in FCPA enforcement.  Although prosecutions were at the time quite modest--our first update noted only five enforcement actions in 2004--we observed an

August 13, 2014 |
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. 13,673).  The most recent in a series of Presidential actions aimed at federal contractors, the Order--as described in a related Fact Sheet--aims to "crack down" on employers who do not "play by the rules" by (1) refusing wo

July 9, 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.  In that time period alone, the Department of Justice ("

July 8, 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. federal prosecutors continue to rely significantly on Non-Prosecution Agreements ("NPAs") and Deferred Prosecution Agreements ("DPAs") (collectively, "agreements").[1]  Such agreements have emerged as a flexible alternative

July 7, 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.  From football to finance, presidents to parliamentarians, no industry or individual was immune from the re

May 1, 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 11, 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").[1]  These new regulations are solely focused on the Defense Security Service's ("DSS") evaluation

April 1, 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.

March 3, 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. Government Contractors Edition/II" [PDF] published in the March 2014 issue of Thomson Reuters's Briefing Papers.

January 9, 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.  His most recent efforts take aim at liberalizing the Mexican oil and gas sector and the iconic national petroleum company, Petróleos M

January 8, 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. §§ 3729-33 (the “FCA” or the “Act”).[1]   This amount marks the second largest haul in history and the fourth consecutive fiscal year in which the government recovered more t

January 7, 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”)[1] have become embedded in the toolbox of U.S. federal prosecutors to address allegations of corporate misconduct.  Prosecutors and companies alik

January 6, 2014 |
2013 Year-End FCPA Update

It has been another year of plenty for enforcement of the U.S. Foreign Corrupt Practices Act (“FCPA”) and international anti-corruption statutes worldwide.  From a return to the robust enforcement totals of recent years, to a nearly fourfold increase in the size of the average corporate fine, to increasingly aggressive deployment of traditiona

September 1, 2013 |
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.

July 10, 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. §§ 3729-3733 (the "FCA" or the "Act"), in 2012.[1]  More than 782 new FCA matters were filed in that year, and more than 640 of those were initiated by "whistleblowers" filin

July 9, 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")[1] 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 i

July 8, 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 b

May 31, 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.

February 28, 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. stock exchange.

January 8, 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.  In 2012, those efforts remained unabated.  The federal government recovered approximately $5 billion in the last fiscal year alone from settlements and judgments in cases filed under

January 3, 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. Department of Justice's Criminal Division, declared on September 13, 2012.[1]  Corporate Deferred Prosecution Agreements ("DPAs") and Non-Prosecution Agreements (

January 2, 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).  Does this portend the end of the FCPA Era--left on the cutting room floor of the Sequester?  Can U.S. companies relax their vigilance? 

January 1, 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. Reprinted with permission, © January 2013, Thomson Reuters/West.

November 19, 2012 |
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. Foreign Corrupt Practices Act (the "Guide" or "Resource Guide"), the much-anticipated guidance regarding the FCPA.  In the spirit of helping businesses of all shapes and sizes to "better u

September 18, 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. Like its fictional counterpart, sequestration was never supposed to be used. It was supposed to encourage political leaders to negotiate wi

August 28, 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. ex rel. Little v. Shell Exploration & Prod. Co., the U.S. Court of Appeals for the Fifth Circuit held

July 12, 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.  And now, as if waking to the thunderous sound of the Department of Justice's own efforts, the new Acting Assistant Attorney General, "ha[s] been struck by the sheer volume of the cases that are brought -- and the recoveries that are obtai

July 10, 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. Department of Justice ("DOJ") for resolving allegations of corporate criminal wrongdoing.  Since 2000, DOJ entities have entered into 230 re

July 9, 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

April 18, 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, promu

April 12, 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.

January 5, 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.  And 2011 was no exception.  In its fiscal year ended September 30, 2011, the federal government recovered approximately $3.03 bi

January 4, 2012 |
2011 Year-End Update on Corporate Deferred Prosecution and Non-Prosecution Agreements

During the past decade, the U.S. Department of Justice ("DOJ") has increasingly relied on Deferred Prosecution Agreements ("DPAs") and Non-Prosecution Agreements ("NPAs") to resolve allegations of corporate criminal misconduct.  Indeed, Gibson Dunn negotiated a DPA for a major retailer more than a decade ago. 

January 3, 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.  Tho

November 1, 2011 |
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.

October 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.

September 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.

August 8, 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.

July 14, 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

July 12, 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 "Comm

July 11, 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. Department of Justice ("DOJ") and Securities and Exchange Commission ("SEC").  As the wave crested, these FCPA en

June 7, 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. §§ 200-212--does not automatically vest title to federally funded in

May 24, 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 p

May 1, 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.

April 28, 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 i

April 4, 2011 |
Small Business Jobs and Credit Act of 2010: Implications for Government Contractors

On September 27, 2010, President Obama signed into law the Small Business Jobs and Credit Act of 2010 (Pub. L. No. 111-240).  The Act, designed to stimulate the small business sector and create jobs, contains a number of provisions that could have a significant impact on government contractors.  The Small Business Administration ("SB

March 30, 2011 |
New Law Imposes Excise Tax on U.S. Government Payments to Foreign Entities

On January 2, 2011, the United States imposed a two-percent excise tax on payments received by foreign entities for the sale of goods or services to the U.S. government.  The United States enacted this tax through the James Zadroga 9/11 Health and Compensation Act (the "Act") to pay for benefits for persons affected by the September

February 25, 2011 |
FAPIIS, OCI and Proposed DFARS Rule to Require Withholding of Payments to Contractors for Deficient Business Systems

Washington, D.C. partner Diana Richard spoke at Thomson West's Government Contracts Year In Review on FAPIIS, OCI and Proposed DFARS Rule to Require Withholding of Payments to Contractors for Deficient Business Systems [PDF].

January 25, 2011 |
7th Annual Webcast Briefing on Challenges in Compliance and Corporate Governance

While compliance professionals struggle to balance developing, implementing and monitoring effective compliance programs with the reality of shrinking resources and budgets, the risks involved in non-compliance are higher than ever. Join our experienced securities law, corporate governance, white collar defense and investigations, and government co

January 6, 2011 |
2010 Year-End False Claims Act Update

Printable PDF False Claims Act litigation and enforcement exploded in 2010 with unprecedented intensity.  Indeed, the government secured more than $3 billion in civil settlements and judgments for its fiscal year ending September 30, 2010--a 25% increase over the previous year and the second-largest yearly recovery amount ever.[1]  The Justice

January 4, 2011 |
2010 Year-End Update on Corporate Deferred Prosecution and Non-Prosecution Agreements

The United States Department of Justice ("DOJ") has long had discretion to defer or decline prosecution of a corporation, for a host of reasons.  But over the past decade, the formalization of the declination process for corporations via deferred prosecution agreements ("DPAs") and non-prosecution agreements ("NPAs&quo

January 3, 2011 |
2010 Year-End FCPA Update

Printable PDF"FCPA enforcement is stronger than it's ever been -- and getting stronger."  So declared Assistant Attorney General Lanny A. Breuer on November 16, 2010, addressing a packed audience at the American Conference Institute's 24th National Conference on the Foreign Corrupt Practices Act ("FCPA").  With a nearl

December 7, 2010 |
U.S. Department of Defense Issues Revised Proposed Rule to Require Withholding of Payments to Contractors with Deficient Business Systems

On December 3, 2010, the Department of Defense (DoD) published a proposed rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to require Contracting Officers (COs) to withhold a percentage of payments from all contracts with DoD contractors that fail to maintain "acceptable business systems." This revised proposed

December 6, 2010 |
D.C. Circuit Rejects the Government’s Sweeping “Collective Knowledge” and Damages Theories Under the False Claims Act

On December 3, 2010, a panel of the United States Court of Appeals for the D.C. Circuit vacated a False Claims Act ("FCA") judgment against Science Applications International Corporation ("SAIC") and rejected the government's expansive "collective knowledge" and damages theories under that punitive statute.  The D