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National Defense February 2009 David H. Laufman	Mandatory Disclosure Regime Raises Stakes for Contractors A new regulatory enforcement regime has now commenced that underscores the Department of Justice's aggressive approach to procurement fraud and dramatically increases the compliance and disclosure obligations of defense contractors.
National Defense May 2010 Dorn C. McGrath	Contractors Must Begin to Update Integrity Database The National Defense Authorization Act of 2009 now requires the government to develop and maintain an information system containing specific information on the integrity and performance of federal contractors and grantees.
National Defense December 2009 McGrath & Connolly	Industry Should Prepare for Review of Ethics Programs Contractors may soon have more complete answers as to how the Defense Department will verify contractor compliance with the Federal Acquisition Regulation's recent ethics program requirements.
National Defense April 2008 McGrath & Connolly	New Rules For Federal Contracts Effective Dec. 24, 2007, the government-wide federal acquisition regulation (FAR) mandates a written code of ethics for almost all government contractors.
National Defense February 2009 McGrath & Connolly	Final Rules on Mandatory Disclosure Effective Dec. 12, 2008, government contractors will face what rule authors characterize as a "sea change" in how government enforcement authorities expect to govern in the future.
National Defense September 2012 Richard L. Moorhouse	Implementing Evolving Disclosure Rules Federal government oversight, scrutiny of contractors and enforcement actions are on the rise.
National Defense March 2015 Grandon & Robbins	Suspension and Debarment of Contractors: Is It Going Too Far? Suspensions and debarments to exclude government contractors from the federal marketplace incite passions on all sides.
National Defense May 2013 Canni & Levy	Agencies Becoming More Aggressive in Pursuit of Contractor Wrongdoing After years of congressional complaints, federal agencies are responding to concerns about how they handle contractor debarments and suspensions. New civilian debarment offices have emerged and are becoming active.
National Defense September 2014 James C. Fontana	Attorney-Client Privilege in Fraud Suits at Risk Government contractors typically maintain ethics compliance programs, which are mandated by the Federal Acquisition Regulation and are part of the industry's best practices.
National Defense May 2005 Dorn McGrath	Misconduct Unrelated to Federal Contracts Could Lead To Suspension or Debarment Front-page stories on Enron, Arthur Andersen and WorldCom should make evident that failure to fully integrate corporate compliance throughout the company could prove fatal to government business.
National Defense July 2014 Chris Nagel	Whistleblowers Cash In On False Claims Act A startling trend in defense contracting is the recent rise in payments made by industry to government agencies and whistleblowers under the False Claims Act.
National Defense November 2004 Joe Reeder	Association Unveils New Ethics Code for Industry The National Defense Industrial Association's Ethics Committee has developed a benchmark statement of industry ethics for companies to incorporate into their day-to-day business.
National Defense February 2013 Jack & Kaprove	New Anti-Human Trafficking Rules to Come A new presidential executive order released on Sept. 25 enhanced anti-trafficking compliance obligations covering federal contractors.
National Defense January 2012 David Hickey	Cutting Costs Does Not Require Cutting Compliance Lest anyone think the federal government will tolerate less contractor compliance, the current environment indicates that it is much more likely that the government will pursue allegations of non-compliance, fraud, waste and abuse with even greater vigor.
National Defense June 2015 Bruce J. Casino	All Government Contractors Subject to New Human Trafficking Rule Effective March 2, a new federal government rule concerning human trafficking went into effect, directly impacting all 300,000 plus government contractors and many more subcontractors.
National Defense November 2013 John D. Altenburg	Winding Down War Zone Contracts As with any arduous task for which a completion date is announced, the government assumed the risk of Afghanistan defense contractor lethargy -- or worse -- when it announced when the war will end.
National Defense April 2012 McGrath & Jack	Publicly Available Information Should Be Promptly Reviewed As of Jan. 3, contractors have seven calendar days to review information after it is posted in the Federal Awardee Performance and Integrity Information System and object to its public release if a Freedom of Information Act exemption applies.
National Defense June 2008 D'Agostino & Parker	Self-Disclosure Rules Create Ambiguities It is unclear if a recently proposed disclosure regulation will become final, but the attention it has received from Congress suggests increased mandatory disclosure is likely to occur in some form.
National Defense March 2012 Jacob Pankowski	Take Heed of Post-Employment Restrictions The new Defense Acquisition Regulation System clause requires offers on Defense Department contracts to represent that all covered ex-department officials expected to work on any resulting contract are in compliance with all post-employment restrictions.
National Defense October 2011 Steve Epstein	Defense Department Contractors May See New Hiring Regulations A proposed Defense Department regulation, if implemented, will substantially change how contractors hire, oversee and track certain former civilian and military personnel.
National Defense March 2015 James A. "Ty" Hughes	Rules Issued to Combat Human Trafficking On Jan. 29, the Federal Acquisition Regulatory Council issued its final rule amending the federal acquisition regulations to strengthen protections against trafficking in persons in federal contracts.
National Defense November 2007 Hickey & Connolly	Ethical Lapses Provide Valuable Training Tool A recently proposed amendment to the Federal Acquisition Regulations would call upon all government contractors to have a written code of ethics and business conduct.
National Defense April 2009 Hickey & Parker	White House Kicks Off New Wave of Reforms Pledges and actions in the president's first few weeks in office, signal that increased ethics restrictions on government appointees, lobbyists and contractors have arrived.
National Defense November 2014 Tompkins et al.	Executive Orders Require Vendors' Attention While the use of executive orders and the federal procurement process to implement non-procurement policy are not new phenomena, contractors should consider these issues with renewed focus.
National Defense February 2012 Sean M. Connolly	Update Emerges For New Personal Conflicts of Interest Rule Effective Dec. 2, 2011, the Federal Acquisition Regulation requires U.S. government contractors and subcontractors to prevent personal conflicts of interest that arise during their employees' performance of certain acquisition functions.
National Defense September 2013 Ryan C. Bradel	Proposed Bill Seeks to Rein In Fraud, Abuse Rep. Darrell Issa, R-Calif., chair of the House Committee on Oversight and Government Reform in February issued a "discussion draft" of newly proposed legislation entitled the Stop Unworthy Spending Act, or SUSPEND Act, aimed at reforming the federal suspension and debarment system.
National Defense June 2005 L. James D'Agostino	Raising the Bar To Meet the Next Wave of Reform Recent procurement scandals have prompted numerous ethics reform initiatives by federal prosecutors, regulators and legislators. Given the volume of spending related to Operation Iraqi Freedom and on-going homeland-security initiatives, the industry can expect the greatest level of scrutiny since Operation Ill Wind in the 1980s.
National Defense October 2009 Stephen Epstein	Companies Must Beware of New 'Revolving Door' Policies Relationships between government and private contractor representatives must be carefully approached as recent front page stories highlighting allegations of collusion and impropriety have shown.
National Defense January 2014 Cannon & Scott	Anti-Bribery Law Demands Vigilance November marked the one-year anniversary of the release of the resource guide to the Foreign Corrupt Practices Act, and should serve to remind all defense contractors of the critical importance of keeping their compliance program current and effective.
National Defense March 2011	Statement of Defense Industry Ethics In November 2004, after several months of in-depth review the National Defense Industrial Association finalized and published its Code of Ethics. Five years later in 2009, NDIA undertook to review, and, in a small number of ways made minor but we believe worthy revisions.
Pharmaceutical Executive January 1, 2013 Ben Comer	Compliance in the C-Suite Compliance officers have risen into pharmaceutical management's highest ranks, by choice in some organizations, and by government decree in others. Either way, their importance as a strategic partner can hardly be understated.
National Defense October 2015 Berry & Hutchens	Creating an Ethics Compliance Program Government agencies and mature prime contractors expect emerging contractors to reflect the same "culture of ethics and compliance" that large companies commit substantial resources to implementing.
National Defense March 2006 Thomas O. Miller	Corporate Liability: Beware of Rogues And Ostriches A corporation can be liable for a criminal or Civil False Claims Act violation stemming from the conduct of "rogue employees," who are politely known as "adverse agents," and employees who are willfully blind or deliberately ignorant of ethical, legal and contractual requirements.
National Defense June 2012 David T. Hickey	Small Business Compliance Issues Receive Increased Scrutiny The president and his administration, lawmakers, prosecutors, inspectors general, auditors, reporters, whistleblowers, company compliance officers, and industry watchdogs all seek to identify and eliminate fraud, waste and abuse from federal programs.
National Defense January 2006 Reeder & Hickey	Make Commitment To Corporate Ethics The National Defense Industrial Association puts ethical conduct on par with shareholder profits and believes maintaining the highest ethical standards throughout the defense industry has never been more important to the country.
Real Estate Portfolio Jul/Aug 2002 Kenneth L. Betts	Avoiding Enron: Counseling the Audit Committee In general, the role of the audit committee is to review the financial operations and statements of a company and to affirm the integrity and accuracy of the preparation and dissemination of that information. Now audit committees need closer observation, support and liability protection.
National Defense July 2007 Manik K. Rath	Mergers, Acquisitions Call for Added Scrutiny When acquiring or merging with any government contractor, reviewing ethics policies, compliance programs, and all recent voluntary disclosures will provide a wealth of invaluable information.
Financial Planning September 1, 2006 Jane Worthington	Accounting for Compliance Instead of viewing compliance as a necessary evil, financial advisors should see it as a cost of doing business and learn how to quantify that cost.
National Defense May 2011 Dawn M. Lurie	DHS Expands Monitoring of Federal Contractors This initiative includes a sharp focus on employer compliance along with higher fines for those hiring undocumented workers.
National Defense September 2007 D'Agostino & Connolly	Contractors See Rise in Fraud Counterclaim Government contract fraud counterclaims are on the rise, and court decisions increasingly are recognizing fraud liability.
National Defense May 2010 Stew Magnuson	DHS Promises More Penalties for Poorly Performing Contractors A senior Homeland Security official has promised more accountability after revelations that the department in its first years rarely ever suspended or debarred contractors for poor performance.
National Defense January 2007 David Hickey	Companies Must Set and Review Compliance Priorities As 2006 closed, the Department of Justice's criminal division announced the formal creation of a national task force "to promote the prevention, early detection and prosecution of procurement fraud."
National Defense August 2012 Corrigan & Kaprove	Defense Bill Shows Importance of Ethics and Compliance Programs At one hearing held by the Senate Homeland Security and Governmental Affairs Committee in November, Committee Chairman Sen. Joe Lieberman, I-Conn., criticized agencies for using suspension and debarment "all too rarely," and thereby permitting millions of dollars of waste, fraud or abuse.
National Defense March 2004 Richard J. Bednar	Small Companies Need Ethics Programs Too The Defense Industry Initiative on Business Ethics and Conduct (DII)-- focused on defense industry ethics and conduct programs since its inception in 1986--has developed a "tool kit" to help smaller defense contractors plan ethics and conduct program.
National Defense August 2014 Jamal Ahmed	Eight Easy Steps to Ethics Success To this day, "betterment" is a concept synonymous with the construction, engineering, staffing and defense firm, Day & Zimmerman.
National Defense January 2009 Sandra I. Erwin	Industry Braces for Bigger Crackdown on Corruption Federal regulators recently introduced new anticorruption rules that lawyers inside the Beltway have characterized as unprecedented in their scope and power.
CFO April 15, 2012 Sarah Johnson	Coverage for Uncovered Secrets New insurance products will compensate companies for the costs of internal investigations.
National Defense November 2015 Bradel & Ralph	Justice Memo Calls for Absolute Cooperation The Foreign Corrupt Practices Act is a statute aimed at eliminating corporate bribery of foreign government officials. A defense contractor doing work overseas must be familiar with its tenets.
National Defense January 2015 Ryan Berry & Guy Filippelli	Compliance Programs Need Data Analytics Without data analytics tools, companies remain dependent on human identification of risks and violations. Their compliance efforts often consist only of training employees to spot misconduct, and in setting aside financial reserves to fund expensive, after-the-fact investigations by outside counsel.
National Defense February 2004 James McAleese	Safe Harbors of Ethical Conduct Needed in Defense Procurement In light of a recent series of isolated, highly controversial public scandals with respect to several major defense acquisition programs, it is important to create "safe harbors" of conduct so that both government and contractor personnel can work as a cohesive team .