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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 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 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 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 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. |
Entrepreneur October 2003 Jane Easter Bahls |
Ties That Bind Are you within your rights to require employees to sign a binding arbitration agreement? |
Job Journal December 7, 2003 Michael Kinsman |
The Arbitration Option More and more workplace disputes are going to arbitration. |
National Defense May 2012 Stafford & Kaprove |
Mitigating the Risk of Defense Base Act Insurance The Defense Base Act requires many U.S. government contractors and subcontractors to provide workers' compensation insurance to their overseas-based employees working on U.S. military bases and government projects. |
National Defense September 2013 Sandra I. Erwin |
New Whistleblower Law: What It Means for DoD Contractors Thanks to a new contractor whistleblower protection law, the Inspector General hotline might begin to ring more often in the years ahead, government officials and watchdog groups predict. |
National Defense March 2014 Hill & Haas |
New Rule Forces Contractors to Report Cybersecurity Incidents The Defense Federal Acquisition Regulation Supplement Final Rule, issued Nov. 18, will provide increased protections for unclassified controlled technical information residing on or transiting through the networks of defense contractors and their subcontractors. |
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 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 January 2011 Stafford & Stapleton |
New Executive Pay Rules Go Into Effect The comment period recently ended for an interim rule, "Reporting Executive Compensation and First-Tier Subcontract Awards," which implements the Federal Funding Accountability and Transparency Act. |
National Defense November 2009 McGrath & Lurie |
New Employment Eligibility Rules Take Effect As of Sept. 8, contractors and subcontractors must focus attention on the new "E-Verify" requirements to confirm employment eligibility of all newly hired employees and all employees assigned to federal government contracts. |
On Wall Street September 1, 2008 Alan J Foxman |
Court or Arbitration Sexual harassment claims can go to court under FINRA's rules, but some employment contracts call for arbitration... If I leave my firm can they get an injunction preventing me from taking my clients? Can this go to arbitration? |
National Defense August 2010 McQuade & Jack |
New Rule Proposed For Organizational Conflicts of Interest The Defense Department issued a proposed rule to amend the Defense Federal Acquisition Regulation Supplement to impose uniform guidance and tighten existing regulations on organizational conflicts of interest. |
National Defense June 2006 Stuart B. Nibley |
Defense Production Act Speeds Up Wartime Purchases The DPA is laced with provisions and omissions that leave gaps in the traditional relationship between the government and its contractors. Patriotic contractors will embrace the opportunity to assist the federal government. However, in doing so, they also must remain contractually agile and ever vigilant in guarding their legal rights. |
Investment Advisor December 2007 Thomas D. Giachetti |
Use Them, but Carefully By all means, place arbitration clauses in IA contracts, but do it right. |
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 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 . |
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 January 2013 McGrath et al. |
Tough Penalties for Failing to Comply With Immigration Rules Since 2009, the E-Verify Federal Contractor Rule requires most U.S. government contractors and subcontractors to verify the employment eligibility of employees assigned to federal contracts, and all newly hired employees. |
Inc. June 2005 Dimitra Kessenides |
Can't We All Get Along? As litigation costs rise, more businesses turn to arbitration. |
National Defense September 2010 Bombach & Jack |
Contractors Must Take Ownership of Export Control Compliance A recent change to the Defense Federal Acquisition Regulation Supplement provides an important reminder that all Defense Department contractors and subcontractors must implement effective export controls compliance programs to meet government contracting requirements. |
On Wall Street September 1, 2010 Mark Astarita |
Denying Advisors A Legal Forum As part of the Dodd-Frank Wall Street Reform Act, Congress has given the SEC the authority to prohibit or impose conditions upon the use of pre-dispute arbitration agreements by brokerage firms and federally registered investment advisors. |
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 February 2010 Sean M. Connolly |
New Personal Conflicts of Interest Rules Proposed Federal Acquisition Regulations call for contractors to police their employees' personal conflicts of interest or face serious disciplinary action. |
National Defense March 2013 Lepow & Specht |
New Defense Legislation a Mixed Bag for Small Business The 2013 National Defense Authorization Act included several provisions related to small businesses, which include expanded opportunities as well as potentially harsher penalties for failure to follow regulations. |
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 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 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. |
Commercial Investment Real Estate Mar/Apr 2004 John A. Sherrill |
Legal Briefs Commercial real estate companies are turning to alternative dispute resolution to solve disagreements with partners, suppliers, customers, and other professionals with whom they have contractual relationships. |
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. |
Entrepreneur August 2007 Laurel Delaney |
Finding a Middle Ground with Overseas Buyers Arbitration can settle cross-border disputes. |
National Defense August 2011 D'Agostino & Jack |
New Rule Proposed For Organizational Conflicts of Interest On April 26, the government proposed major changes to rules concerning organizational conflicts of interest under the Federal Acquisition Regulation. |
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 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. |
The Motley Fool October 5, 2007 Selena Maranjian |
Credit Card Fine Print Can Cost You Be careful, or you may end up ensnared by credit card arbitration. A recent study in California showed in 95% of these arbitration cases, the consumer lost. What can you do about this? |
National Defense January 2016 Cassidy et al. |
Defense Increases Scrutiny of Supply Chain The Defense Department has offered some clarification on how it plans to deal with suppliers that pose potential security risks. |
National Defense March 2007 Ebner & Menker |
Message to Industry: `Do the Right Thing' Recent headlines have raised concerns about how federal procurements were handled on a variety of levels. Introduced last fall, a bill entitled the Clean Contracting Act may pass in the 110th Congress. These proposed changes are a harbinger of things that may come. |
National Defense December 2014 Campbell & Belkin |
Proposed Reporting Rule On Counterfeit Items Adds Burden to Contractors The proposed rules expand obligations for defense and other government contracting manufacturers and suppliers well beyond mere counterfeit issues. |
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. |
Job Journal September 7, 2003 Bob Rosner |
All Workers Are Created Equal All employees have a right to fair and equal treatment. |
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. |
Managed Care June 2002 Bob Carlson |
First Business, Now Health Care: Signing Away One's Right To Sue More and more, mandatory arbitration clauses are surfacing in agreements between businesses and individuals. Will the line be drawn at managed care? |
National Defense January 2009 Reeder & Connolly |
Conflict-of-Interest Plight Can Be Avoided Recently, one of the nation's largest government contractors faced a federal jury verdict that it violated the False Claims Act and breached two contracts with an independent federal agency based on failure to disclose conflicts of interest. |
National Defense October 2007 Corrigan & Stafford |
Complying With the Berry Amendment Of all domestic preference laws and regulations, the Berry Amendment may concern defense contractors most. |
National Defense February 2006 Reeder & Hickey |
Defense Industry Political Activities: Do's and Don'ts Basic knowledge of the do's and don'ts of corporate political activity will prevent serious and potentially embarrassing pitfalls, and corporate leaders must know or be able to assess quickly the nuances before permitting any financial participation by anyone. |
The Motley Fool September 14, 2006 Dan Caplinger |
The Definition of Independence For a small-business owner, hiring an employee is a big step. Ignoring the rules classifying employees can be a costly tax mistake for your business. |