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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 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 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 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 June 2014 David Robbins	Embracing Mandatory Disclosure Can Save Contractors Time, Trouble and Legal Fees The mandatory disclosure rule -- which requires federal government contractors to report fraud and overpayments -- is in the news again.
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 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 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 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 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 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 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 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 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 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.
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.
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 October 2006 Fayad & Hickey	Internal Investigations: Accounting for In-House Costs This article examines the treatment of certain costs for an investigation and related corrective measures under the Federal Acquisition Regulation ("FAR"), and distinguishes those in-house costs that may be recovered from those that may not for government 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 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 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 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 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 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.
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 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 July 2006 Dorn C. McGrath	What's Good for the Goose and the Gander Actual bad faith by government officials is relatively rare, but it happens, and making government officials accountable when it does occur is essential to the integrity of our procurement system.
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 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 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 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 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 December 2011 Moorhouse & Jack	Frivolous Bid Protests Come With Risks The government and contractors both invest heavily in the lead up to contract formation, and both are expected to behave ethically towards one another with complete integrity.
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.
Pharmaceutical Executive June 1, 2007 Cook & Leiken	Legal: Foreign Policy Drug companies doing business abroad face a special risk of running afoul of stepped-up enforcement of anticorruption laws.
National Defense July 2015 Terry L. Elling	How to Recruit Government Workers For many government contractors, current and former government employees -- including military service members -- comprise an experienced and valued source of talent.
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 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 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 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 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.
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.
Managed Care January 2001 Mark D. Abruzzo	When Claims Are Audited, Following Compliance Laws Matters Ever since the government intensified its efforts to crack down on medical fraud, and asked the health care community to assist, compliance and compliance planning are the buzzwords. Unfortunately, compliance efforts are often misguided and can put the practice in an awkward position...
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.
National Defense June 2006 D'Agostino & Hickey	Career Transitions, Conflicts of Interest Employees by the thousands transition from military and civilian government service to the private sector. These employees and the companies recruiting and employing them must know the ethical rules applying to the different phases of this transition.
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.
National Defense February 2016 Fenster et al.	Don't Bank on Relief from DCAA Audits The Truth in Negotiations Act is a statute with which defense contractors are likely familiar. It requires contractors to submit current, accurate and complete cost or pricing data when negotiating certain contracts with the government.
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 January 2016 Thomas B. McVey	Executives: Be Wary of Export Regulations One of the important legal requirements facing defense contractors is compliance with International Traffic in Arms Regulations and export controls.