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|Law Enforcement Cannot Freeze Assets Not Tied to Crimes, Supreme Court Rules|
Paul V. Kelly, Ramsay C. McCullough; Jackson Lewis P.C.;
April 19, 2016, previously published on April 1, 2016The U.S. Supreme Court, in a 5-to-3 decision, has ruled that federal law enforcement may not freeze an accused’s assets needed to pay criminal defense lawyers if the assets are not linked to a crime. Luis v. United States, No. 14-419 (Mar. 30, 2016).
|Temporary Staffing Agencies May Require Contractor Licensure, Depending Upon Project Location, and the Answer in Virginia Remains Unclear|
Gretchen M. Ostroff; Vandeventer Black LLP;
February 24, 2016, previously published on February 1, 2016Virginia’s contractor licensing requirements do not specifically address licensure of temporary staffing agencies; but several other states with similar licensing requirements have held that temporary staffing agencies must be licensed as contractors if they supply laborers to construction...
|The FY 2016 National Defense Authorization Act’s Substantial Impact On Federal Procurement—Part II|
Elana Broitman, Melissa P. Prusock, Michael J. Schaengold; Greenberg Traurig, LLP;
February 5, 2016, previously published on January 27, 2016The National Defense Authorization Act for Fiscal Year 2016 (S. 1356), signed into law Nov. 25, 2015, includes major procurement-related reforms. See P.L. 114-92. Most (but not all) of the procurement related provisions are included, as usual, in Title VIII—Acquisition Policy, Acquisition...
|2016 NDAA Makes Critical Changes To Small Business Government Contracting Program|
Ryan C. Bradel, Przemyslaw Kozdoj; Greenberg Traurig, LLP;
January 6, 2016, previously published on December 18, 2015Late last month Congress enacted and the President signed the 2016 National Defense Authorization Act (the “2016 NDAA”) (Pub L. No. 114-92) and, as has been the case with the annual National Defense Authorization Acts in recent years, the 2016 version contains several provisions that...
|“Ban the Box” May Soon Be the Law for Government Contractors|
Bradley C. Tobias; Gentry Locke Rakes & Moore, LLP;
December 8, 2015Many employers are starting to see the term “ban the box” creep into the lexicology of phrases and buzzwords which permeate the regulatory framework imposed on government agencies and government contractors. Across the country, 19 states and more than 100 cities and counties have...
|Sometimes Ignorance or Mistake is a Defense to a Whistleblower Qui Tam Claim|
Bruce E. Reinhart; McDonald Hopkins LLC;
December 8, 2015, previously published on December 4, 2015As qui tam whistleblower cases under the federal False Claims Act proliferate, a government contractor or healthcare provider may best be able to defend itself by showing that it made reasonable, good-faith efforts to comply with legal or contractual requirements, even if its actions ultimately did...
|OFCCP Imposes New Self-Audit Rule for Veteran and Disabled Workers|
Barbara A. Duncombe, Jessica A. Lordi; Taft Stettinius & Hollister LLP;
November 18, 2015, previously published on November 6, 2015The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) published its final rule requiring all covered federal contractors to self-audit their affirmative action programs for veteran and disabled workers. The new self-audit rule is different from the former...
|DoD Won’t Contract With a Company if its Employees Can’t Spill the Beans|
Barbara A. Duncombe, Casie E. Hollis; Taft Stettinius & Hollister LLP;
November 18, 2015, previously published on November 4, 2015About the same time that Congress was passing a budget to avoid a government shutdown, the Department of Defense (“DoD”) signed Class Deviation 2016-O0003,1 on Oct. 29, 2015. It is effective immediately and creates new clauses DFARS 252.203-7996 and 252.203-7997.
|Balancing Act: Preventing Fraud While Making it Easier to Become a Verified VOSB|
Christina Heidecker, Suzanne Sumner; Taft Stettinius Hollister LLP;
November 18, 2015, previously published on November 11, 2015The Department of Veterans Affairs (VA) is working to find an appropriate balance between preventing fraud in the Veterans First Contracting Program and providing a process that would make it easier for more Veteran-Owned Small Businesses (VOSBs) to become verified.
|Proposed Rule Would Give Contractors Credit Toward Small Business Subcontracting Goals for Subcontracting to Small Businesses at any Tier|
Casie E. Hollis, Suzanne Sumner; Taft Stettinius & Hollister LLP;
October 23, 2015, previously published on October 12, 2015Under current regulations, prime contractors who are required to develop small business subcontracting plans are able to take credit for awards only to first-tier small business subcontractors. As authorized by Section 1614 of the 2014 National Defense Authorization Act (“NDAA”), a...