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HTMLImplied Waiver of Privilege in Internal Investigations: Barko Court Compels Production of Internal Investigation Documents, Again
Bruce J. Casino, Bora P. Rawcliffe; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
February 25, 2015, previously published on January 22, 2015
On November 20, 2014, the District Court for the District of Columbia once again ordered Kellogg, Brown and Root (“KBR”) to produce all documents prepared as part of an internal investigation. The District Court’s decision comes after the D.C. Circuit, in an opinion that was...

 

HTMLThe Changing Landscape for Services Contractors
Bryce D. Chadwick, Ryan J. Munitz, Ryan E. Roberts; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
February 25, 2015, previously published on January 22, 2015
Two recent developments have the potential to change the landscape for contractors providing services to the Government. Government contractors and subcontractors are required to comply with a host of regulations governing their hiring practices and the wages they pay and benefits they provide to...

 

HTMLDepartment of Defense Updates Its Instruction for Acquisitions of Software and Weapons Systems
Christine R. Couvillon; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
February 25, 2015, previously published on January 22, 2015
On January 7, 2015, the U.S. Department of Defense (“DoD” or “the Department”) released an update for DoD Instruction 5000.02, on the “Operation of the Defense Acquisition Service.” The new Instruction is designed to assist acquisition personnel in tailoring the...

 

HTMLNew Pay Requirements for Government Contractors
Sandy David Baron, Meredith S. Campbell, Joy C. Einstein, Gregory D. Grant, Michael L. Kabik; Shulman, Rogers, Gandal, Pordy & Ecker, P.A.;
Legal Alert/Article
February 20, 2015, previously published on December 9, 2014
On April 8, 2014, President Obama signed Executive Order 13665 to encourage greater pay transparency by prohibiting federal contractors and subcontractors from discharging or otherwise discriminating against their employees and job applicants for discussing, disclosing or inquiring about...

 

HTMLFY 2015 NDAA Changes to IT Procurement
Suzanne Sumner; Taft Stettinius & Hollister LLP;
Legal Alert/Article
February 18, 2015, previously published on December 15, 2014
If you are an information technology (IT) contractor, you may be interested in the upcoming changes to the fiscal year 2015 National Defense Authorization Act (NDAA) that are designed to improve the federal IT acquisition and management process. Many of these changes are taken from the Federal...

 

HTMLGAO Issues Report On FY 2014 Bid Protests
Barbara A. Duncombe, Casie E. Hollis; Taft Stettinius & Hollister LLP;
Legal Alert/Article
February 18, 2015, previously published on December 9, 2014
As required by the Competition in Contracting Act, the Comptroller General recently issued the FY 2014 annual report regarding bid protests at the Government Accountability Office ("GAO"). The report included statistics regarding bid protests, an account of any agency failures to fully...

 

HTMLWaiving Arbitration by Pursuing Litigation
Stanley A. Martin; Duane Morris LLP;
Legal Alert/Article
February 17, 2015, previously published on December 15, 2014
Cases concerning waiver of arbitration rights typically get into the nitty-gritty of what the parties did prior to one of them seeking to change course. The First Circuit Court of Appeal recently decided one such case, concluding that engaging in discovery for some nine months - including...

 

HTMLWhat Recourse Do You Have When A Competitor Protests Your Government Contract Reward?
Anthony J. Mazzeo; Vandeventer Black LLP;
Legal Alert/Article
February 9, 2015, previously published on January 2015
One of the most frustrating notices you can receive as a Government Contractor can come days after learning your company has won a contract award. In the days or weeks after an award, it is possible you may receive a “stop work order” and be advised that a competitor has protested your...

 

HTMLOFCCP Posts FAQs Addressing Submission of Compensation Data in Compliance Reviews
Laura A. Mitchell; Jackson Lewis P.C.;
Legal Alert/Article
January 28, 2015, previously published on November 18, 2014
One of the biggest changes to OFCCP's recently revised scheduling letter is the requirement that employers must now submit employee-level pay data at the outset of an OFCCP audit. As the Agency puts 2,500 establishments on notice of upcoming audits, and in response to contractor questions and...

 

HTMLOFCCP Considering More Frequent Rounds of Advance Audit Notifications
Laura A. Mitchell; Jackson Lewis P.C.;
Legal Alert/Article
January 28, 2015, previously published on December 10, 2014
We learned today OFCCP is considering dispensing with the twice-a-year advance audit notification frequency, in exchange for notifying smaller groups on a more frequent basis about their establishments’ selection for an upcoming OFCCP compliance review.

 


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