Articles | National Defense Magazine

Displaying 1-10 of 15 results
  • Defense Contracting

    January 2019

    Courts Split on False Claims Act Deadlines

    By Andrew Guy , Peter Hutt II and Michael Wagner
    When does a private party need to file a qui tam action under the False Claims Act? Such a seemingly simple question has resulted in three different answers from six different courts.
  • Defense Contracting

    November 2018

    Courts Strike Down False Claims Act Complaints

    By Justin M. Ganderson , Peter Hutt II and Evan R. Sherwood
    Over the summer, the United States Court of Appeals for the Seventh Circuit — in United States ex rel. Berkowitz v. Automation Aids, Inc., 896 F.3d 834 — unanimously affirmed a trial court’s decision to dismiss a False Claims Act complaint regarding alleged Trade Agreements Act non-compliances because the relator failed to plead fraud with “particularity” under Rule 9(b).
  • Defense Contracting

    September 2018

    How Enforceable Are Teaming Agreements?

    By Dan Johnson
    Experienced government contractors know that teaming agreements are often a critical component of the procurement process.
  • Robotics and Autonomous Systems

    September 2018

    AI: The Future of the Defense Industry?

    By Susan Cassidy , Calvin Cohen and Zachary Mears
    The technologies of the defense industry are in the early stages of a seismic shift in the area of intelligent warfare. Given the advances in the commercial world, the Pentagon has realized in some cases it may need to turn to nontraditional contractors to fill important roles and that it needs to ramp up its expertise in artificial intelligence.
  • Defense Contracting

    July 2018

    Granston Memo Could Impact Qui Tam Actions

    By Frederick Benson , Herbert L. Fenster and Peter Hutt II
    A January Department of Justice memorandum directs prosecutors to more seriously consider dismissing certain qui tam actions brought pursuant to the False Claims Act.
  • Defense Contracting

    May 2018

    Take Heed of Trade Agreements Act

    By Justin M. Ganderson , Evan R. Sherwood and Jason Workmaster
    Contractors that must comply with the government’s domestic preference laws should take note of United States ex rel. Folliard v. Comstor Corp. — a recent decision dismissing a country-of-origin fraud lawsuit initiated by serial relator Brady Folliard.
  • Defense Contracting

    April 2018

    GSA Unveils Plan for New Online Shopping Portal

    By Jennifer Plitsch , Susan B. Cassidy , Michael Wagner and Evan R. Sherwood
    Following instructions from Congress to create a new online shopping system leveraging existing commercial practices, the General Services Administration, in coordination with the Office of Management and Budget, has released an implementation plan to begin e-commerce purchases by 2019.
  • Defense Contracting

    March 2018

    Problems Persist with Commercial Item Rule

    By Kevin T. Barnett , Bryan Byrd , Jason Workmaster and Ryan Burnette
    On Jan. 31, the Defense Department published a final rule regarding commercial item purchasing. Among other amendments, the rule modifies the Defense Federal Acquisition Regulation Supplement by: formalizing a presumption of commerciality for items that the department previously treated as commercial; providing commercial treatment to items offered by nontraditional defense contractors; and prioritizing the types of information that the contracting officer can consider when determining price reasonableness in the absence of adequate competition.
  • Defense Department

    January 2018

    Congress Pushes Stronger ‘Buy American’ Rules

    By Jeff Bozman , Justin M. Ganderson and Sandy Hoe
    Back in November, this column reported on several developments related to President Donald Trump’s “Buy American” executive order, which set forth a policy to “maximize … use of goods, products and materials produced in the United States” through federal procurements.
  • Defense Contracting

    November 2017

    Justice Gorsuch Weighs In on Contracts

    By Herb Fenster and Andrew Guy
    When presented with ambiguous terms in a government contract, courts have debated the best way to interpret those terms. Supreme Court Justice Neil Gorsuch recently hinted at where he stands on the issue.
Displaying 1-10 of 15 results