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Defense Contracting

July 2019

Changes in Treatment of Confidential Info

By Kevin T. Barnett , Peter Hutt II and Nooree Lee
In June, the Supreme Court significantly altered how government agencies will treat confidential commercial information protected from disclosure by Exemption 4 of the Freedom of Information Act (FOIA) — an issue that recurs repeatedly with respect to information submitted by contractors to government agencies.
Defense Contracting

June 2019

How to Challenge a Bad Performance Rating

By Alex Sarria and Kevin T. Barnett
While you might not be able to fight City Hall, you can fight a Contractor Performance Assessment Reporting System rating.
Infotech

May 2019

Changes in IP Rights May be on the Horizon

By Bryan Byrd , Alex Hastings , Jennifer Plitsch and Carl Wiersum
Recent findings by the National Institute of Standards and Technology could limit the scope of U.S. government rights to intellectual property, to the benefit of contractors.
Cyber

May 2019

Keep an Eye on Internet of Things Legislation

By Susan Cassidy , Micha Nandaraj Gallo and Katharine Goodloe
A new bill introduced by Congress would require the development of detailed policy guidance that, if adopted, could significantly boost cybersecurity enhancements for the internet of things.
Defense Contracting

April 2019

IG Report Has Implications for Contractors

By Ryan Burnette , Susan Cassidy and Michael Wagner
On Feb. 25, the Defense Department’s Office of Inspector General issued an audit report analyzing the prices of spare aviation parts purchased by the government from TransDigm Group Inc. The report has important implications for contractors doing business with the Pentagon.
Defense Contracting

March 2019

Debate Over Qui Tam Constitutionality Resumes

By Herb Fenster , Peter Hutt II and Carl Wiersum
The motivating force behind the False Claims Act is its provision for qui tam enforcement, which authorizes private parties to initiate FCA cases on behalf of the United States.
Defense Contracting

January 2019

Readying Security Plans for Evaluation

By Ian Brekke and Susan Cassidy
The Defense Department recently issued final guidance for requiring activities to assess contractors’ system security plans and their implementation of the security controls in National Institute of Standards and Technology Special Publication 800-171.
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 Department

December 2018

Key Takeaways from Industrial Base Report

By Jeff Bozman , Justin M. Ganderson and Zachary Mears
Last year, President Donald Trump issued Executive Order 13806, which commissioned a comprehensive evaluation of the defense industrial base and supply chains of the United States. That evaluation recently was released in unclassified form.
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).