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Defense Contracting
June 2019
How to Challenge a Bad Performance Rating
By Alex Sarria and Kevin T. BarnettWhile you might not be able to fight City Hall, you can fight a Contractor Performance Assessment Reporting System rating. -
May 2019
Changes in IP Rights May be on the Horizon
By Bryan Byrd , Alex Hastings , Jennifer Plitsch and Carl WiersumRecent 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. -
May 2019
Keep an Eye on Internet of Things Legislation
By Susan Cassidy , Micha Nandaraj Gallo and Katharine GoodloeA 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. -
April 2019
IG Report Has Implications for Contractors
By Ryan Burnette , Susan Cassidy and Michael WagnerOn 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. -
March 2019
Debate Over Qui Tam Constitutionality Resumes
By Herb Fenster , Peter Hutt II and Carl WiersumThe 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. -
January 2019
Readying Security Plans for Evaluation
By Ian Brekke and Susan CassidyThe 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. -
January 2019
Courts Split on False Claims Act Deadlines
By Andrew Guy , Peter Hutt II and Michael WagnerWhen 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. -
December 2018
Key Takeaways from Industrial Base Report
By Jeff Bozman , Justin M. Ganderson and Zachary MearsLast 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. -
November 2018
Courts Strike Down False Claims Act Complaints
By Justin M. Ganderson , Peter Hutt II and Evan R. SherwoodOver 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 JohnsonExperienced government contractors know that teaming agreements are often a critical component of the procurement process.
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