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Defense Contracting

September 2019

Taking Corporate Compliance Programs Digital

By Andrea Falcione
It’s 2019, and compliance programs simply must keep up in the digital world. Consumers of content — compliance and otherwise — have heightened expectations in the digital age.
Defense Contracting

July 2019

Compliance Guidance for Smaller Contractors

By Brian E. Sweeney
In April, the Department of Justice issued updated guidance regarding the evaluation of corporate compliance programs to assist prosecutors in deciding whether they were adequate and effective at the time of an offense, as well as at the time of a charging decision. It builds upon earlier guidance and provides further specificity as to the factors the department will consider in their evaluations.
Defense Contracting

June 2019

Complying with New Justice Dept Guidance

By David B. Robbins and Peter Eyre
In April, the Department of Justice Criminal Division updated its guidance document, “Evaluation of Corporate Compliance Programs,” to help prosecutors evaluate a company’s program at the time of an offense, and at the time of resolution, for the purpose of making charging and settlement decisions, as well as determining whether post-resolution compliance obligations are necessary. There is new substance and nuance that deserves specific attention from contractors and action in the near term.
Defense Contracting

May 2019

Reduce Risks in Overseas Third-Party Relationships (UPDATED)

By Daniel M. Hartnett
Small- and medium-sized defense companies face potentially significant legal, regulatory, financial and reputational risks when engaging with overseas third parties.
Defense Department

April 2019

Clarifying Export Control Internal Investigations

By Usha Neelakantan and Daniel B. Pickard
U.S. government contractors operating in the defense sector compete in a highly regulated and scrutinized market that is subject to investigation by federal enforcement agencies.
Defense Contracting

March 2019

Courts Narrow Liability for Retaliation Claims

By Joseph Barton and Scott F. Roybal
Over the past year, several courts have limited the circumstances under which an employee may recover for violation of the federal False Claims Act’s anti-retaliation provision, which prohibits an employer from disciplining an employee who reports an FCA violation.
Defense Contracting

January 2019

Get on Board with EU Data Regulation

By Robert Bond
The European Union’s General Data Protection Regulation, which came into force last year, is the most significant development in data protection law in the past 20 years.
Defense Contracting

January 2019

Reasons to Outsource a Chief Compliance Officer

By John Hanson
The outsourcing of high-level management functions is nothing new.
Defense Contracting

December 2018

Justice Adopts Corporate Monitoring Policy

By Brian D. Miller
In an Oct. 11 memorandum, “Selection of Monitors in Criminal Division Matters,” Assistant Attorney General Brian A. Benczkowski provided updated guidance on how the Department of Justice will monitor corporations that may have engaged in misconduct.
Cybersecurity

November 2018

The Nexus Between Cyber and Ethics

By Brian E. Sweeney
In September, Deputy Defense Secretary Patrick Shanahan commented that the Pentagon intends to hold industry accountable for improved cybersecurity, and in that regard “we’re in a new world.”