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Defense Contracting
July 2019
Compliance Guidance for Smaller Contractors
By Brian E. SweeneyIn 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. -
June 2019
Complying with New Justice Dept Guidance
By David B. Robbins and Peter EyreIn 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. -
May 2019
Reduce Risks in Overseas Third-Party Relationships (UPDATED)
By Daniel M. HartnettSmall- and medium-sized defense companies face potentially significant legal, regulatory, financial and reputational risks when engaging with overseas third parties. -
April 2019
Clarifying Export Control Internal Investigations
By Usha Neelakantan and Daniel B. PickardU.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. -
March 2019
Courts Narrow Liability for Retaliation Claims
By Joseph Barton and Scott F. RoybalOver 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. -
January 2019
Get on Board with EU Data Regulation
By Robert BondThe 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. -
January 2019
Reasons to Outsource a Chief Compliance Officer
By John HansonThe outsourcing of high-level management functions is nothing new. -
December 2018
Justice Adopts Corporate Monitoring Policy
By Brian D. MillerIn 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. -
November 2018
The Nexus Between Cyber and Ethics
By Brian E. SweeneyIn 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.” -
September 2018
Other Transaction Authority - Big Rewards, Risks
By Angela StylesFor decades, the Department of Defense has struggled to keep pace with modern technology.
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