I am excited to be presenting a training seminar titled, “Trends and Changes in Federal Contracting FY 20” for the Florida Procurement Technical Assistance Center (Florida PTAC).
The interactive seminar will provide insight into the world of federal government contracting for Fiscal Year 2020 and new initiatives that will impact federal businesses in the next 12 months.
Continue Reading Trends and Changes in Federal Contracting for Fiscal Year 2020
In an article published by Law360, we examined a report issued by the U.S. Department of Defense (DoD) Inspector General on July 23, which summarizes the findings of an audit into the protection of controlled unclassified information (CUI) on contractor networks.
The DoD reviewed nine contractors’ information systems and revealed some deficiencies that do not meet the standards set forth in National Institute of Standards and Technology (NIST) Special Publication 800-171. The exposed deficiencies include: not mitigating vulnerabilities on their networks and systems, not scanning their network for vulnerabilities, not mitigating high vulnerabilities identified in the contractor’s management programs and more.
Continue Reading Findings of DoD Audit and Recommendations for Cyber Enforcement
On August 5, 2019, President Trump issued Executive Order 13,884 (EO 13,884), which significantly expands existing U.S. sanctions on Venezuela.
Pursuant to EO 13,884, virtually all transactions with the government of Venezuela are now prohibited. There are some important exceptions to that prohibition, and those are discussed below.
While this is not an absolute embargo on Venezuela, it is quite close. And even when a transaction with Venezuela may be lawfully permitted, the practical challenges and the risk of conducting the transaction may make it nearly impossible to complete successfully.
Continue Reading Venezuela Update: Significant Sanctions Restrictions Imposed
I am excited to be presenting, along with Bass, Berry & Sims litigation attorney Lindsey Fetzer, a 90-minute CLE webinar hosted by Strafford on FCPA compliance on September 18, 2019 titled, “FCPA Compliance: Meeting FCPA Requirements and Minimizing Liability Risks.”
The webinar will examine the requirements of the FCPA and other anti-bribery laws, and provides insights into the compliance challenges associated with gifts and hospitality, third party due diligence, and maintaining appropriate internal controls. We will also discuss recent enforcement action in the context of offering best practices for compliance.
Other key questions that will be answered:
Click the link below for more information and let me know if you register!
Please join us on September 17, 2019, at 1:00 p.m. EDT as we launch a series of complimentary briefings via webinar that will serve as an extension of this blog and feature timely and practical guidance on key topics of interest.
We will host the first GovCon & Trade briefing that will highlight recent bid protest decisions involving asset deals and corporate reorganizations, and their impact on pending bids.
Given the continued high volume of transactions in the federal marketplace, buyers and sellers need to be aware of the developing body of case law at GAO and COFC regarding how acquisitions are impacting pending bids and the steps that parties can take to protect those bids in certain situations.
The discussion will highlight recent cases and provide practical guidance on diligence, deal timing, and communications with government customers regarding transactions.
Executives and management professionals, including general counsel and other in-house legal and compliance personnel of government contractors, financial institutions and manufacturers.
*IMPORTANT: Audio for this webinar will come through computer speakers, so please be sure you are in a space that can accommodate. If you do not have access to a computer with speakers, please email Claire Krummenacher who will provide you with a call-in option. You can also contact Claire with any other questions regarding this webinar.
The Department of Defense (DoD) Inspector General recently issued a report summarizing the findings of an audit into the protection of Controlled Unclassified Information (CUI) on contractor networks. Based on an in-depth review into nine contractors, the audit uncovered some common practices that fall short of meeting the standards set forth in NIST SP 800-171, which contractors are obligated to follow under DFARS 252.204-7012.
These common lapses include the following, among others:
On a regular basis over the past several months, the U.S. Treasury Department, Office of Foreign Assets Control (OFAC) has introduced new sanctions requirements, guidance, and restrictions. OFAC is the U.S. government agency which administers most U.S. sanctions programs.
Many of these measures have been quite targeted. For instance, on July 29, 2019, OFAC designated Kim Su Il as a Specially Designated National (SDN) of North Korea. According to the SDN listing, Kim Su Il is a resident of Vietnam. Thus the designation, while limited to Kim Su Il, demonstrates one of the challenges of U.S. sanctions compliance: many SDNs reside in or are nationals of countries against which the United States does not otherwise maintain sanctions.
Continue Reading Update on U.S. Sanctions: New Requirements, Continuing Enforcement
At the end of June, the U.S. Supreme Court issued an important Freedom of Information Act (FOIA) decision that decreases the burden on contractors seeking to protect confidential information. As most contractors are aware, FOIA requires that, upon request, the government disclose information in its possession, unless an exemption applies. This presents a significant risk for contractors as they regularly provide highly sensitive information to the government in the course of obtaining or performing federal contracts and grants.
Fortunately, that type of information falls within the scope of the exemption at 5 U.S.C. 552(b)(4) (Exemption 4), which shields from disclosure “trade secrets and commercial or financial information obtained from a person and privileged or confidential.” After receiving notice that a party is seeking the public release of such information, in order to protect it, contractors previously had to demonstrate that the information was customarily kept private and that the government agreed, implicitly or expressly, to treat it as confidential.
Continue Reading Protecting Government Contractors’ Confidential Information Just Got Easier
We are excited to be presenting on key government contracting issues for small businesses on July 17, 2019 at The Tower at Peabody Place in Memphis, Tennessee. The presentation, titled, “Government Contracting Law Overview,” will discuss the pros and cons of business entity types, requirements of the SBA’s All Small Mentor Protégé Program, protecting partnerships with key teaming terms, and steps for guarding against size protests.
The program is sponsored by the Tennessee Procurement Technical Assistance Center, Tennessee Small Business Development Center and Greater Memphis Chamber.
For more information and registration, please visit the Tennessee Procurement Technical Assistance Center’s website.
In case you missed it, I was recently interviewed for the “Bribe, Swindle or Steal” podcast regarding the corruption, sanctions and compliance challenges associated with doing business in Russia.
During the podcast, I discussed compliance issues related to the Specially Designated Nationals (SDNs) list and how challenging it is for companies to remain compliant with the constantly shifting regulations that the United States imposes on U.S. businesses operating in Russia.
I also warned companies considering entry into the Russian market that “just like in any place you’re doing business, but especially in Russia – you need to do a really, really careful diligence review and get as much information as you can.”
Continue Reading Doing Business in Russia: Legal & Compliance Challenges