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"Key Laws to Watch"
May 2012 — Pet Age

From tax breaks to online sales tax loopholes, a slew of measures that could influence small business are taking shape in Congress. Crowell & Moring Tax Group partner Howard M. Weinman gives a view from Washington in this feature story for retailers.

Crowell Wins Dismissal of DuPont Monopolization Lawsuit
April 9, 2012 — Global Competition Review

The U.S. District Court for Eastern Virginia found that Kolon Industries failed to prove that Crowell & Moring client DuPont monopolized the market for the material, or used its contracts with customers to shut out rivals. Crowell & Moring chairman and Antitrust Group partner Kent A. Gardiner told Global Competition Review, "Discovery proved that not a single customer complained about DuPont's business practices, or sided with Kolon in support of its claims. The court rightly found that DuPont neither was a monopolist in the market nor engaged in any anti-competitive conduct."

DuPont Escapes Kolon's Body Armor Antitrust Case
April 6, 2012 — Competition Law360

A Virginia federal judge dismissed an antitrust suit brought by Kolon Industries Inc. against Crowell & Moring client DuPont over a synthetic fiber used in body armor, finding there was no evidence of a monopoly by DuPont. U.S. District Judge Robert E. Payne granted DuPont's motion for summary judgment, ruling that the DuPont did not monopolize or attempt to monopolize the para-aramid fiber market and held that competition in the industry is thriving. Speaking to Competition Law360, Kent A. Gardiner, Crowell & Moring chairman and Antitrust Group partner, said, "The ruling fully vindicates DuPont’s business practices in this critical sector of the economy. The court rightly found that DuPont neither was a monopolist in the market nor engaged in any anti-competitive conduct."

EU Considers Self-Initiated Trade Case Against Chinese Telecom Firms
April 4, 2012 — Inside US-China Trade

Brussels-based International Trade Group partner Laurent Ruessmann speaks to Inside US-China Trade about the European Commission's consideration of an anti-subsidy and possibly an antidumping investigation into sales of mobile telecommunications network equipment by China's two largest telecom companies.

According to Ruessmann, there would be concerns on two levels. He notes that one level is the technical aspect, since an ex officio case is not a "short cut on the technical justification for a case: you still need evidence of dumping, subsidies and causation." The other level is political, "because this is something that has not been done before and because you are talking about an extremely sensitive sector."


DCAA Needs More Staff, Powers To Do Its Job
March 28, 2012 — Government Contracts Law360

Washington, D.C.-based chair of Crowell & Moring’s Government Contracts Group, Angela B. Styles, speaks to Government Contracts Law360 about the need to give the Defense Contract Audit Agency (DCAA) more resources to strengthen auditing of contractors.

According to Styles, "The agency already has subpoena authority over contractor records related to audits, and was shot down in court after an auditor sought to expand that authority to include income tax records and financial statements. The agency also already has its own general counsel, and separating it from the Pentagon is unnecessary." She also added that, "They're trying to make DCAA into something it was never intended to be," Styles said. "I'm not sure why you'd want it to be independent of the DOD."


Pentagon Requires Signoff On $1M-Plus Commercial Buys
March 15, 2012 — Government Contracts Law360

Washington, D.C.-based Government Contracts Group associate Alexina G. Jackson speaks to Government Contracts Law360 about the U.S. Department of Defense's recent amendment of its acquisition rules to seek higher approval before purchasing more than $1 million in commercially available purchases.

According to Jackson, "They've reached a bunch of services that aren't usually considered suspect. The big question mark is, one, did you really mean to do this, and two, have you thought through how this will impact general day-to-day contracting?"


GAO Protests Reach New High In 2011 Despite Slower Growth
March 14, 2012 — Government Contracts Law360

Washington, D.C.-based Government Contracts Group partner Daniel R. Forman speaks to Government Contracts Law360 about the rising number of protests filed in the U.S. Government Accountability Office (GAO), which reached a new high in 2011 but are beginning to level off from the increase between 2008 and 2010.

According to Forman, "The leveling off of the GAO's numbers was more than offset by rapid increases in the number of bid protests heard in the U.S. Court of Federal Claims (COFC). There were 98 protests filed in the COFC in 2011, up from 68 in 2005, and the court published 73 decisions in 2011."


DOJ’s New Criminal E-Discovery Protocol Places Cooperation Above Motion Filings
March 10, 2012 — Digital E-Discovery and E-Evidence Bloomberg BNA

Crowell & Moring counsel Justin P. Murphy, a member of the firm’s White Collar & Regulatory Enforcement Group and E-Discovery & Information Management practice, is quoted regarding his assessment of the new recommendations on electronically stored information (ESI) discovery production in federal criminal cases.


Daniel Forman Appointed to Serve on the Law360 Government Contracts Editorial Advisory Board
March 5, 2012 — Government Contracts Law360

Government Contracts Group partner Daniel R. Forman has been appointed to serve on the editorial advisory board of Law 360 Government Contracts. As a member of the board, Forman will provide guidance on Law360's coverage and how best to shape future reporting of industry trends at the news outlet. Forman’s practice focuses on a wide variety of government procurement law, including bid protests, False Claims Act and qui tam litigation, investigations of potential civil and criminal matters, ethics and compliance, contract claims and disputes, GSA schedule contracting, and small disadvantaged business contracting.


New Accounting Rule Could Cost DoD Billions
February 27, 2012 — DefenseNews.com

Washington, D.C.-based Government Contracts Group partner Terry L. Albertson speaks to DefenseNews.com about an accounting rule that requires the U.S. government to reimburse its contractors to a far greater degree for their employee pension costs.  The new rule stems from the 2006 Pension Protection Act, which set new accounting standards for companies to use in calculating their pension fund liabilities.

According to Albertson, "Contractors are required to fund their employee pension plans according to the federal Pension Protection Act standards. But until now, federal cost accounting rules have calculated pension costs at a lower rate, meaning contractors have been unable to recoup all those costs from the government."


2012 Defense Act Could Weaken Contractors' IP Rights
February 27, 2012 — Government Contracts Law360

Washington, D.C.-based Government Contracts Group partner John E. McCarthy, Jr. speaks with Government Contracts Law360 about Congress' effort to increase competition among defense contractors by giving the U.S. military more leeway to demand technical data that is used to design the weapons it purchases. However, the broad and ambiguous wording of the law could leave contractors scrambling to protect their intellectual property rights.

According to McCarthy, "Companies can spend millions of dollars on developing their intellectual property, and they want clarity on whether or not they can retain that IP. If the regulations attempt to push the envelope, it's going to be very troublesome for many contractors."



S.E.C. Reaches Settlement in Bear Stearns Fraud Case
February 9, 2012 — The New York Times - DealBook

New York-based White Collar & Regulatory Enforcement Group partner Daniel L. Zelenko speaks to The New York Times "DealBook" about the Securities and Exchange Commission's settlement with two former Bear Sterns hedge fund managers that will avert a second trial over accusations that they had misled investors as the mortgage market was crumbling.

According to Zelenko, "The government clearly had the power to do this, but the more salient question is whether this was the best use of their resources. More than two years after a jury has already acquitted on substantially the same set of facts, it's not clear that it was."


Appropriations Act Will Shake Up Contractor Suspensions
February 3, 2012 — Government Contracts Law360

Washington, D.C.-based chair of Crowell & Moring's Government Contracts Group, Angela B. Styles, speaks to Government Contracts Law360 about the Consolidated Appropriations Act of 2012. The Act will exclude companies from government contracts by preventing agencies from contracting with companies convicted of a crime unless they first formally consider using suspension or debarment tools.

According to Styles, "The statute applies to 'corporations,' not 'contractors,' opening up ambiguities about how it should be applied if a contractor's affiliated companies are the ones that are convicted." She also added that "the appropriations language for most of the affected agencies — but not the DOD — also triggers the ban if an 'officer or agent' of a corporation is convicted or owes taxes, adding another layer of ambiguity, as the executive branch works out how to define 'agent' in this context."


GCs Name A-Listers For Client Service
February 2, 2012 — Law360

Washington, D.C.-based Government Contracts Group partner Thomas P. Humphrey and San Francisco-based Litigation Group senior counsel Michael A. Kahn are mentioned in a Law360 article for their inclusion in the "2012 BTI Client Service All-Stars" report from The BTI Consulting Group Inc, which recognizes 30 attorneys who demonstrate an unmatched commitment to outstanding client service.

According to the article, the survey of world-leading corporate counsel recognizes superior client service leaders. BTI, in its annual survey, asks general counsel and their direct reports to name those attorneys who drive superior client relationships.


AHLA Connections Recognizes Dave Naseman as "Pro Bono Champion"
February 2012 — AHLA Connections

In February 2012, Corporate Group senior counsel David M. Naseman was honored by the American Health Lawyers Association (AHLA) monthly magazine, AHLA Connections, by being named to the publication's first annual class of AHLA "Pro Bono Champions." The recognition came for his legal assistance to the District of Columbia Primary Care Association in implementing its Medical Homes project to improve health care access for the poor, uninsured and underinsured residents of Washington, D.C.

Government Contracts Group of the Year: Crowell
January 25, 2012 — Government Contracts Law360

Government Contracts Group attorneys, including Washington, D.C.-based chair Angela B. Styles, and partners Daniel R. Forman and Amy Laderberg O'Sullivan, speak to Law360 about the Group's numerous victories in 2011, as well as the very important, yet confidential, work the firm does for its clients behind the scenes.

According to Styles, "Fifty percent of what we do is work where there's never going to be a public decision or anything that enters the public record. There's a lot of work that we do for companies, in terms of suspension and debarment, that never hits the newspapers."

Regarding the strength of the Group, Forman notes, "We truly have experts in every substantive government contracts area, and I don't think any other
practice in the country can genuinely say that."


Q & A - What's Hot, What's Not: What practice area(s) is (are) expected to be driving next year’s business/growth? And which area(s) will be the most challenged?
January 23, 2012 — Orange County Business Journal

Partner Daniel A. Sasse, head of the firm’s Orange County office and member of the Antitrust Group, talks to the Orange County Business Journal about the areas of the law that he anticipates will grow in 2012.

According to Sasse, “We expect government investigations to continue to play a significant and even increasing role in 2012. While always popular in Orange County, IP litigation and prosecution will continue to be strong practice areas. We have seen a significant increase in consumer class action suits challenging representations made by manufacturers and marketers, especially in the ‘green advertising’ arena.”


$10 Million Tennis Facility to Open in Marshall Heights in September
January 22, 2012 — The Washington Post

Washington, D.C.-based Litigation Group senior counsel Peter B. Work, and Corporate Group counsel Todd D. Rosenberg and associate Jenny C. Cieplak, were mentioned in The Washington Post for their pro bono work successfully handling the financing of the Washington Tennis & Education Foundation facility in Southeast Washington, D.C.

According to the article, “The project is primarily funded by private grants, donations and loans from board members totaling $7.8 million…The remaining $2.2 million was from Capital One under the New Markets Tax Credit program, a federal program that aims to spur development in low-income areas."

 


Contractor Accountability: Attorneys Predict More Risk, Less Reward For Government Contractors in 2012
January 20, 2012 — BNA's Federal Contracts Report

Washington, D.C.-based Government Contract Group attorneys are quoted in BNA’s Federal Contracts Report’s coverage of a recent webinar conducted by the group titled, “What Will the New Year Bring for Government Contractors.”

According to senior counsel W. Stanfield (Stan) Johnson, “The procurement climate in 2012 will be marked by less business as program cuts and terminations grow. The contracts you get will be riskier. Firm-fixed price contracts will increase, while cost reimbursement contracts will decline.”

Additional Crowell & Moring attorneys cited in the article included Government Contracts Group chair Angela B. Styles, partners K. Chris Haile and J. Katherine Kunz, and counsel Robert J. Wagman.


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