Dealmakers Q&A: Crowell & Moring's Patrick Lynch
September 11, 2014 — Law360
Washington, D.C.-based Energy Group partner, Patrick W. Lynch, took part in Law360's "Dealmakers Q&A" series featuring dealmaking movers & shakers. As part of this series, Lynch shared his perspective on five intriguing questions pertaining to the most challenging deal he has worked on and other dealmakers who've impressed him. When asked about what advice he would give to other aspiring dealmakers, Lynch shared, "When negotiating the complex web of contracts that are part of a large infrastructure project, try and ask yourself "what if" for as many eventualities as could practically (or perhaps not so practically) occur."
Corporate Inversion Executive Order Possible, Crowell Partner Advises Contractors
September 11, 2014 — BNA
Washington, D.C.-based Government Contracts Group attorneys, Angela B. Styles and Stephen J. McBrady, discuss how President Obama might soon issue an executive order making it tougher for corporations that move overseas for tax purposes to win federal contracts. "How hard they will make it to do business with the U.S. government is anyone's guess," Styles said. The order requires contractors to disclose violations of more than a dozen state and federal labor laws and regulations. McBrady added that, "As a result, contractors should review labor law compliance and current arbitration agreements, as well as submit comments on any proposed regulations."
COFC Ruling May Hasten Commercial Contracting's Decline
September 2, 2014 — Law360
Washington, D.C.-based Government Contract Group partner, J. Chris Haile, discusses a recent Court of Federal Claims decision that exempts Federal Supply Schedule contracts from some streamlined commercial acquisition rules, which is causing some concern about the long-term relevance of commercial contracting rules. Because FAR Part 8.4 only provides that FAR Part 12 applies in three instances, it doesn't cover situations in which CMS deviated from commercial practices when making an order under the schedules. "The general presumption has been that the schedules are commercial item contracts, so that while they're subject to FAR Part 8, they're also subject to FAR Part 12," Haile said. "I think that the decision certainly could have come out differently."
Self-Reporting Is All The Rage In Recent Contractor Regs
August 25, 2014 — Law360
Washington, D.C.-based partner, David C. Hammond, talks with Law360 about the recent trend of self-reporting requirements and the effect it's going to have on the government when dealing with the expanding disclosure requirements. "It's going to cost the government to review these disclosures," Hammond said. "It's going to drive up the contractors' costs of compliance ... and that is going to result in higher indirect costs being charged to the government."
States Offering Veteran Tax Credits To Combat High Unemployment Rates
August 22, 2014 — Bloomberg BNA
Washington, D.C.-based Government Contracts Group associate, Gordon Griffin, discusses the growing trend of states that have adopted tax credits for businesses that hire veterans. Griffin, a major in the U.S. Marine Corps Reserve, believes that, "Tax credits are only one tool that states have at their disposal for lowering veteran unemployment, and will be most effective when implemented as part of a larger scheme that includes education, job training, and mechanisms for translating military work experience into civilian licenses and credentials."
BigLaw Pairs Up Attys To Move Needle On Diversity
August 19, 2014 — Law360
Law360 examines how law firms are making the most of professional relationships through implementing formal sponsorship initiatives, a type of individualized advocacy and promotion of proven talent. Crowell & Moring's managing partner, Ellen M. Dwyer, discusses how the firm recently launched a successful sponsorship program in consultation with the Center for Talent Innovation. The article also highlights counsel, Shamiso Maswoswe, who comments on her positive experience participating in the innovative program.
Employee Secrecy Pacts Don't End Whistleblower Threat
August 15, 2014 — Law360
Washington, D.C.-based Government Contracts Group co-chair, Angela B. Styles, shares with Law360 her thoughts on False Claims Act allegation cases. Styles believes that simply getting a defensible confidentiality agreement or litigation waiver in place isn't always enough for companies looking to protect themselves. "It's not the agreement that's critical, it's the employee's understanding of what's confidential and proprietary," Styles said.
New Rule Increases Pressure On Homeland Security Contracts
August 14, 2014 — Law360
Washington, D.C.-based Government Contacts Group partner, Peter Eyre, discusses the expanded authority of the Defense Priorities and Allocations System (DPAS) and how it will effect various companies and agencies, especially the U.S. Department of Homeland Security and its contractors. "Contractors and subcontractors that traditionally haven't dealt with rated orders are more likely to see them because of this expansion. Companies will need to become familiar with these obligations," Eyre said. "And I suspect that civilian agencies — especially DHS — are going to be figuring out how to use the expanded coverage and authority."
5 Tips For Internal False Claims Act Investigations
August 13, 2014 — Law360
Angela B. Styles, co-chair of Crowell & Moring's Government Contracts Group, shares her insights on False Claims Act investigation cases and provides helpful tips for outside counsel and internal employees. Styles warns that outside attorneys, like herself, often have to overcome poor first impressions with the internal employees they’re interviewing. She noted that it's crucial to quickly develop a rapport and deliver an "Upjohn warning," reminding them that they represent only the corporation and not the individual, in a way that is both gentle and clear, allowing the interview to proceed smoothly.
Most Allegations Survive In Signal Human Trafficking Suit
August 13, 2014 — Law360
This article covers the case, David et al. v. Signal International LLC et al., which alleges that Signal International LLC coerced citizens of India to pay expenses for temporary work visas after they came to the U.S. on temporary H2-B work visas, based on false promises that they would eventually secure more permanent work and immigration status. In a recent ruling, a Louisiana federal judge denied most of a motion to dismiss filed by Signal. New York-based attorneys, Alan Howard, Hugh Sandler, Amal Bouhabib, and Chiemi Suzuki, are representing a number of the workers in this case.
NCAA Ruling Clears Path For More Antitrust, Labor Brawls
August 11, 2014 — Law360
Los Angeles-based Antitrust Group partner, Jason C. Murray, discusses a California federal judge's ruling that the National Collegiate Athletic Association's (NCAA) ban on paying elite football and men's basketball players broke antitrust laws could incite anti-competition suits from other divisions and sports teams in the NCAA. Murray argues that the decision could spur challenges under Title IX, which bars sex discrimination in athletics programs that receive federal funding. "That could be the next big issue in these cases, since the ruling could open up larger 'scholarship' opportunities for men than women athletes, raising the specter of unequal treatment under Title IX," said Murray.
7 Lingering Questions On Contractor Labor Violation Reports
August 6, 2014 — Law360
Washington, D.C.-based Government Contacts Group partner, Peter Eyre, speaks with Law360 regarding the lingering questions on contractor labor violation reports. When speaking to the mandatory disclosure rule, Eyre says, "It's taken years to get clarity on what happens to the information when it's disclosed [under the mandatory disclosure rule], and here, too, industry will need clarity on how the government will weigh and act upon these new disclosures."
20 Questions with California Fellow John S. Gibson of Crowell & Moring LLP
July/August 2014 — Litigation Commentary & Review
John S. Gibson, Orange County-based antitrust partner, is featured in a 20-question interview piece by Litigation Commentary & Review. Gibson talks through a wide-range of topics from his success as a trial lawyer to his own personal motto. When asked, "What is the civic cause with which you most identify?," Gibson praised sponsorship stating, "I think it is important to support our next generations through sponsorship. Sponsorship goes beyond mentoring and giving advice. Sponsorship means using my experience, contacts, skills, and time for the benefit of those I sponsor."
Governance, Risk & Compliance Trailblazers & Pioneers 2014, Cheryl Falvey
July 28, 2014 — National Law Journal
Cheryl A. Falvey, a Washington, D.C.-based partner and co-chair of the firm's Advertising and Product Risk Management Group, is featured as one of the NLJ’s "2014 Governance, Risk & Compliance Trailblazers & Pioneers." The National Law Journal highlights the experience Falvey gained as general counsel of the Consumer Product Safety Commission, as well as her outlook for the bright future ahead for consumer safety.
3 Tips For Workable FCA Release Programs
July 25, 2014 — Law360
Robert T. Rhoad, co-chair of the firm's False Claims Act Practice, shared some tips with Law360, stemming from the rise of qui tam False Claims Acts lawsuits. "You're never going to fully eliminate your exposure," Rhoad told Law360. "But what you can try to do is mitigate it as much as you possibly can. Be forward-looking at the time you employ someone, where you have an employment agreement that obligates them to disclose any information that they may become aware of that might suggest any violation of federal or state law."
Defense Attorneys Say Government's Videotaped Interrogation Policy Falls Short
July 23, 2014 — The Daily Journal
Los Angeles-based White Collar & Regulatory Enforcement Group partner, Janet Levine, speaks to The Daily Journal about the Justice Department's recent announcement requesting federal law enforcement agents videotape their interrogations. "I think it takes away a defense tool, which was to attack the credibility of the agents through their failure to use modern equipment and statements that might be less than accurate," said Levine. "On the other hand, in some cases it keeps law enforcement in line from exaggerating what was said in a statement."
Health Care Cases To Watch In The 2nd Half Of 2014
July 23, 2014 — Law360
Washington, D.C.-based Government Contracts Group partner and co-leader of the firm's Government Procurement Fraud/False Claims Act team, Robert T. Rhoad, discussed the impact of closely-watched, FCA case, Kellogg Brown & Root Services Inc. et al. v. U.S. ex rel. Carter. The U.S. Supreme Court recently agreed to hear this case, which has the potential to significantly weaken the six-year statute of limitations law for the Wartime Suspension of Limitations Act in FCA cases.
Fed. Cir. Won't Hear Appeal of Infringer's Injunction Contempt Until Sanctions Set
July 17, 2014 — BNA
This article covers the case Arlington Industries, Inc. v. Bridgeport Fittings Inc., and notes "the key holding in the case is that Bridgeport Fittings appealed too soon after it was found in contempt of an injunction for patent infringement." Of particular note regarding the outcome of this matter, BNA reports that "the Federal Circuit doesn't have jurisdiction over contempt orders until sanctions are entered; Bosch applies to infringement cases only." Washington D.C. -based, Intellectual Property Group partner Kathryn L. Clune represented Arlington Industries in the case.
Fed. Circ. Axes Bridgeport Contempt Appeal Over Cable Patent
July 17, 2014 — Intellectual Property Law360
Law360 reports that "the Federal Circuit dismissed an appeal from Bridgeport Fittings Inc. over a lower court's finding that it had violated a settlement related to an electrical cable patent, ruling that the court did not have jurisdiction because the agreement hadn’t been modified. The three-judge appeals panel held that a lower court had merely interpreted, rather than modified, a 2004 agreement barring Bridgeport from producing electrical connectors that allegedly infringed on Arlington Industries Inc. when it entered a contempt order against the company in 2013." The case is Arlington Industries, Inc. v. Bridgeport Fittings Inc. Washington D.C. -based, Intellectual Property Group partner Kathryn L. Clune represented Arlington Industries in the matter.
5 Tips For Crafting Multistate FCA Settlements
July 14, 2014 — Law360
Robert T. Rhoad, co-chair of the firm's False Claims Act Practice, discussed with Law360 the challenges for health care companies facing increased lawsuits in multiple jurisdictions and decisions over choices in settlement talks. Rhoad addressed specific strategies health care companies can use when crafting FCA settlements.
US-China Investment Pact Talks May Spur Market Reform
July 11, 2014 — Law360
Jonathan Kallmer, Washington, D.C.-based counsel in Crowell & Moring's International Trade Group and former Deputy Assistant U.S. Trade Representative for Investment, discusses the upcoming talks between top government officials associated with the U.S.-China bilateral investment treaty. "The market access discussions will be substantially more difficult, because it goes to the existential question of how China structures its economy and whether and to what extent it will subject itself to international law obligations regarding the opening of its markets," Kallmer said. "This will be another major step." Kallmer served as the lead investment official when BIT talks launched in 2008.
Law360 Names Attys Who Moved Up The Firm Ranks In Q2
July 11, 2014 — Law360
Law360 highlights the 2014 second quarter promotions and leadership announcements among various law firms. The Crowell & Moring attorneys mentioned include: Elieen M. Gleimer and Gerald F. Murphy, named co-chairs of the firm's Aviation Group; Bryan Brewer, named co-chair of the firm's Corporate Group; Ian A. Laird, named co-chair of firm's International Dispute Resolution group; and Eric Edwards, named chair of the firm's Government Affairs Group.
4 Tips To Avoid Landing In Trade Secrets Hot Water
July 9, 2014 — Law360
Mark Klapow, a partner in Crowell & Moring's Trade Secrets Practice, spoke with Law360 about some best practices companies should have in place to protect themselves from trade secret concerns.
Appeals Court Preserves Attorney-Client Privilege
July 8, 2014 — Compliance Week
Andy Liu, co-chair of the firm's False Claims Act Practice, spoke with Compliance week about the case In re Kellogg Brown & Root before the U.S. Court of Appeals for the District of Columbia and its significance for in-house counsel. According to the article, this case is an important for all companies that conduct internal investigations as the federal appeals court decision effectively preserved attorney-client privilege protections.
Fifth Circuit: FCA Not Applicable to Claims That Didn't Involve Federal Funds, Entity
July 8, 2014 — BNA Federal Contracts Report
Washington, D.C.-based partner, and co-chair of the firm's False Claims Act Practice, Andy Liu spoke with Bloomberg BNA about the Fifth Circuit's decision in United States ex rel. Shupe v. Cisco Sys. Inc. According to Liu, "The case serves as a reminder that although the FCA has a broad reach, it is not without limits." The case found False Claims Act did not apply to allegations that telecommunications firms presented material false claims.
High Court Could Rein In Old FCA Claims With KBR Case
July 2, 2014 — Law360
Co-chair of Crowell & Moring's False Claims Act Practice, Andy Liu, talks to Law360 about the False Claims Act case before the Supreme Court of the United States, Kellogg Brown & Root Services Inc. et al. v. U.S. ex rel. Carter, that raises questions about the law's statute of limitations during periods of war.
High Court's Recent Term Isn't The Green Light EPA Thinks
July 1, 2014 — Law360
Washington, D.C.-based partner in Crowell & Moring's Environment & Natural Resources Group and member of the group's steering committee, Kirsten L. Nathanson, discusses how Environmental Protection Agency cases faired in the Supreme Court's recent term. As mixed feelings arise, Nathanson chalked the past term up as a win for the EPA stating the agency's victory in the EPA v. EME Homer case that resurrected the EPA's regulation of air pollution crossing state borders.
Armed Services Board of Contract Appeals: ASBCA Stays Appeals to Avoid Confusion With Courts, Allow for Full Resolution
June 30, 2014 — BNA Federal Contracts Report
Government Contracts Group counsel Stephen McBrady discusses how over the past few years prosecutors have attempted to halt contractors' appeals before the Armed Services Board of Contract Appeals (ASBCA) because of alleged similarity to litigation taking place in district court. McBrady says, "when the government seeks to suspend contract claims pending the outcome of criminal or civil cases, the board, following Supreme Court's decision in Landis v. North American Co., 299 U.S. 248, 57 S. Ct. 163, 81 L. Ed. 153 (1936), requires the government to 'make out a clear case of hardship or inequity in being required to go forward'" if the stay may cause harm.
Lawyers React To Supreme Court's Cellphone Search Ruling
June 25, 2014 — Appellate, Privacy, Technology, and White Collar Law360
Los Angeles-based White Collar & Regulatory Enforcement partner and chair of the firm's Trial Practice, Janet Levine, tells Law360 the significance of the decision made by the Supreme Court on June 25 which states that in most circumstances law enforcement officers cannot search information on a detained suspect's cellphone without a warrant. Specifically, Levine says, "In an unexpectedly sweeping opinion, a nearly united Supreme Court recognized the Fourth Amendment's protection for digital privacy. Chief Justice Roberts' opinion is grounded on the Founders' abhorrence of general warrants and unparticularized intrusions into our private lives. It highlights the pervasiveness of cell-phone — 'minicomputer' — use, as well as the volume and breadth of data, current and historical, accessible through such devices. Continuing the sea-change started with Justice Sotomayor's concurrence in Jones, and citing to John Adams, the court voices deep concern about providing law enforcement warrantless windows into our lives, and skepticism about the government's officer-safety and risk-of-evidence-destruction rationales. Recognizing the revolutionary nature of modern technology, the court affirms that cell phones are different and tells the government the answer to its concerns is 'simple' — get a warrant."
Lawyers Weigh In On Supreme Court's Aereo Ruling
June 25, 2014 — Appellate, IP, and Media & Entertainment Law360
The U.S. Supreme Court on June 25 ruled that online television streaming service Aereo Inc. violates copyright law by retransmitting over-the-air programming without authorization. John Stewart, IP partner in the firm's Washington, D.C., office and co-head of the firm's member of the firm's global TLD and Domain Name Practice, tells Law360 why the decision in American Broadcasting Companies Inc. v. Aereo Inc. is significant. "America's unique system of free broadcasting provides unparalleled programming service. The Copyright Act carefully balanced the interests of creators, distributors and viewers to sustain this service. The court's decision was plainly driven by the transparency of Aereo's attempts to evade Congress's balance. Even the dissent agrees it 'ought not to be allowed.' The court's opinion reinforces the balance, without impinging on new methods of program delivery developed in cooperation with content owners. The court's analysis of the Transmit Clause and users' prior rights in stored content may affect the remand on Aereo's delayed-transmission services, notwithstanding prior court of appeals decisions."
Attys React To Supreme Court Ruling On EPA Emissions
June 23, 2014 — Law360
Bob Meyers, Washington, D.C.-based senior counsel in Crowell & Moring's Environment & Natural Resources, spoke with Law360 regarding the U.S. Supreme Court's recent ruling on EPA emissions rules.
Contractors Prepare For Expanding Anti-Counterfeit Crusade
June 10, 2014 — Aerospace & Defense, Government Contracts, and Public Policy Law360
When asked whether Government-Industry Data Exchange Program (GIDEP), which is managed by the Pentagon, is the most appropriate vehicle for the new reporting framework, Government Contracts partner Peter Eyre told Law360, "I think you'll see comments about GIDEP itself and whether GIDEP is equipped for this type of activity," Eyre said. "This could be a significant expansion because contractors would be reporting directly into GIDEP and using GIDEP to screen, prior to purchasing supplies. Incorporating that screen into your procurement process is potentially quite onerous and might necessitate enhancements to the GIDEP system itself."
Systems to Find Fake Parts Must Meet Several Criteria, Crowell Attorney Says
June 5, 2014 — BNA Federal Contracts Report
Washington, D.C.-based counsel and member of the Government Contracts Group, Richard Arnholt, is quoted throughout this BNA piece featuring coverage of a recent webinar he participated in about a new Defense Department final rule published in the May 6 Federal Register (101 FCR 507, 5/6/14). Arnholt discussed how contractors' systems for detecting counterfeit electronic parts must, "address numerous criteria to meet a new Defense Department rule. … Systems must include training a company's personnel for the new rule, Arnholt said. Employees in purchasing, engineering, and legal affairs—not just quality control—are involved in understanding and mitigating counterfeit parts."
DOJ Asks Justices To Reject Potential Landmark FCA Case
June 3, 2014 — Law360
Washington, D.C.-based White Collar & Regulatory Enforcement Group partner and co-leader of the firm's False Claims Act Practice, Andy Liu, discussed with Law360 the arguments surrounding the DOJ having recently urged the U.S. Supreme Court not to take up a False Claims Act case that raises questions about the law's statute of limitations during periods of war.
IRS Ruling Small Setback for Ethanol Producers
May 30, 2014 — Ethanol Producer Magazine and Oil Price Information Service (OPIS)
Washington, D.C.-based Tax Group associate, Ariel Applebaum-Bauch, spoke with Ethanol Producer Magazine about the IRS ruling 2014-17. According to the article, the ruling will lengthen the depreciation timetable for some tangible assets used to produce ethanol to seven years from five. This is considered a small setback for ethanol producers that might invest in new facilities or upgrades to existing plants. According to Applebaum-Bauch, "The IRS used the 'primary use' test to make its determination. The IRS took the position that assets used to produce ethanol fell into the same recovery class as assets used to convert ethanol to fuel-grade ethanol. Under the primary use test, property is included in the asset guideline class 'for the activity in which the property is primarily used." The ruling still leaves at least one unanswered issue, according to Applebaum-Bauch. "The IRS position that the assets used in discreet phases of the production process fall within a single asset class is arguably inconsistent with the rule, under Section 263(a), which would treat the distillation assets used in creating ethanol as a separate unit of property from other plant assets, such as the blending facilities used to convert distilled ethanol to fuel grade ethanol," Applebaum-Bauch wrote in an online Crowell & Moring client alert.
Des Stratégies Variées
May 29, 2014 — Trends Magazine
Crowell & Moring's Brussels-based partner, Thomas De Messe, is featured in an article citing recent growth of Anglo-Saxon law firms is surprising. The article reports that many of these firms are not satisfied to accompany their international customers and to develop their practice in European law, but are interested more and more in the Belgian market. De Messe confirms this, stating, "Our local anchoring offers us greater flexibility and less dependence on the international network."
DC Focus: The City. The Law. The Lawyers.
May 2014, Issue 31 — World ECR
Crowell & Moring LLP's International Trade Group was featured in a WorldECR special report examining the importance of Washington, D.C. in the U.S. and international export controls and sanctions landscape. The report talked with Crowell & Moring attorneys and other leading lawyers about the impact of U.S. Export Control Reform on real-life business, U.S. sanctions policy and practice, and other issues. WorldECR is the journal of export controls and sanctions.
Crowell & Moring Names N.Y. Managing Partner
May 6, 2014 — New York Law Journal
Edwin Baum, managing partner of Crowell & Moring's New York office and member of the firm's Litigation Group, is featured in this profile that highlights his leadership of the firm's second largest office. Regarding future growth of the office, Baum cites, "plans to expand in securities, commercial, financial services and antitrust practices, as well in intellectual property, insurance and reinsurance." The article notes that Baum "would like the office to grow to 75 to 100 lawyers in near term, but added that there is no set target, since the firm is more focused on finding the right people."
DOD Counterfeit Parts Rule Signals Tough Enforcement / Final Rule on Counterfeit Electronic Parts
May 6, 2014 — Law360 / BNA Federal Contracts Report
Government Contracts Group partner Peter Eyre offers his thoughts on the U.S. Department of Defense's final rule issued on May 6 intended to remove counterfeit electronic parts from its supply chain. He says, "DOD is very serious about the integrity of the supply chain and they recognize that carving out off the shelf items leaves a gap in their coverage,…The final rule demonstrates that DOD expects visibility and coverage from top-to-bottom of the supply chain."
Energy Lawyers Turn to Smaller Scale Work
May 4, 2014 — Los Angeles Daily Journal
San Francisco-based Energy and Corporate group partner, Baird Fogel, discussed with the Los Angeles Daily Journal the recent rise in distributed generation-type work and the impacts on the California energy legal markets.
FCA Wave Sparks Debate Over DOJ Power To Boot Weak Suits
May 2, 2014 — Law360
Washington, D.C.-based Government Contracts partner and co-leader of the firm's Government Procurement Fraud/False Claims Act team, Robert T. Rhoad, discussed with Law360 the controversy surrounding the DOJ's power as it relates to the department's ability to throw out meritless False Claims Act cases. The article looks at FCA provision - 31 U.S.C. 3730(c)(2)(A) - that allows the government to dismiss complaints over the objections of the person who brought the case.
Plaintiffs Move to Reinstate Claims in 9/11 Detention Case
May 2, 2014 — New York Law Journal
The New York Law Journal reports on a Second Circuit oral argument over a putative class action in which New York-based associate, Hugh Sandler, defends former detention center Warden, Dennis Hasty, for allegedly violating the Constitutional rights of plaintiffs who were swept up in a post-9/11 dragnet operation and subject to a "hold-until-clear policy." The article paraphrases part of Sandler's argument to the Court, asserting that Hasty should not be sued because, "He was acting at the direction of Washington, D.C., when he housed detainees in the special unit and cut off communication," and that Hasty "was deferring to the authority of senior officials in Washington because the 'dangerousness' of the detainees 'was determined by the FBI.'"
Rule Changes to Ease e-Discovery Burden on Horizon
April 29, 2014 — Compliance Week
Partner and co-chair of the firm's e-Discovery & Information Management Group, David Cross, discusses Rule 26(b) and says that the idea that "discovery shouldn't cost more than the claim itself." He also says, "It's no longer a question of whether the information bears on a claim or defense, but also whether discovery should be allowed at all."
5 Tips For Delivering An Effective Direct-Examination
April 28, 2014 — Law360
San Francisco-based partner and co-chair of the firm's Litigation Group, Greg Call, shares best practices for delivering effective direct examinations at trial. Based on his extensive experience in the courtroom, Call offers strategic tactics for engaging with jurors. Among other notable advice, Call suggests, "If you get the reputation that you do your job and do it quickly, jurors are likely to pay attention to what your witnesses say. You don't want jurors thinking, 'This is going to take forever,' every time you call a witness. You want to earn the reputation of the lawyer who gets to the point."
5 Years After FERA, FCA Landscape Still Unsettled
April 28, 2014 — Law360
Washington, D.C.-based Government Contracts partner and co-leader of the firm's Government Procurement Fraud/False Claims Act team, Robert T. Rhoad, discussed with Law360 the fifth anniversary of the passage of the Fraud Enforcement and Recovery Act (FERA), and the impact of new statutory language.
Lead Report: Cybersecurity Plan Confusing, Should be Revamped, Attorneys Say
April 28, 2014 — BNA Federal Contracts Report
Washington, D.C.-based partner, David Bodenheimer, who handles government contracts, FCA, privacy, and cybersecurity matters, talks to BNA about the recent draft plan released by the General Services Administration's to manage cybersecurity risks in the federal acquisition process. The plan is causing confusion among some, and Bodenheimer tells BNA that implementing more than one recommendation at a time creates difficulties. "It's hard to implement one in isolation without considering others," he said. "If you do that before proceeding with training, it's hard to have an informed risk strategy without having people with the proper understanding of cybersecurity definitions. If everyone is working with several different definitions, you come up with several different understandings."
3 Lessons From The FTC's ProMedica Hospital Merger Win
April 22, 2014 — Law360
Katherine I. Funk, Washington, D.C.-based partner in Crowell & Moring's Antitrust and Health Care groups, spoke with Law360 regarding the Federal Trade Commission's decision to let ProMedica merge with St. Luke's hospital.
Is This the Death of Hourly Rates at Law Firms?
April 13, 2014 — Washington Post
In this feature story about the trend of law firms use of alternative fee arrangements, Kathryn D. Kirmayer, partner in Crowell & Moring's Litigation Group and vice-chair of the firm's Finance Committee, with responsibility for value-based pricing, is quoted about the increased use of innovative billing arrangements in the legal industry. Among her remarks, Kirmayer notes, "Law firms have been extraordinarily profitable over the last 50 years based on a model that has them charging by the hour, so clients are rewarding effort, not results, but now with changes in the economy, clients realized they couldn't continue spending on legal services the way they had been. They shrank the market, so law firms had to shake up the way they did business and figure out how to deliver the same quality of legal services at a more realistic price point. That's like changing an entire culture." The article cites Kirmayer's thought leadership on the topic of value based billing by noting that she regularly speaks at in-house counsel conferences about how to structure alternative fees.
Justices Leave FCA Pleading Dispute To Circuits, For Now
March 31, 2014 — Appellate, Corporate, Employment, Government Contracts, Health, and Life Sciences Law360
Washington, D.C.-based partner, and co-chair of the firm's False Claims Act Practice, Andy Liu tells Law360 that because there are so many FCA suits being filed each year, and with whistleblowers bringing so many complaints forward, "it's likely that many opportunities will arise for a Rule 9(b) clash to finally become ripe. 'There won't be any shortage of cases in the future,…The Rule 9(b) issue will be raised again.'"
BNA Snapshot: CPSC Director Kaye Nominated as Chairman; Served as Tenenbaum Counsel, Chief of Staff
March 28, 2014 — BNA
When asked about the recent nomination of Elliot F. Kaye to CPSC commissioner and chairman, Washington, D.C.-based partner, and former CPSC general counsel, Cheryl Falvey, tells BNA that "Kaye is strongly 'committed to the mission" of the agency and worked very hard on some important issues when she was there.'" Additionally, she notes that "Kaye approached some recall issues 'with a problem-solving perspective, which I think is actually good for all the stakeholders. 'He has the consumers' interests at heart; he also wants to find a way to get to yes. '"
ESI in the Criminal Justice System Webinar Discusses Pre- and Post-Indictment Issues
March 27, 2014 — BNA: Digital Discovery & e-Evidence
Justin Murphy, counsel in the firm's Washington, D.C. office and member of the firm's E-Discovery & Information Management Practice, participated in a BNA webinar discussing issues that arise surrounding electronically stored information in the criminal justice system. Specifically, Murphy spoke about two recent cases dealing with government search warrants in terms of the Fourth Amendment, and what information the government could receive from Facebook accounts.
5 Tips For Federal Contractors Facing New Hiring Rules
March 24, 2014 — Law360
Washington, D.C.-based Labor & Employment Group counsel Rebecca Springer tells Government Contracts Law360 that due to "quite a bit of vagueness in the regulations and how they're being interpreted, so the OFCCP is using FAQs to address some of the questions that contractors have." She goes on to say that because those are just frequently asked questions and not written into regulation, the OFCCP could change the answers at any moment.
Netflix Streaming Suites Highlight Tax-Tech Mismatch
March 24, 2014 — Tax Analysts
Walter Nagel, a Washington, D.C.-based Tax Group partner, discusses the important difference between streaming and cable and how the different ways consumers watch television can and should be taxed. He says, "Streaming may be like cable from a comsumer perspective, but there is a fundamental difference between streaming and cable… cable is served to customers in a very real, tangible way, but with streaming, there is this nexus piece that is missing."
Lead Report: Court of Federal Claims Cases Reveal Ways to Recover Bid, Proposal Costs
March 17, 2014 — BNA Federal Contracts Report
In reaction to recent U.S. Court of Federal Claims (COFC) decisions that have used different standards to determine recovery of bid preparation and proposal costs, Washington, D.C.-based Government Contracts Group partner John McCarthy tells BNA that he "anticipates future cases in which costs that fall under the marketing or pre-contract logistics categories noted in Innovation Development are recognized as part of a substantial proposal submission effort."
Harder Nuts To Crack Than Tariffs In US-EU Talks
March 12, 2014 — International Trade Law360
Washington, D.C.-based International Trade Group counsel, Josh Kallmer, discusses why he is paying attention to what happens with the EU's three-month consultation period on investment. "Beyond affecting the TTIP's investment provisions," he said, "the consultation raises broader questions about the level of political will in support of the TTIP talks and whether there may be similar pauses in the future on some of the tough aspects of the negotiations."
DOJ Skittish About Supreme Court Review Of FCA Pleading
February 27, 2014 — Government Contracts Law360
Co-chair of the firm's False Claims Act Practice, Andy Liu, talks to Law360 about Rule 9(b) and the misunderstanding about what the Rule means for the government. This article looks at "the open-ended interpretation of how Rule 9(b)'s pleading requirements apply to FCA litigation." Liu says that the language in the Rule's brief, "misreads the purpose of Rule 9(b), which is supposed to protect defendants by giving them fair notice of claims against them, safeguard them against spurious accusations and reputational harm, and reduce the possibility of meritless fraud claims that are based on speculation."
BNA Videos: Crowell's Conversations in Bloomberg BNA
February 21, 2014 — Bloomberg BNA
Tax Group attorneys Donald Griswold, Walter Nagel, both partners, and Jeremy Abrams, counsel, sat down with Bloomberg BNA to discuss the Tax Groups' monthly column with the publication, "Crowell's Conversations." In this video, the attorneys tell the audience about what makes "Crowell's Conversations" so unique and what to expect to read in their column this year.
Female Powerbrokers Q&A: Crowell's Ellen Dwyer
February 7, 2014 — Labor & Employment Law360
Law360 has recognized Ellen M. Dwyer, Crowell & Moring's managing partner and member of the firm's Labor & Employment Group, in their 2014 "Female Powerbroker" series. In this feature, Dwyer discusses her professional and personal experiences as a successful woman in the legal industry which many consider to be "an old boys' network." When asked what advice she would give to aspiring female lawyers, Dwyer notes, "I would urge a young woman attorney to of course do excellent work, but then to get out of her office, and to let the lawyers around her know what her ambition is, and her commitment to realizing it. She should throw her hat in the ring for opportunities, and worry about how she can manage it all after she gets the opportunity. She'll find a way to manage, and in the interim, she will grow tremendously as a lawyer and person."
Discussions With VA Did Not Alert Protester To Serious Quotation Deficiency, GAO Rules
January 30, 2014 — BNA Snapshot
Washington, D.C.-based counsel and member of the firm's Government Contracts Group, Steve McBrady, discussses the recent decision released by the GAO that, acccording to the article, the Department of Veterans Affairs held misleading discussions because it failed to identify a critical quotation deficiency. McBrady says the case is, "a reminder to all contractors considering their protest options that simply because the agency characterizes an exchange (or in this case, numerous exchanges) as 'clarifications', that does not mean that GAO will necessarily agree."
Female Powerbrokers Q&A: Crowell's Angela Styles
January 27, 2014 — Government Contracts Law360
Angela Styles, co-chair of Crowell & Moring's Government Contracts Group, tells Law360 about her experience as a successful woman in what many consider to be "an old boys' network," and answers other questions in the publication's "Female Powerbrokers Q&A" series. Included in her advice to aspiring female lawyers, "The women lawyers that are most successful in law firms and companies are those that truly enjoy the work. The reality is that success takes an extraordinary commitment to clients and the practice of law in terms of both hours and sheer personal dedication."
Federal Contractors to Get Greater Scrutiny of Pay Practices
January 22, 2014 — Compliance Weekly
Rebecca Springer, a counsel in Crowell & Moring's Labor & Employment Group, tells Compliance Week that the OFCCP's regulatory agenda shows signs that a new data collection tool is playing an important role in the OFCCP's "establishment-specific, contractor-wide, and industry-wide analyses." Using such data to perform compensation audits across a contractor's multiple establishments would be a "significant change."
Feds Could Get More Aggressive with False Claims Act in 2014
January 13, 2014 — Modern Healthcare
Troy Barsky, a partner in the firm's Health Care Group, is interviewed by Modern Healthcare to discuss how government investigators are likely to start wielding the False Claims Act even more aggressively than in the past. Barsky says, "the Justice Department's willingness to pursue huge False Claims cases on physician compensation against hospitals is new. In fact, it has created a great deal of uncertainty among providers who also recognize various financial incentives from the [Centers for Medicare & Medicaid Services] that favor doctor-integration." Barsky is the former director of the CMS Division of the Technical Payment Policy, Chronic Care Policy Group.
Securities Cases To Watch In 2014
January 1, 2014 — Appellate, Class Action, and Securities Law360
New York-based partner Daniel Zelenko discusses what cases will be the ones to watch for in the coming year. Specifically, he says that both the DOJ and SEC will, "likely launch scores of new insider trading actions in the coming year." Continuing, he notes, "Insider trading cases are very appealing to prosecutors. They can be investigated quickly without a huge commitment of resources, and often the motives for the trading are very apparent to potential jurors."
Government Contracts Regulation And Legislation To Watch In 2014
January 1, 2014 — Aerospace & Defense and Government Contracts Law360
When asked about what regulations and legislation government contracts and lawyers will be watching this new year, Washington, D.C.-based Government Contracts partner Peter Eyre says, "I think there's going to be much more focus on sources and how prime contractors supervise and monitor subcontractors in their supply chain. There's also a question of who's going to bear those costs. …There are dollars associated with closer scrutiny of the supply chain."
Energy Cases To Watch In 2014
January 1, 2014 — Energy Law360
Larry Eisenstat, an Energy Group partner based in Crowell & Moring's Washington, D.C. office, discusses one of the top energy cases to watch in 2014, South Carolina Public Service Authority v. FERC. About the case he says, "At the highest level, it's about FERC's authority to require a certain degree of planning and certain way of determining under what circumstances can transmission be built. …To some extent, it's another state-federal issue, and to some extent, it's a new [generation] entry issue."
IP Legislation To Watch In 2014
January 1, 2014 — IP Law360
Chair of Crowell & Moring's Intellectual Property Group, Mark Supko, talks to Law360 about intellectual property legislation to watch in 2014. He notes that the Innovation Act, "would be a pretty fundamental sea change in patent litigation." The House of Representatives passed the Innovation Act in December 2013, which according to Law360, "includes many significant changes to patent law, such as requiring more detail in patent complaints and limiting discovery, but the real fight in 2014 will take place in the Senate."
Consumer Protection Regulation To Watch In 2014
January 1, 2014 — Consumer Protection Law360
Cheryl A. Falvey and Christopher A. Cole, co-chairs of Crowell & Moring's Advertising & Product Risk Management Group, spoke with Consumer Protection Law360 about the regulations to watch in 2014. They discussed the areas of debt collection reform, financial advertising, and data security and the "Internet of Things."
Competition Cases To Watch In 2014
January 1, 2014 — Competition Law360
Brussels-based Antitrust Group partner, Werner Berg, spoke with Competition Law360 regarding the cases to watch in 2014. Berg discussed the highlights coming out of the European Commission, standard-essential patent enforcement, and the pending decision in European Commission v. Google.
Analytics, Whistleblowers Drive Surge in Enforcement Activity
December 31, 2013 — Compliance Week
New York-based partner Kelly Currie, who is a member of the firm's White Collar & Regulatory Enforcement Group, speaks to Compliance Week about the Securities and Exchange Commission's (SEC) aggressive approach to enforcement in 2014. Currie notes that the SEC is likely to rely more on tools such as the Advanced Bluesheet Analysis Program to launch investigations. According to the article, "Another tool the SEC is utilizing is the Accounting Quality Model, which uses data analytics to assess if values in a company's financial statement fall outside certain ranges or don't line up with other values. The tool enables the SEC to compare performance across industries and detect outliers that suggest possible fraud."
Path to a Pardon: How a D.C. Lawyer Won Clemency for a Lifer
December 20, 2013 — Wall Street Journal
Thomas (Tim) C. Means, a Washington, D.C.-based partner in Crowell & Moring's Environment, Energy & Resources Group, is profiled in this article which explores the process of presidential pardons. Means represented Stephanie Yvette George, a 43-year-old Florida woman serving a life sentence for three felony drug offenses, who was one of eight people whose sentences were commuted by President Obama on December 19, 2013. The article notes, "If anybody could help the inmate it was attorney Tim Means, a partner at Crowell & Moring LLP who, when he's not helping mining companies challenge regulatory actions, works for free helping imprisoned drug offenders reduce their sentences. His last pro bono client was the only federal inmate to have a sentence commuted by President Obama in his first term. He also persuaded President George W. Bush to shorten the sentences of two other prisoners." Means remarked, "You have to have a case where a layman looks at it and sees injustice and sees that it makes no sense as a matter of fairness and public policy. We do everything we possibly can to make our case stand out from the rest of the pack."
Crowell & Moring associate Sherrie Armstrong who is also a member of the firm's Environment, Energy and Resources Group in Washington, D.C., represented George with Means.
Obama Grants Pensacola Woman Clemency
December 19, 2013 — National Public Radio (WUWF)
President Obama commuted eight sentences and issued 13 pardons on Thursday, December 19, 2013. Among the those receiving commutations was Stephanie Yvette George, who was represented by Crowell & Moring partner, Thomas (Tim) C. Means and associate, Sherrie Armstrong of the firm's Environment, Energy & Resources Group in Washington, D.C. In 1997, George was sentenced to the mandatory minimum sentence, life in prison, for a relatively minor crime since it was her third conviction. Means discusses the case and how George received word that she will soon be released from prison.
Obama Commutes Prison Terms For Eight Drug Offenders
December 19, 2013 — National Law Journal
Crowell & Moring partner Thomas (Tim) C. Means is quoted in this article about President Obama's clemency announcements on December 19, 2013. With specific regard to Stephanie Yvettee George whose life sentence for a relatively minor crime was commuted, Means states, "[It] is a victory in every sense of the word. Justice has cried out for Stephanie George, an extraordinarily deserving individual who is now able to move forward with her life." Further, Means said the commutations address "a critical problem with our criminal justice system that is formulaically mandating extremely lengthy sentences that are wholly disproportionate to the offenses in question." Means and Crowell & Moring associate, Sherrie Armstrong, both of the firm's Environment, Energy & Resources Group, represented George in this matter.
Calif. Court Cuts Push Attys To Alter Litigation Tactics
December 12, 2013 — California Law360
San Francisco-based partner and co-chair of the firm's Litigation Group, Greg Call, discusses how budget cuts and budget limitations at corporate legal departments have changed the way clients approach litigation. He tells Law360 that clients "increasingly want to avoid drawn-out litigation." He goes on to say, "The discussion between law firms and clients is much more focused these days on how to resolve a case quickly and effectively. …Firms that can provide ways to efficiently resolve matters are getting hired."
Rule on Accelerated Payments To Subcontractors Finalized
November 25, 2013 — BNA: Federal Contracts Report
Beginning December 26 there will be a new clause added to contracts requiring prime contractors that receive accelerated payments from the government to make similar payments to their small business subcontractors. Amy L. O'Sullivan, a partner in the firm's Washington, D.C. office and Government Contracts Group, tells BNA why she believes the new rule is too vague, "Although well intended as part of overall efforts to accelerate payments to small businesses, because the rule lacks specifics (including defining 'accelerated' payments) and enforcement mechanisms, I doubt that it will have much impact." According to BNA, The clause, contained in a final rule published in the Nov. 25 Federal Register, will require accelerated payments to small business subcontractors, to the maximum extent practicable, after receipt of proper invoices and documentation.
CPSC Proposal Risks Delaying Recalls, Alienating Companies
November 15, 2013 — Corporate, International Trade, Product Liability, and Public Policy Law360
Co-chair of the firm's Advertising and Product Risk Management Group, Cheryl Falvey, talks with Law360 about the U.S. Consumer Product Safety Commission's (CPSC) new proposal to make voluntary recall agreements legally binding. She describes how the current "balance" with the CPSC is going to change, and that companies may now have to worry about, "the effect a legally binding agreement could have on future product liability litigation." Falvey served as CPSC general counsel under both the Bush and Obama administrations.
FAA Drone Plan Has Aerospace Industry's Hopes Soaring
November 8, 2013 — Aerospace & Defense Law360
Aviation partner and member of the firm's Washington, D.C. office, Gerald Murphy talks about the FAA's new polity roadmap for unmanned aircraft and how they may become part of the U.S. airspace. Murphy comments, "There are certainly unmanned aircraft systems that are in the box and ready to go. Right now, the federal government, states and law enforcement are using unmanned aircraft… This roadmap is a significant and important step towards eventual integration of UAS into the airspace."
Big Law Coming Under Cost Pressure
November 3, 2013 — Crain's New York Business
Joseph A. Adams, Corporate Group partner and head of Crowell & Moring's New York office is quoted in this article that examines pricing for legal services during challenging economic times. Mr. Adams notes that, "The buyers of legal services, the chief legal officers and in-house counsel at corporations, are hearing from their chief executives and chief financial officers that they need to control legal spending. For law firms to grow those relationships, the law firms have had to adapt and be nimble and flexible in how they control costs for engagements." Commenting on the growing trend of law firms offering alternative fee arrangements, Mr. Adams remarks, "That's the big bell that's been ringing on this topic for many years."
Practitioners Anticipate a Resurgence of Due Process Nexus Litigation
November 1, 2013 — 2013 State Tax Today 212-1
Don Griswold, partner in Crowell & Moring's Tax Group and member of the Washington, D.C. office, is quoted from the 20th annual Paul J. Hartman State & Local Tax Forum about recent developments in the U.S. Supreme Court's due process jurisprudence. He notes, "In just the past couple of years, we've seen almost a revolution of thinking about due process minimum contacts, due process nexus, due process jurisdiction."
Law Firms Adding Cybersecurity Fields
November 1, 2013 — Pittsburg Post-Gazette
Washington, D.C.-based Government Contract Group partner and member of the Privacy & Data Security Practice, David Bodenheimer, comments on the growing number of law firms that are adding cybersecurity practices. He notes, "In 2013, many law firms expanded existing practice areas that dealt with health care and financial data protection issues," and recognized that this growth is due in part because of the executive order President Obama signed in February that directed federal agencies to develop cybersecurity standards for parts of the private sector.
Whistleblower Protections Expanded at Federal Contractors
October 29, 2013 — Compliance Week
With new rules for whistleblower protections for employees at federal contractors and their sub-contractors, there could be more enforcement actions against companies in the defense companies if there are issues not handled correctly. Washington, D.C.-based Government Contracts Group partner Peter Eyre discusses how the new rules mandated by the National Defense Authorization Act will change how both sub-contractor and sub-contractor employees are now covered by these rules.
Q&A: Jeffrey Pagano
October 25, 2013 — New York Law Journal
New York partner, Jeffrey Pagano, sits down with New York Law Journal to share about one of his most exciting adventures: Hot Rod Magazine's "Drag Week." Joining Pagano for the adventure is Washington, D.C.-based partner, Keith Harrison, who is a Drag Week veteran and owner of the '55 Chevrolet Belair the pair drove throughout the course of the 5-day racing event. Taking turns at the wheel, Harrison handled most of the racing at a series of Midwest race tracks, while Pagano did most of the driving between race sites, sometimes up to 300 miles. When all was said and done, the pair covered over 1,000 miles and they already have their sights set on next year's event.
Jeh Johnson, 'Cool and Calm Leader,' Picked for DHS Post
October 18, 2013 — Blog of Legal Times; CQ News ("Sessions Says Immigration a Factor in Confirmation of New DHS Chief")
Washington, D.C.-based Government Contracts Group partner, Evan D. Wolff, shares his thoughts about the nomination of Jeh Johnson as secretary of the Department of Homeland Security with the Blog of Legal Times and CQ News. According to Wolff, "The challenge comes because the department has such a wide range of issues it's responsible for, including issues that are going to be important for this administration, like immigration reform."
Shutdown Threatens To Keep Product Safety Rules On Shelf
October 17, 2013 — Life Sciences, Product Liability and Public Policy Law360
Cheryl A. Falvey, a Washington, D.C.-based partner and co-chair of the firm's Advertising and Product Risk Management Group, comments on the lasting impact the government shutdown will have on the U.S. Food and Drug Administration and other product safety agencies. Falvey notes, "The agencies not only lost precious time to fulfill their safety mandates during the shutdown, they lost time beforehand, preparing for the cutoff in funding."
Shutdown Could Slow Bid Protest Decisions
October 2, 2013 — Federal Computer Week
Washington, D.C.-based Government Contracts Group co-chair, Angela B. Styles, shares her insight on the issues bid protesters could expect due to the government shutdown. According to Styles, "…The timing of the shutdown and the traditional end-of-fiscal year spike in contract awards could produce a backlog of protests and subsequent delays at GAO and potentially other agencies when the government opens up and work starts flowing again."
Law Firms Fear Business Will Slow Because of U.S. Gov't Shutdown
October 2, 2013 — Reuters News
Angela B. Styles, Washington, D.C.-based Government Contracts Group co-chair, speaks to Reuters about how the government shutdown will impact law firms that handle government contracting work. She says, "We're not going to be receiving subpoenas over the next couple weeks, and there aren't going to be Inspector General investigations."
EPA Rulemaking Shows Patient Approach To Carbon Capture
October 2, 2013 — Energy, Environmental, Project Finance, and Public Policy Law360
Washington, D.C.-based Environment, Energy & Resources Group senior counsel Robert Meyers, discusses the U.S. Environmental Protection Agency's requirement for carbon capture and storage at new, but not existing, coal-fired power plants. Meyers notes, "Broadly speaking, new source standards for new plants involve an opportunity to require state-of-the-art technology. When you're dealing with existing plants, it's a different calculus because EPA is only required to establish guidelines and has to take in other factors. I'm not surprised there's a differential, because there's a different legal requirement."
Contractors Brace For Shutdown's Delays And Costs
October 1, 2013 — Government Contracts Law360
Co-Chair of Crowell & Moring's Government Contracts Group, Angela Styles, tells Law360 how contractors are going to be impacted by a government shutdown. She says, "at locations where contractors and federal employees work side by side, contractors might also be asked to perform significant additional work to cover for furloughed and absent government employees." Styles continues, "Federal furloughs will affect contractors in other important ways. A contractor who has been suspended or debarred, for example, may be unable to work with government officials to get off the blacklist, and companies pursuing bid protests will be unable to resolve their disputes quickly."
Gov't Shutdown Would Constrict U.S. Trade Work
October 1, 2013 — International Trade Law360
Washington, D.C.-based International Trade Group attorneys Dan Cannistra and Josh Kallmer discuss how a government shutdown will impact U.S. trade policy, the Commerce Department, and other crucial agencies and facets involved in U.S. Trade.
Anti-Trafficking Rules Raise Contractor Compliance Concerns
September 27, 2013 — Government Contracts Law360
Washington, D.C.-based Government Contracts Group partner, Peter Eyre, speaks to Government Contracts Law360 about new anti-trafficking regulations. The regulations are aimed at fighting human trafficking and implement parts of the 2013 National Defense Authorization Act and a September 2012 executive order on trafficking that force prime contractors to take more responsibility for vetting their subcontractors and recruiters. According to Eyre, "The question is going to be: What else might the government expect above and beyond those minimum requirements? It's unclear what entity will opine on the sufficiency of these plans, and that too is a likely area for comment."
Insurance Officials: Evolving Cyber Threats Drive Demand for Coverage
September 25, 2013 — Inside Cybersecurity
Inside Cybersecurity reporters attended a briefing hosted by Crowell & Moring and the American Bar Association where panellists from Munich Reinsurance America, Inc., Zurich North America and Marsh discussed the evolution of the cybersecurity insurance industry. In an article featuring the event, Washington, D.C.-based Privacy and Cybersecurity Group associate Elliot Golding notes, "that the average cost of a data breach is $9 million and rising, and that insurance 'has stepped in' to help businesses address those costs."
Vendor Steps Up Competition by Wielding False Claims Act
September 23, 2013 — Federal Times
Washington, D.C. based partner, Andy Liu, discusses False Claims Act (FCA) violations and how some FCA lawsuits arise from government investigations or inside whistleblowers, especially with GSA scheduled cases.
Bazaarvoice Trial Will Test Antitrust Question For Done Deals
September 19, 2013 — Competition and Mergers & Acquisitions Law360
New York-based Antitrust Group counsel, Oliver Antoine speaks to Law360 about the Department of Justice's upcoming trial to fight Bazaarvoice's purchase of PowerReviews Inc. The DOJ's success will likely hinge on whether the company can counter comments from its own executives boasting that the tie-up would stifle competition with evidence that the 15-month-old deal hasn't actually harmed the market. Antoine comments, "Every time you have a challenge in a consummated deal you have a data point that you don't have otherwise, [and] if there's no evidence of post-closing consumer harm, the question is why. It'll be interesting to see whether this is really a differentiator here, considering they had very little time outside of the regulatory process even though it's a consummated deal."
Bazaarvoice Trial Will Test Antitrust Question For Done Deals
September 19, 2013 — Competition and Mergers & Acquisitions Law360
New York-based Antitrust Group counsel, Olivier N. Antoine, discusses the U.S. Department of Justice's challenge of Bazaarvoice Inc.'s $168.2 million acquisition of a rival online product ratings platform business. The case will force the court to contend with a rarely litigated question unique to mergers that have already closed: whether a deal not yet having thwarted competition means it won't do so further down the road. Antoine notes, "Every time you have a challenge in a consummated deal you have a data point that you don't have otherwise, [and] if there's no evidence of post-closing consumer harm, the question is why. It'll be interesting to see whether this is really a differentiator here, considering they had very little time outside of the regulatory process even though it's a consummated deal."
Deutsche Bahn Seen as Trailblazer for EU Antitrust Compensation
September 17, 2013 — Bloomberg
Recently, Deutsche Bahn AG's announced a possible refund offering for consumers for electricity charges, and the compensation may come through European Union antitrust settlements. Brussels-based partner Werner Berg explains, "Deutsche Bahn's offer may provide a template for settlements to channel funds to those harmed."
New Rules for Federal Contractor Hiring Practices
September 17, 2013 — Compliance Week
Washington, D.C.-based counsel Rebecca Springer discusses how federal contractors will have to change their current processes for recruitment and hiring because of two new final rules. According to the article, the final rules "require federal contractors to heed an exhaustive list of obligations to ensure compliance with non-discrimination and affirmative action requirements regarding veterans and individuals with disabilities." Springer explains that contractors and their written agreements with sub-contractors and/or vendors will have to now include new language to follow the rules.
Considering a Cyberstrike Against Syria
September 10, 2013 — TechNewsWorld
David Bodenheimer, partner and co-chair of the firm's Privacy & Cybersecurity Practice, outlines concerns about using cyberweapons in action against Syria, and warns that using such force would "legitimize cyberattacks and open up the rest of the world to use them…"
At Crowell, A Different Type of Legal Advertising
September 8, 2013 — Washington Post
Advertising & Product Risk Management (APRM) Group partners and Group co-chairs Chris Cole and Cheri Falvey are profiled in the Washington Post's Capital Business section for their leadership and growth of the practice. The article highlights the strengths they each bring to the firm, and the unique ability of the APRM Group; "Now the group advises on the entire life cycle of consumer products, from their creation to safety testing, advertising campaigns, product recalls and designing consumer tests to back up marketing claims — which is almost like a science," Cole states. Additionally, Falvey highlights, "part of the reason she joined Crowell was because the firm's leaders understood that the science that must be conducted to back up marketing claims is the same science that federal regulators look at when evaluating the safety of products."
EPA's Selenium Decision Will Transform Coal War
August 30, 2013 — Law360
Kirsten L. Nathanson, a Washington, D.C.-based partner in the firm's Environment, Energy & Resources Group, shares her perspective on the upcoming U.S. Environmental Protection Agency (EPA) decision on the state of Kentucky's proposed water-quality standard for selenium. The article notes that the deadline for the agency to make a decision on Kentucky's plan has already passed, but the EPA has said it has not yet concluded its review. It is anticipated that there will be litigation over the agency's decision. Nathanson remarks, "I would have a hard time seeing this not end up in the courts in one form or another. There's a lot of money at stake and there's been so much energy put into this issue by all sides. I can't imagine EPA's approval or rejection would be the final word."