Adding Obamacare Data to W-2 Tax Form May Confuse -U.S. IRS
November 18, 2013 — Reuters News; BNA Snapshot - Healthcare; Accounting Today
Washington, D.C.-based partner, Seth Perretta, who is a member of the firm's Healthcare and Tax groups and leads the firm's ERISA and Employee Benefits practice, shares his thoughts on some of the benefits that could result from combining reporting under the Affordable Care Act, including, "The ability for employers to use a single, combined return statement for purposes of Code section 6055 and 6056 reporting should help reduce some of the burdens on employers. Moreover, combined reporting should help reduce the possibility for the issuance of inconsistent returns and lessen potential participant confusion."
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, 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."
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."
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."
Employers Should Plan for Micro-Union Fight After NLRB Win
August 15, 2013 — Law360
New York-based Labor & Employment Group partner, Jeffrey Pagano is quoted in Law360's coverage of a decision by the Sixth Circuit to uphold the National Labor Relations Board's Specialty Healthcare standard for determining an appropriate bargaining unit. The article explores the impact of this decision on employers as it relates to "micro-unions." Pagano remarks, "Employers should strive for commonality among all classifications, which structurally from an organizational standpoint means flattening out management structures and making more employees report to fewer managers. The traditional concepts of common supervision, common hours, and common terms and conditions of employment have to be carefully focused upon to broaden the unit."
9th Circ. Stormwater Flip Should Catch High Court's Eye
August 12, 2013 — Law360
Kirsten L. Nathanson, a Washington, D.C.-based partner in the firm's Environment, Energy & Resources Group, is quoted in this article regarding a recent Ninth Circuit ruling on stormwater pollution that is anticipated to be reviewed by the U.S. Supreme Court. Nathanson notes, "By nature of it being a Ninth Circuit environmental opinion that has achieved the liability determination and worked its way around a Supreme Court decision, I could certainly see it catching attention. Justice Scalia made his views clear at oral argument."
Life Is Not Perfect; Neither Is E-Discovery
August 2013 — ABA Section of Litigation: Litigation News
Washington, D.C.-based partner, and co-chair of the ABA Section of Litigation's E-Discovery Subcommittee of the Commercial & Business Litigation Committee, David Cross explains that in some recent cases "there is a trend in which courts are increasingly embracing technology-assisted review and predictive coding."
Delmonte gTLD Blocked in First Successful LRO
August 7, 2013 — World Intellectual Property Review
Flip Petillion, a Brussels-based Intellectual Property and International Disputes Resolution partner, comments on the recent blocked bid for a generic top-level domain (gTLD) in the first legal rights objection (LRO) to be upheld.
Performance Review Rule Preserves Contractor Appeals
August 1, 2013 — Law360
In reaction to the U.S. Department of Defense, the U.S. General Services Administration, and NASA finalizing a change to the Federal Acquisition Regulation that standardizes the evaluation criteria for contractors' performance reviews, Washington, D.C.-based Government Contracts Group partner, Peter Eyre tells Law360 that, "The final rule pushes toward greater oversight of the agencies' reviews, but it remains important for contractors to make sure reports are accurate, because poor reviews can damage a contractor's reputation and ability to win new contracts."
5th Circ. Kickback Ruling Further Squeezes Contractors
July 29, 2013 — Law360
Andy Liu, a Washington, D.C.-based partner, explains to Law360 how a recent Fifth Circuit ruling that allows the government to punish companies for Anti-Kickback Act violations may be hard to measure in terms of practicality reach. According to Liu, this is because, "the government already has a more powerful tool to fight most contract fraud in the False Claims Act, which allows for trebled damages." Liu continues, "It remains to be seen how much of an impact this will have, given that the conduct in Anti-Kickback Act cases will often fall under the False Claims Act as well. …They often go hand in hand. If you look at a lot of the kickback cases, especially those that are coming out of the wars in Iraq and Afghanistan, many of those cases are brought under both statutes."
False Claims Act Settlements Often are Business Deals
July 22, 2013 — Federal Times
Washington, D.C.-based attorneys partner Andy Liu and counsel Jonathan Cone, provide insight as to why government contractors sometimes have a tough decision on whether to settle a case or go to trial, and why it may have less to do with what side of the law the contractors are on, and more to do with cost-benefit analysis. The attorneys note, "investigative and legal costs alone can reach into the hundreds of thousands of dollars before a case even gets to trial. Plus, contractors can risk debarment or suspension." Liu explains, "attorneys always insist upon provisions in any settlement deal indicating that the client contractor denies the allegation that gave rise to the case."
Resigned to Reform, Wall St Tries a Different Tack in DC
July 21, 2013 — Reuters
Washington, D.C.-based Government Affairs partner Eric Edwards comments on the impact of the financial reforms affecting the banking industry under the Dodd-Frank Wall Street Reform and Consumer Protection Act. Specifically, he addresses how the industry is engaging with U.S. bank regulators regarding new rules. Edwards remarks, "You can't fight with your regulator - it's different from sparring with Congress about legislation. At the end of the day, banks will want to have positive ongoing relationships with their regulators, so it makes sense for banks to take a more cooperative posture during rulemaking." Speaking generally about discussions with regulators and not about any specific bank, he comments further noting, "In my experience and in listening to others with similar experiences, the regulators have been very smart about the process. They're taking the information gleaned during meetings, which is useful to them, but not taking it completely at face value."
Health Cos. Want Antitrust Cases Consolidated In Kan.
July 18, 2013 — Law360
Orange County-based Antitrust Group partner, John Gibson is featured in Class Action, Competition, Health, and Life Sciences Law360 for his representation of Owen & Minor Inc. The article highlight's Gibson's arguments that a case his client is involved in "mirrored" a $200 million antitrust suit filed in Kansas federal court, and said "… that both cases are ripe for consolidation in one court and that, because of the 'first-filed' rule, the court should be in Kansas."
Reporting Alone Won't Stop Short-Changing Of Subcontractors
July 17, 2013 — Law360
Washington, D.C.-based Government Contracts partner Amy Laderberg O'Sullivan comments on some of the implications a new U.S. Small Business Administration rule may have on contractors reporting deviations on their small business subcontracting proposals. She explains, "At the end of the day, I think contracting officers are going to be so inundated with paper [that] I don't think you'll actually see a lot of contractors being called on for failing to follow through on their subcontracting proposals."
TalkingPoint: International Trade Disputes
July 12, 2013 — Financier Worldwide
In a Q&A moderated by Financier Worldwide, Washington, D.C.-based counsel Josh Kallmer discusses international trade disputes with Matthew R. Nicely, a partner at Hughes, Hubbard & Reed LLP, and Sean Upson, a partner at Stewarts Law LLP. Kallmer discusses current trends in investment arbitration and trade disputes, possible causes for trade disputes being on the rise, and how the legal environment for international trade has changed in recent years.
Whistleblowers: Impact of Expanded Whistleblower Protections Unclear as Enforcement Begins
July 9, 2013 — BNA Federal Contracts Report
The enhanced whistleblower provisions for contractors may prove to be more of a headache than not. This is because the protections will expand the scope or covered actions, whereas "previously, whistleblower protections only applied to employees of prime contractors doing business with the Defense Department and the National Aeronautics and Space Administration," explains Washington, D.C.-based partner Andy Liu. In addition to setting a three-year statute of limitation to report wrongdoing, the new provisions also expand to cover reports of "abuse of authority," about which Liu clarifies, "though 'abuse of authority' is defined as an arbitrary exercise of authority inconsistent with performance of the contract, the term still creates uncertainty as to what is covered."
DOJ's Hammond Leaves Big Shoes To Fill
July 8, 2013 — Law360
New York-based, White Collar and Regulatory Enforcement partner Daniel L. Zelenko, who is a former federal prosecutor and enforcement lawyer at the U.S. Securities and Exchange Commission (SEC), shares his perspectives on the departure of Scott Hammond from the U.S. Department of Justice. Hammond served in the agency for decades and is departing on October 1, 2013.
Recent MTC Trends, States Begin to Respond to 'Gillette'
June 25, 2013 — Bloomberg BNA "Expert Insight" / June 28, 2013 — Bloomberg BNA "Tax Management Weekly State Tax Report"
Washington, D.C.-based Tax Group associate, Jeremy Abrams, shares his perspective on the impact that three recent cases, Anheuser-Busch v. Michigan Dept. of Treas., IBM v. Michigan Dept. of Treas. and Gillette Co. et al v. FTB, will have on the Multistate Tax Compact (MTC) with Bloomberg BNA. His comments are published in Bloomberg BNA's Tax Management Weekly State Tax Report and Expert Insight blog. According to Abrams, "The flurry of repealing legislation that we're seeing confirms that Compact states are taking this issue very seriously, and for good reason. States potentially could owe millions of dollars in refunds if more decisions like Gillette are handed down. This risk creates some leverage for taxpayers, and they ought to use that leverage to their advantage during audits."
Washington Litigation Departments of the Year: Crowell & Moring General Civil Litigation
June 24, 2013 — National Law Journal
In the National Law Journal (NLJ) special report "Washington Litigation Departments of the Year," Crowell & Moring was named "Department of the Year" in the "General Civil Litigation" category. For this report, the NLJ editorial team evaluated litigation departments in the nation's capital based on several criteria including biggest wins, revenues, headcounts, and operations. As a result of their research and findings, the team selected six "excellent firms" in this first-ever, Washington, D.C.-based contest. When asked about the firm's key to success, firm chairman and Washington, D.C.-based partner, Kent Gardiner, remarked, "Clients bet on us because we bet on ourselves to win for them, and we collaborate to structure our fees around our ability to achieve success as they define it."
Closing the Gap Between Government and Industry -- The Essentials to Build Better Relationships
June 2013 — The Free State Chapter of the National Contract Management Association
Washington, D.C.-based Government Contracts Group associate Gordon Griffin provides insight on the growing concerns government contractors may have about BYOD (Bring Your Own Device) polices. He explains that some agencies may choose to implement a BYOD policy, while others may chose not to. He explains, "One of the most important steps for a contractor is to understand the lack of any overarching uniform BYOD policy and to ensure that the policy for the Agency manage the contract is clearly articulated and understood."
Contractor Suspensions Inconsistent, House Panel Hears
June 13, 2013 — Law360
Angela Styles, Washington, D.C.-based partner and chair of Crowell & Moring's Government Contracts Group who is also a former head of the Office of Federal Procurement Policy, testified at the House Oversight Committee hearing on the topic, "Protecting Taxpayer Dollars: Is the Government Using Suspension and Debarment Effectively?" In the course of her informative testimony, Styles stated, "I have great confidence in the abilities, objectivity and fairness of [suspension and debarment officers] working in these three agencies. I am less confident, however, that the agencies new to suspension and debarment can ensure fairness and consistency without some modifications to the current system."
Facebook Teen Rapper Held for Making Terror Threats
May 29, 2013 — Lawyers.com
Washington, D.C.-based Antitrust Group associate, Adrian Fontecilla, discusses the myriad of legal issues posed by the use of social media after a Massachusetts teen was arrested for posting violent lyrics on his Facebook page in the wake of the Boston Marathon bombings. Fontecilla notes, "The risk that social media creates for its users is that they tend to be as informal and prolific in their social media posts as they would be in private conversations. Because comments made publicly on social media are shared with a wider audience than just the author's friends and family, they can take new and unintended meanings."
FCPA Powerhouse: Crowell & Moring
May 29, 2013 — Law360
Crowell & Moring's White Collar & Regulatory Enforcement Group has been named as one of Law360's 10 "FCPA Powerhouses" for its prowess handling Foreign Corrupt Practice Act (FCPA) matters. The Law360 editors noted, "With Foreign Corrupt Practices Act experience tracing back to the firm's founding in the late 1970s, Crowell & Moring LLP has continued to make its mark in the arena, recently guiding Ralph Lauren Corp. and a Lindsey Manufacturing Co. Executive to successful outcomes in FCPA cases." The factors considered in selecting the winners included the number of attorneys at the firm working on FCPA matters and contributions to this developing area of law, including working on landmark FCPA cases, as well as client representations and outcomes.
Maryland Enacts Investment Tax Credit, Impact on Cybersecurity Industry Debated
May 17, 2013 — Bloomberg/BNA - Tax Management Weekly State Tax Report
Washington, D.C.-based Government Contracts Group associate Gordon Griffin speaks to BNA's Federal Contracts Report about the impact of a recently enacted investment tax credit in Maryland and its impact on the cybersecurity industry. Among other comments, Griffin notes, "Maryland, as home to both the National Security Agency and U.S. Cyber Command, is well-situated to benefit from the federal government's new focus on cybersecurity. Cybersecurity and information security for federal agencies are two of the very few areas of the federal budget that appear somewhat immune to the belt-tightening that is happening throughout the federal government. Policies that encourage growth in this sector could give Maryland a competitive edge in this field, which is exploding in both the public and private sectors."
Feds Seize AP Phone Records for Criminal Probe
May 14, 2013 — USA Today
David Cross, co-chair of the firm's E-Discovery & Information Management practice, discusses legal e-discovery implications related to the U.S. Department of Justice seizing, without notice, phone records from the Associated Press.
Calls For Contractor Debarment Carry Political Appeal
May 13, 2013 — Law360
Washington, D.C.-based Government Contracts Group partner Peter Eyre discusses how automatic or mandatory suspension could potentially be a poor substitute for discretionary debarment. He says, "sometimes the best outcomes happen when contractors work hand in hand with their government customers to become even better, stronger and more compliant contractors."
5 Tips for Out-of-Towners Litigating in California
May 8, 2013 — California Law360
Greg Call, co-chair of Crowell & Moring's Litigation Group and head of the San Francisco office, gives specific advice about the need for attorneys to plan their strategies early when handling cases in California given the state's 75-day notice period for bringing a summary judgment motion. Call's advice is one of the five tips highlighted in this article.
Top Trends in E-Security
May 6, 2013 — Corporate Secretary
David Cross, a partner in the Antitrust and Litigation groups and co-chair of the E-Discovery & Information Management Group in the firm's Washington, D.C. office, sheds light on the need for corporations to address core data, storage and information management problems comprehensively. According to Cross, "There is a need for an information governance officer, an individual or group, that pulls together constituents like IT, corporate counsel, litigation counsel and others."
'Lean In' Maternity Advice Could Spawn Litigation
April 22, 2013 — Employment Law360
Ellen M. Dwyer, Crowell & Moring's managing partner, offers her perspective on maternity leave policies in this article which highlights advice given by best-selling author Sheryl Sandberg in her book "Lean In." Dwyer notes, "I believe that when you have policies that make it really clear and transparent ... all of the ways that an employer can accommodate employees who have needs that take them away from the workplace, it's sending a message to your employees that you are committed."
Ralph Lauren Corp. Agrees to Pay Fine in Bribery Case
April 22, 2013 — New York Times
Tom Hanusik, chair of Crowell & Moring's White Collar & Regulatory Enforcement Group, and the firm are cited as representing Ralph Lauren Corporation in the unprecedented parallel non-prosecution agreements announced with the SEC and DOJ resolving allegations concerning violations of the Foreign Corrupt Practices Act (FCPA) in Argentina. Coverage of this agreement has been reported in the New York Times, Bloomberg News, The Wall Street Journal, Corporate Crime Reporter, and other major media outlets.
Q&A With Crowell's Phil Inglima
April 19, 2013 — Law360
Phil Inglima, partner in the firm's White Collar & Regulatory Enforcement Group and resident of the Washington, D.C. office, tells Law360 why he is concerned about the shrinking pardon power of the president, and about how his mentor helped him become the lawyer he is today in Law360's "Practice Leader Q&A."
This Week's Legal Lions
April 19, 2013 — Law360
San Francisco-based partner, Mark Jansen is featured as a "legal lion" by Law360. The editors noted, "generic drug makers (were) vindicated in a federal circuit court ruling that two claims in Bayer HealthCare Pharmaceuticals Inc.'s patent for a contraceptive were obvious and therefore invalid. The court reached back to patent applications filed with Australian and European agencies in the early 1990s, which defendants had argued contained ideas similar to those in a Bayer patent for Yaz. The Intellectual Property Group team representing Watson Pharmaceuticals Inc. in this matter was led by Mr. Jansen and included Washington, D.C.-based attorneys Cedric Tan, partner; Neil M. McCarthy, senior counsel; and Kristin M. Cooklin, counsel.
Q&A With Crowell's Mark Supko
April 18, 2013 — Law360
Washington, D.C.-based partner and chair of the firm's Intellectual Property Group, Mark Supko tells Law360 in their "Practice Leader Q&A" series about areas of the intellectual property industry that he thinks need to be reformed, and about a good life lesson learned when he was just beginning his legal career.
Q&A With Crowell's Kris Meade
April 17, 2013 — Law360
Washington, D.C. based-partner, Kris Meade, answers questions for Employment Law360 in their "Practice Leader Q&A Series." Kris discusses career highlights and lessons learned over the course of his career.
6 Steps to Secure Systems for Sequester
April 16, 2013 — Government Computer News
Washington, D.C.-based partner, and head of the firm's Homeland Security practice, David Bodenheimer, is interviewed about how cybersecurity is an area that may not see as many cuts or hiring freezes due to sequestration. He also offers advice to IT departments who may be preparing for the impact of sequestration.
Q&A With Crowell's Tom Hanusik
April 12, 2013 — Law360
Chair of the firm's White Collar & Regulatory Group and Washington, D.C.-based partner, Tom Hanusik is profiled in Law360's "Practice Leader Q&A" series. In the article, he describes the most challenging case he's worked on and why the Foreign Corrupt Practices Act needs to be better clarified.
FCA Whistleblowers Forced To Go It Alone As DOJ Drags Feet
April 12, 2013 — Law360
Andy Liu, a partner in the White Collar Group and co-chair of the firm's False Claims Act practice, discusses how there is an increase in the number of whistleblowing from competitors filing whistleblower suits with the DOJ, rather than traditional corporate insiders acting as the whistleblowers.
Investors Bankroll Lawsuits
April 7, 2013 — The Wall Street Journal
Crowell & Moring chairman, and Washington, D.C.-based partner, Kent Gardiner shares this thoughts on third party litigation funding, saying he believes a number of the country's largest companies have "engaged in some kind of funded litigation."
Q&A With Crowell & Moring’s Deirdre Johnson
April 4, 2013 — Law360
Washington, D.C.-based Insurance/Reinsurance partner, Deirdre Johnson tells Law360 about some of the most important insurance and reinsurance cases and a few of the lessons she's learned throughout her legal career in Law360's "Practice Leader Q&A" series.
Q&A With Crowell's Jason Murray
April 4, 2013 — Law360
Los Angeles-based partner in the firm's Antitrust Group, Jason C. Murray, answers questions for Competition Law360 in their "Practice Leader Q&A Series." Jason describes one of the most challenging cases he's worked on and lessons learned from when he first started practicing law.
5 Tips For Surviving The 'Rocket Docket'
April 3, 2013 — Law360
Michael J. Songer, partner and co-chair of the firm's Litigation Group, discusses strategies for handling cases in district courts called "rocket dockets," who have gained a reputation for moving cases along quickly to trial.
Rogers Eyes Legislative Options to Deter Chinese Economic Espionage
April 3, 2013 — Inside U.S. Trade
Washington, D.C.-based counsel and member of the International Trade and International Dispute Resolutions groups, Josh Kallmer discusses how the Committee on Foreign Investment in the United States (CFIUS) review process of a transaction on the national security of the U.S. could allow for the added review of cyber economic espionage.
DOL May Expand Bold Plan For Hospitals After Court Ruling
April 3, 2013 — Law360
Washington, D.C.-based counsel, and member of the firm's Labor & Employment Group, Rebecca Springer comments on the jurisdiction of the Office of Federal Contract Compliance Programs (OFCCP) after a Washington, D.C. federal court recently ruled that the U.S. Department of Labor (DOL) can treat certain hospitals as federal subcontractors for the purposes of affirmative action regulations.
Rising Star: Crowell & Moring's Peter Eyre
April 2, 2013 — Law360
Washington, D.C.-based Government Contracts Group partner Peter Eyre was profiled in Government Contracts Law360 as a "Rising Star."
According to the article, "Whether he is counseling corporations specializing in health care, technology or financial services, Crowell & Moring LLP's Peter Eyre is known for his deft and thorough counsel to key government contractors…".
Cloud Computing Contracts Run Into Bottleneck At GSA
March 28, 2013 — Law360
Continuing a discussion with Law360, Washington, D.C.-based partner David Bodenheimer points out hurdles the GSA's FedRAMP process could face while trying to consolidate agencies' servers and moving data storage to a cloud computing platform.
Conferences: Planning, Coordination, Consistency Urged In Talks Geared to Business and Its Counsel
March 25, 2013 — Bloomberg BNA Product Safety & Liability Reporter
Crowell & Moring LLP's second annual Advertising & Product Risk Management seminar is featured in Bloomberg BNA Product Safety & Liability Reporter in a piece titled, "Planning, Coordination, Consistency Urged In Talks Geared to Business and Its Counsel." According to the piece, "A holistic approach to risk management, integrating legal and business concerns, works best for companies throughout the life cycle of their products."
Herndon: Parties Want Litigation Resolved at MDL Stage
March 25, 2013 — U.S. Chamber Institute for Legal Reform’s Legal Newsline (LNL)
Kathleen Taylor Sooy, chair of the firm’s Class Actions practice, was featured in the U.S. Chamber Institute for Legal Reform's Legal Newsline in a series on multidistrict litigation.
Q&A With Crowell's David Bodenheimer
March 15, 2013 — Law360
Washington, D.C. based-partner, David Bodenheimer, answers questions for Government Contracts Law360 in their "Practice Leader Q&A Series." David describes one of the most challenging cases he's been part of, and lessons learned from when he first started practicing law.
Budget Fallout For Courts 'Unprecedented,' Judges Warn
March 12, 2013 — Law360
Co-chair of Crowell & Moring's Litigation & Trial Group, and head of the firm's San Francisco office, Greg Call discusses how the significant cuts at the California state court level impact attorneys' decisions to take cases to federal courts.
Lawyers Warn of Sequestration's Impact
March 11, 2013 — National Law Journal (subscription)
Government Contracts Group partner Peter Eyre tells The National Law Journal that because of the automatic federal spending cuts that took effect under the March 1 sequestration, he’s advising clients to review all contacts carefully, and to discuss issues with agency officials.
Agency Corrective Action Is No Silver Bullet In Bid Protests
March 6, 2013 — Law360
Washington, D.C.-based Government Contracts Group partner Amy Laderberg O'Sullivan is featured throughout this article for her insight on how federal agencies are handling contracting corrections. She notes, "Agencies are taking corrective action more quickly and with greater frequency, but with mixed results in terms of speeding up the process or changing the ultimate award decision."
USTR Plans New Teams For U.S.-EU Talks, Separate From TPP Negotiators
March 1, 2013 — Inside U.S. Trade
Jonathan Kallmer, Washington, D.C.-based International Trade counsel, offers commentary in this article that explores to Office of the U.S. Trade Representative's tentative plans to create a new set of negotiating teams for upcoming U.S.-European Union trade negotiations that would be structured differently than those engaged in the Trans-Pacific Partnership (TPP) negotiations. Kallmer notes, "The intense negotiating agenda and the strain it poses on USTR personnel is less pressing than the shortage of financial resources." He adds, "This is an agency that is so nimble that it's always been hard, even before the U.S.-EU initiative, to find the financial resources to get people where they need to be to hold the productive, in-person negotiating sessions and other meetings that they need to be able to have."
Fed Courts, DOJ Prepare for Big Cuts: Looming Sequestration Could Force Layoffs and Furloughs
February 25, 2013 — National Law Journal
Thomas P. Gies, partner in the firm's Labor & Employment Group, discusses sequestration, its impact on government contractors, and whether government contractors need to notify employees of the possibility of layoffs from the sequestration under federal law.
Q&A With Crowell's Cliff Zatz
February 15, 2013 — Law360
Washington, D.C. based-partner and chair of the firm's Product Liability & Torts Group, Clifford J. Zatz, answers questions for Product Liability Law360 in their "Practice Leader Q&A Series." Cliff describes one of the most challenging cases he's been part of, and lessons learned from when he first started practicing law.
8 Antitrust Attys Know How To Keep Clients Happy, GC's Say
February 15, 2013 — Law360
Washington, D.C.-based Litigation Group partner Kathryn D. Kirmayer is mentioned in a Law360 article for her inclusion in the "2013 BTI Client Service All-Stars" report from The BTI Consulting Group Inc. The piece highlights competition lawyers who have garnered in-depth knowledge of their client's businesses and put it to practice.
In Win for FTC, Unanimous High Court Finds No State Action Immunity in Hospital Merger
February 12, 2013 — BNA's Health Law Reporter
Washington, D.C.-based co-chair of Crowell & Moring's Health Care Group, Art L. Lerner, comments on the implications of the U.S. Supreme Court ruling on FTC v. Phoebe Putney Health System, Inc. (U.S., No. 11-1160,2/19/13). In reference to Lerner’s view of the ruling, the article notes, "The high court went back to the roots of its state action jurisprudence in holding that there must be an affirmative action policy for state action immunity to apply." Mr. Lerner is specifically quoted with the comment, "It seems entirely logical -- afterwards -- that the decision to apply the doctrine narrowly would be unanimous given that this case involves whether antitrust laws apply rather than how they should be applied."
Corruption Risks Remain High in Defense Sector
February 12, 2013 — Compliance Week
New York-based White Collar & Regulatory Enforcement Group partner, Kelly T. Currie, discusses a report released by Transparency International (TI) that examines global corruption risks in the defense sector. According to Currie, "To reduce corruption risks, a company must engage in the same level of due diligence as it would with the prime contractor…Who are the individuals carrying out the offset contract? Who are the beneficiaries? Where is the money really going?"
Why White is the Right Choice to Head the SEC
February 12, 2013 — Compliance Week
Commenting on the appointment of Mary Jo White as the next Securities and Exchange Commission (SEC), Washington, D.C.-based partner, and member of the White Collar and Regulatory Enforcement Group, Thomas Hanusik highlights White's "'incredible intellect and unparalleled gravitas,'" and agrees that her "'integrity is beyond question.'"
Gov't Contracting Slump Could Spark PE Feeding Frenzy
February 5, 2013 — Law360
Corporate Group member and Washington, D.C.-based partner, Bryan Brewer, identifies cybersecurity and intelligence as potential hot areas where the government may continue to spend money, even with shrinking federal contracting budgets.
Negotiating a Multilateral Agreement on Trade in Services: An Exclusive Interview with Trade Counsel Jonathan S. Kallmer
January 31, 2013 — WorldTrade Executive/Thomson Reuters
Washington, D.C.-based International Trade counsel Jonathan Kallmer, speaks with Thomson Reuters' WorldTrade Executive about recent negotiations of an International Services Agreement (ISA), that would help eliminate barriers among more than 20 economies including the U.S., EU, and Japan. Kallmer discusses the key issues of this 47-nation pact including a potential timelines, strategies, and the complexity of negotiations.
New Law Expands Whistleblower Protections at Federal Contractors
January 29, 2013 — Compliance Week
Washington, D.C.-based Government Contracts Group counsel Peter Eyre speaks to Compliance Week about the National Defense Authorization Act, focusing on the new whistleblower protections. According to Eyre, "Now that internal whistleblowing is covered, federal contractors will also want to improve whistleblower hotlines and other internal reporting mechanisms. Employees should know how to escalate concerns…and advises having a written process in place so that all complaints are handled consistently."
Government Contracts Group of the Year: Crowell & Moring
January 28, 2013 — Law360
Crowell & Moring's Government Contracts Group has been named to Law360's "Practice Groups of the Year," for the third consecutive year. According to the article profiling the firm, "Crowell & Moring LLP's tenacity for its government contracts clients, from fending off more than a dozen challenges to a $220 million military health care award to finally scoring a client $10 billion worldwide criminal justice development contract after three rounds of protests, has earned the firm a spot among Law360's Government Contracts Practice Groups of the Year."
FCA Expansion Fight May Land In High Court
January 28, 2013 — Law360
Co-leader of the firm's False Claims Act practice and Washington, D.C.-based partner, Robert T. Rhoad, offers his insight on the Sixth Circuit's recent ruling in USA v. Allison Engine Co. According to the article, the ruling deepens a circuit split over whether 2009 amendments to the False Claims Act that dramatically expanded the range of conduct targeted by the law can apply retroactively. "In response to the Supreme Court's decision, Congress passed FERA (Fraud Enforcement and Recovery Act), which effectively overruled the court's holding and did precisely that against which the court cautioned - it transformed the FCA into an 'all-purpose anti-fraud statute," said Rhoad.
Sony Fined Over Hacker Attack on PlayStation Data
January 24, 2013 — Bloomberg News
Brussels-based Intellectual Property Group partner, Flip Petillion, comments on Sony Corp.'s U.K. unit being fined by the country's privacy regulator over a 2011 hacker attack that put the personal data of PlayStation users worldwide at risk.
D.C. Struggling to Maintain Legal Services: Providers say that lawyers--and not just their firms--need to pony up
January 21, 2013 — National Law Journal
Susan M. Hoffman, Crowell & Moring's Public Service partner who promotes, supervises and participates in the pro bono work performed by the firm's attorneys, was featured in the National Law Journal for a piece about charitable giving to legal services providers in the District of Columbia. According to Hoffman, the Raising the Bar campaign that sets revenue-based benchmarks for law firms (run by The Access to Justice Commission) is "a major force in encouraging giving because it set standards. Law firms tend to keep details of contributions closer to the chest than do other businesses, making it harder for firms to know whether their giving is on par with their peers. The campaign made it easier for firms to make sure they're being “a good community citizen."
Crowell & Moring Names New D.C. Partner
January 18, 2013 — Global Competition Review
Washington, D.C.-based attorney Shawn Johnson is featured in Global Competition Review as being recently promoted to partner in the firm's Antitrust Group. Johnson shares, "I am very excited and looking forward to continuing to grow our practice. This promotion offers me an opportunity to develop additional clients and provides me a platform for further growth." Co-chair of the Antitrust Group, Wm. Randolph Smith tells the publication that Johnson's "deep industry knowledge and ability to offer practical solutions will continue to add value to our clients."
NDAA Shines Spotlight On Contractor Indemnification
January 10, 2013 — Law360
Government Contracts Group counsel and Washington, D.C.-based attorney, Stephen McBrady, offers his insight on the importance of indemnification, and says that the National Defense Authorization Act (NDAA) will restore some transparency to the process of indemnification.
Government Contracts Regulation And Legislation To Watch In 2013
January 1, 2013 — Government Contracts Law360
Washington, D.C.-based Government Contracts Group partner Peter Eyre and associate Stephan Rice comment on key areas to keep an eye on in 2013 on the government contracts front including sequestration, federal funding levels, and cybersecurity.
Corruption Risks Increasing in China, Russia, and Mexico
December 18, 2012 — Compliance Week
New York-based White Collar & Regulatory Enforcement Group partner, Kelly T. Currie, discusses how corruption risks are increasing for companies that do business in places like China, Russia, and Mexico. Currie discusses how these companies will need to align their anti-corruption compliance efforts with the global enforcement environment.
White Collar MVP: Crowell & Moring's Janet Levine
December 12, 2012 — Law360
Los Angeles-based partner and chair of the firm’s White Collar & Regulatory Enforcement practice, Janet Levine has been named as a Law360 White Collar MVP for 2012. She is featured for successfully fending off the first Foreign Corrupt Practices Act prosecution of a corporation to go to a jury, and successfully defending a CFO in a corruption case that ended in the conviction of the company and its CEO, among other highlights.
EC Win In Merger Fine Case Puts Companies On Notice
December 12, 2012 — Competition Law360
New York-based Antitrust Group counsel, Olivier N. Antoine talks to Competition Law360 about the European Union being more aggressive with big penalties for unintentional merger notification breaches regardless of whether the mergers are anti-competitive.
Q&A Feature: "Falvey Discusses Testing and Other Issues with Product Safety Letter"
December 10, 2012 — Product Safety Letter
Cheryl Falvey, former general counsel of the CPSC and partner in Crowell & Moring LLP's Torts and Advertising & Product Risk Management groups, recently conducted a feature Q&A with the editor of Product Safety Letter. The piece addressed testing methods associated with CPSC rules, the passage of CPSIA, and some of the additional challenges facing the Consumer Product Safety Commission.