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.
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, 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 [4.22.13]; [5.8.13], Financial Times [sub. req.], 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.
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.
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.
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.