DCAA "Independence"
Client Alert | less than 1 min read | 03.24.09
The Defense Contract Audit Agency (DCAA) has revised its policy concerning "unsatisfactory conditions related to actions of Government Officials" to provide that "significant and serious" disagreements with actions by government officials, including contracting officers, will be reported directly to the Inspector General rather than to the Government official's management chain, as had been the policy in the past (Mar. 13, 2009). Prior guidance had already required direct reporting of "suspected irregularities" such as criminal violations, and this guidance appears to be intended to cover discretionary decisions that the auditors believe will "result in substantial harm to the Government or taxpayers, or that frustrate public policy."
Insights
Client Alert | 3 min read | 04.17.26
On March 18, 2026, the Antitrust Division (Division) of the U.S. Department of Justice (DOJ) entered into a Non-Prosecution Agreement (“NPA”) with Broadway Across America (“BAA”), resolving a criminal antitrust investigation into agreements between BAA and another entertainment company (“Company A”) that included non-compete restrictions on Company A’s ability to offer potentially competing programming. Notably, the restrictions were contained in a vertical agreement by which BAA presented touring shows at theaters owned by Company A. The announcement is a reminder that the agencies continue to scrutinize non-compete agreements contained in business contracts, and all non-compete provisions, even those included between vertical partners, should be reviewed by antitrust counsel.
Client Alert | 2 min read | 04.16.26
Client Alert | 4 min read | 04.16.26
ROI Tracking as Mens Rea? Novartis Ruling Reframes AKS Pleading Risk
Client Alert | 4 min read | 04.15.26
