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How to Limit COVID-19 Related Legal Claims

Client Alert | less than 1 min read | 01.11.21

In their Commentary, “How to Limit COVID-19 Related Legal Claims” in the January 2021 issue of Engineering News-Record, Meagan Bachman and Josh Lindsay of C&M discuss advice for limiting and mitigating the disputes that are coming as a result of COVID-19-related disruptions to construction projects. Even as the first vaccines are distributed around the globe, sustained challenges and cost and time impacts to projects can be expected. But there also are opportunities to mitigate the deleterious effects of COVID-19 and reduce the possibility of large-scale disputes down the road.

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Client Alert | 2 min read | 05.14.26

Proposed DFARS Rule Could Require Disclosures and Mitigation Related to Foreign Ownership, Control, and Influence (FOCI) on Certain Unclassified Contracts

On May 7, 2026, the Department of War issued the long-awaited Proposed Rule to implement Section 847 of the FY 2020 National Defense Authorization Act (NDAA) regarding Foreign Ownership, Control or Influence (FOCI) requirements for contractors. The proposed rule would expand the applicability of FOCI reviews, requiring contractors and subcontractors on unclassified “covered contracts” — defense contracts and subcontracts valued in excess of $5 million that are not for commercial products and services — to submit FOCI disclosures to the Defense Counterintelligence and Security Agency (DCSA) for FOCI risk assessment (and as applicable, mitigation) as part of contract award. This would effectively require DCSA assessment and adjudication of FOCI considerations prior to contract award. Thus, both cleared and uncleared defense contractors would be subject to the rigorous DCSA disclosure requirements, scrutiny, and FOCI mitigation. Crowell discussed the Section 847 requirements in a prior alert....