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Deliver Uncompromised – or Else? DoD Considers Elevating Security in its Procurement Process

Client Alert | 1 min read | 08.14.18

Contractors may soon need to recalibrate their approach to DoD procurements. The Department recently announced that it is reviewing a strategy dubbed “Deliver Uncompromised,” which lays out recommendations for how it can better secure its vast and varied supply chain. Central to the strategy is an increased focus on security in the procurement process. A contractor’s overall security would join cost, performance, and schedule as key evaluation pillars – marking a significant shift in how contractors compete for work. The strategy recognizes, however, that its success would likely require increased incentives for the contracting community to invest in risk mitigation, including liability protections and tax incentives. Although only a proposal for now, the strategy is yet another indicator of the government’s broader emphasis on supply chain security. Just yesterday, the National Defense Authorization Act for Fiscal Year 2019 was signed into law in record time, with several provisions focused on the same issue.  

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Client Alert | 3 min read | 06.03.26

Important EU Court Judgment Clarifies Rules on Interest Due in Cartel Damages Cases

In a judgment that will have direct and immediate consequences, the Court of Justice of the European Union (CJEU) has clarified that for all competition damages actions brought after 26 December 2014, interest runs from the date on which the harm occurred. The ruling addressed two important questions: (1) whether national provisions implementing Article 3(2) of the EU Damages Directive — which requires interest to run from the date harm occurred —apply to cases in which the harm preceded the adoption of those provisions; and (2) how the date of harm should be determined in cartel cases involving the purchase of goods at inflated prices....

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