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Final FAR Rule Limits Contractors’ Use Of Employee Confidentiality Agreements

Client Alert | 1 min read | 01.25.17

As of January 19, 2017, a new FAR Council Rule will prohibit federal dollars from going to companies that require employees or subcontractors to sign internal confidentiality agreements that restrict employees from reporting suspected waste, fraud, and abuse to the government; it will also require contractors to notify current employees and subcontractors that any existing confidentiality agreement inconsistent with this new Rule is no longer in effect. The Final Rule (discussed in greater detail here) was published in the Federal Register on January 13, 2017, and applies to all solicitations and contracts using fiscal year 2015 (and subsequent fiscal year) funds that do not already contain a comparable provision.

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Client Alert | 7 min read | 06.24.26

DOJ’s National Security Division Announces First Declination Under New Corporate Enforcement Policy With Parallel BIS Settlement

On June 17, 2026, the U.S. Department of Justice’s (DOJ( National Security Division (NSD) announced that it had issued a declination for Robert Bosch GmbH (Bosch) relating to potential violations of the Export Control Reform Act, 50 U.S.C. § 4819 (ECRA). Specifically, the DOJ declined to criminally prosecute Bosch’s violations of the Export Administration Regulations’ (EAR) Foreign Direct Product Rule (FDPR), which apparently resulted from two Bosch subsidiaries’ export of products and software manufactured with equipment that was the direct product of U.S. software or technology to Huawei Technologies Co., Ltd. and its “Entity List” affiliates, including Huawei Tech. Investment Co., Ltd., Hong Kong (collectively, Huawei). The same day, the U.S. Department of Commerce Bureau of Industry and Security (BIS) announced a parallel civil administrative settlement with Bosch....