Insights

Washington, D.C. – January 13, 2015: Crowell & Moring LLP is pleased to announce the publication of its third annual "Litigation Forecast: What Corporate Counsel Need to Know in the Coming Year," and the introduction of its first-ever "Regulatory Forecast 2015: What Corporate Counsel Need to Know in the Coming Year."

Washington, D.C. – September 15, 2014: Crowell & Moring LLP is pleased to announce that Washington, D.C.-based Government Contracts Group partner Peter J. Eyre has been named to the National Law Journal's list of "40 Under 40 Rising Stars." The 2014 list spotlights 40 private, government, and public interest advocacy attorneys—each 40 or under—who are leaders in the law.

Washington, D.C. – April 11, 2013: Crowell & Moring LLP is pleased to announce that Government Contracts Law360 named Washington, D.C.-based Government Contracts Group partner Peter J. Eyre to its 2013 list of "Rising Stars." The highly competitive national list recognizes the top five government contracts attorneys under 40 years old. Eyre was profiled in a feature story which published on April 2 and is available here.

A wave of recent changes in federal and state law pertaining to PFAS chemicals is likely to present both immediate and long-term challenges to the government contracting community. At the federal level, contractors that import products, parts, packaging, equipment or other articles with components that contain PFAS must confront new and extensive regulatory reporting requirements relating to such imports going back to 2011, and they must do so by May 2025. At the state level, a growing list of states are enacting total bans on the sale and distribution of such products and components. On top of this flurry of environmental regulatory activity, the Biden Administration continues to direct federal agencies to develop procurement strategies that prioritize the purchase of PFAS-free articles as part the Administration’s broader effort to leverage the federal procurement function in pursuit of climate and sustainability policy objectives.

On March 27, 2023, President Biden signed the Executive Order on Prohibition on Use by the United States Government of Commercial Spyware that Poses Risks to National Security (EO), restricting federal agencies’ use of commercial spyware.  The Biden Administration cited targeted attacks utilizing commercial spyware on U.S. officials and human rights abuses abroad as motivations for these restrictions.

In General Atomics Aeronautical Systems, Inc., ASBCA Nos. 61633, 61731 (Feb. 8, 2023), released March 14, 2023, the Armed Services Board of Contract Appeals (ASBCA) considered, but declined to answer, the existential question of whether intracompany lease payments are “costs.”  The ASBCA denied the Government’s motion for summary judgment, finding that material facts about the contractor’s intracompany lease payments remained in dispute.  Further, the ASBCA held that because the Government failed to respond to the contractor’s affirmative defense that the Government’s claim was barred by the statute of limitations, the Government was not entitled to summary judgment.

On November 12, 2008, the FAR Council will publish the long-awaited final acquisition rule imposing mandatory disclosure obligations on federal contractors and subcontractors for "significant overpayments," violations of Federal criminal law involving fraud, conflict of interest, bribery or gratuity violations, and violations of the civil False Claims Act. Federal contractors executing a new contract after December 12, 2008, including a commercial item contract or one performed overseas, expected to exceed $5 million and with a performance period of at least 120 days, will be required to make timely disclosures to the agency Inspector General and Contracting Officer and will face potential suspension or debarment for knowing failure to make such disclosures. 

There are business opportunities abound in and with the US. You just have to know where to find them and how to navigate through the rules and regulations. Crowell launches a series of webinars in which we will help you to successfully do business in and with the US. Don’t miss out on this series where our practitioners will guide you through the intricate legal landscape to ensure you can establish and conduct your business in a fast and easy way. We will cover what you need to think about before expansion, launching in the US and then ensuring long term success.The topics to be discussed in this series will include:

Recent pronouncements from top Department of Justice (“DOJ”) officials, and corresponding updates to the DOJ’s corporate criminal enforcement policies, highlight the Department’s focus on incentivizing voluntary disclosures and the increasingly critical role that a robust compliance program must play in companies today.  Our panel discussion with seasoned Crowell White Collar & Regulatory Enforcement, Investigations, and Labor and Employment attorneys will provide background and context to the updated policies, break down the new developments, and discuss actionable, practical steps that companies can take now to ensure alignment with the updated DOJ guidance—particularly when it comes to calibrating corporate compliance programs to incentivize good behavior and avoid misconduct. 

Please join Crowell & Moring’s Government Contracts Group on Wednesday, February 8, 2023 at 1:00 p.m. ET for a webinar on the National Defense Authorization Act for Fiscal Year 2023. 

This week's episode covers the National Cyber Security Strategy, a final DFARS clause requiring disclosure of use of workforce and facilities in the China, the Department of Commerce’s first Notice of Funding Opportunity under the CHIPS and Science Act of 2022, and congressional inquiries about financial conflicts of interest and ethically questionable behavior by senior government officials across the executive branch, and is hosted by Peter Eyre and Yuan Zhou. Crowell & Moring's "Fastest 5 Minutes" is a biweekly podcast that provides a brief summary of significant government contracts legal and regulatory developments that no government contracts lawyer or executive should be without.

This week's episode covers DOJ’s Voluntary Self-Disclosure Policy, a new Disruptive Technology Strike Force, and a bid protest involving evaluation of a joint venture’s past performance, and is hosted by Peter Eyre and Yuan Zhou. Crowell & Moring's "Fastest 5 Minutes" is a biweekly podcast that provides a brief summary of significant government contracts legal and regulatory developments that no government contracts lawyer or executive should be without.

This week's episode covers a bid protest decision relating to discussions, a Federal Circuit decision about jurisdiction under the Federal Acquisition Streamlining Act, and an update to the VA Acquisition Regulation, and is hosted by Peter Eyre and Yuan Zhou. Crowell & Moring's "Fastest 5 Minutes" is a biweekly podcast that provides a brief summary of significant government contracts legal and regulatory developments that no government contracts lawyer or executive should be without.