Navigating the Complex Intersection of Cybersecurity and Legal Regulations

In a recent episode of the “Regulatory Phishing” podcast, Cybersecurity and Government Contracts attorney Eric Crusius sat down with Stuart Itkin, a senior vice president and the chief marketing officer at NeoSystems. They discussed a wide range of sensitive topics impacting today’s ever-evolving cybersecurity landscape. Click here to listen to the full podcast episode. The…

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Navigating Third Quarter 2023 Government Contract Legal Changes: Strategic Adaptation for Corporations

As the third quarter of 2023 draws to a close, legal professionals in the corporate world have been contending with an array of policy and regulatory changes across government contracts. Notably, businesses faced the looming threat of a potential government shutdown, an issue that invariably triggers serious legal implications. A detailed review by the law…

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Government Agencies Issue Clarifications for Facility Clearance Requirements in Joint Ventures and Corporations

On October 5, the Information Security Oversight Office (ISOO) released a joint notice in coordination with the Small Business Association (SBA) and the Department of Defense (DOD). This joint notice served to clarify the role of the Cognizant Security Agency (CSA) in determining which entities require an Entity Eligibility Determination (EED), more commonly referred to…

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GAO Bid Protest Report Reflects Surprising Upsurge and Impact on Government Procurement

Every year, the Government Accountability Office (GAO) presents an annual bid protest report to Congress. This year, on October 26, the organization delved into some interesting findings, exhibiting an unforeseen increase in the number of protests filed. What stands out is the jump in numbers following four consecutive years of decline. This shift has caught…

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Influential Florida Lawyer John Ruiz Linked to Rep. George Santos’ Funding Debacle

Welcome to today’s legal news roundup from around the globe, a daily digest for corporate lawyers, professionals in large law firms, and in-house counsel. One of today’s most noteworthy discussions involve personal injury lawyer John Ruiz, one of the most affluent and influential lawyers in Florida. According to reports, Ruiz has emerged as the ‘true…

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Significant Government Contract Developments: A Crucial Resource for Legal and Compliance Professionals

In a recent biweekly update released by law firm Jenner & Block, a series of pivotal government contract developments were addressed, with emphasis on their importance for legal and compliance professionals, business executives, and contracting specialists within the government sector. The legal round-up included summaries of significant developments in the area of government contracts, appraising…

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Navigating Legal and Ethical Obligations: A Guide for New York Government Contractors

As a government contractor in New York, observing transparency, impartiality, and avoiding conflicts of interest are paramount. This adherence to ethical and legal guidelines laid down by the state government ensures that your business is both compliant and adroit in securing contractual awards. Six areas, in particular, are worthy of close attention, especially when dealing…

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DoD Solidifies Mentor-Protégé Program: Implications for Federal Contracting Dynamics

The Department of Defense (DoD) recently took a decisive step in solidifying the DoD Mentor-Protégé Program (DoD MP Program). On October 25, 2023, they published a Proposed Rule that aims to amend the Department of Defense Federal Acquisition Regulation Supplement (DFARS). Committed to promoting growth and development, this proposed change also permanently authorizes the DoD…

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Former US Army Chief Trial Attorney Scott Flesch Joins Miller & Chevalier’s Government Contracts Practice

Former Chief Trial Attorney of the US Army, Scott N. Flesch, has recently made a significant transition into private practice. Flesch has joined the government contracts counseling and litigation practice at Miller & Chevalier. During his tenure in the US Army, Flesch handled contract disputes litigation and administered proceedings before the Armed Services Board of…

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Key Insights from the Fourth Annual Federal Contracts Symposium: Compliance, Legislation, and Future Impacts

Following the recent Fourth Annual Federal Contracts Symposium, Fox Rothschild LLP has generously shared the materials from their presented key topics, determined to be of relevance for a vast pool of government contractors. These topics encapsulate a comprehensive spectrum of subjects, including but not limited to case law updates, cost accounting compliance, and the significant…

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GAO Bid Protest Annual Report: Crucial Insights for Government Contracting Legal Strategies

The U.S. Government Accountability Office (GAO) recently published its eagerly awaited Bid Protest Annual Report to Congress for Fiscal Year 2023. Ensuing annually as per the Competition in Contracting Act of 1984 (CICA), the report bestows invaluable insight into GAO’s bid protest function to the government contracting community. Despite its modest size, spanning a brief…

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Proposed Cybersecurity Revisions to Federal Acquisition Regulation Projected to Affect Government Contractors

Earlier this month, the Department of Defense, General Services Administration, and the National Aeronautics and Space Administration introduced two draft changes to the Federal Acquisition Regulation (FAR). These proposals, aimed primarily at enhancing the cybersecurity of government information systems, arose in response to Executive Order 14028 on Improving the Nation’s Cybersecurity, issued by the White…

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Streamlining Cybersecurity: FAR Council’s Proposed Measures for Federal Agencies and Contractors

The second part of the Aerospace & Defense Insights series delves into the recently proposed Federal Acquisition Regulation (FAR) Council rules intended to combat cyber threats. These efforts are within the realm of procurement law. The impetus revolves around standardizing cybersecurity contractual requirements across Federal agencies for unclassified Federal information systems under the denomination of…

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Essential Government Contracts Legal Update: Key Developments Impacting Compliance and Business

Welcome to issue 17 of our ‘Government Contracts Legal Round-Up’, where we provide biweekly updates on the latest developments in government contract law. Our round-up serves to equip legal, compliance, contracting, and business executives within the world’s largest corporations and law firms with concise summaries of key developments. Like every update, we strive to bring…

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SBA Amends Regulations to Promote Lower-Tier Small Business Subcontracting Credit

The Small Business Administration (SBA) has recently issued a final rule amending its regulations concerning lower-tier small business subcontracting credit. This significant development is intended to align with statutory changes introduced in the National Defense Authorization Act (NDAA) for Fiscal Year 2020. The aim of the rule change is to encourage larger contractors to utilize…

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AI and Defense Procurement Expert Eric Ransom Rejoins Crowell & Moring’s Government Contracts Group

Eric Ransom recently returned to Crowell & Moring as a partner in their government contracts group. As part of his role, Ransom will deliver strategic advice regarding procurement laws, regulations, best practices, and their relationship with artificial intelligence and defense technologies. Prior to his newly reinvigorated partnership at Crowell & Moring, Ransom was assigned significant…

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Proposed FAR Rules Set to Impact Cybersecurity Responsibilities for Government Contractors

The Federal Acquisition Regulatory (FAR) Council released two notable proposals on October 3, 2023, which are likely to usher in significant changes to the duties of government contractors in terms of cybersecurity. The implications of these proposed changes are potentially far-reaching, and it is crucial for legal professionals dealing with government contracts to acquaint themselves…

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SBA Reopens Certify Portal to Boost Disadvantaged Small Businesses Through 8(a) Program

On September 29, the Small Business Administration (SBA) announced that it will reopen its Certify portal to new applicants seeking admittance into the SBA 8(a) program, a critical announcement that underscores the commitment of the SBA to foster small-business growth. The SBA 8(a) program is a business development program established to aid socially and economically…

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DOJ Reinforces Cybersecurity Standards Enforcement through False Claims Act: The Verizon Precedent

The latest development in compliance enforcement comes as the Department of Justice (DOJ) has solidified its precedent of using the False Claims Act (FCA) to maintain cybersecurity standards. This reaffirmation came on September 5, 2023, when the DOJ announced its FCA settlement with Verizon Business Network Services, LLC evidenced this trend. The DOJ’s action was…

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Navigating Pay-to-Play Regulations Ahead of 2023 Elections: Compliance and Integrity at Stake

In the fiercely competitive political arena of the 2023 elections, maintaining compliance with pay-to-play regulations remains a pressing concern for corporations seeking or currently holding state and local government contracts. As the elections are just over a month away, these businesses have hopefully been diligently educating their directors, officers, and other personnel about the significance…

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SBA Adjusts 8(a) Eligibility Criteria: Court Ruling Impacts Federal Contractor Selection

On July 19, 2023, significant implications were made apparent on the U.S. Small Business Administration (SBA)’s 8(a) Business Development program. The U.S. District Court for the Eastern District of Tennessee in the Ultima Services Corp. v. U.S. Department of Agriculture case imposed an injunction on the SBA. It prevented the SBA from determining federal contractor…

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