Designed for busy in-house counsel and compliance professionals, this newsletter seeks to bring you up to speed on key federal and state False Claims Act (FCA) developments, with links to primary resources. Each quarter,...more
7/31/2025
/ Cybersecurity ,
Department of Defense (DOD) ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
Enforcement Actions ,
False Claims Act (FCA) ,
Genetic Testing ,
Healthcare Fraud ,
Medicare ,
New Legislation ,
Reporting Requirements ,
State and Local Government ,
State Attorneys General ,
Telemedicine ,
Whistleblowers
On July 23, 2025, President Trump released his Artificial Intelligence (AI) Action Plan, with the aim of ushering in an era of American dominance in the rapidly emerging technology. The AI Action Plan delivers on a promise...more
7/30/2025
/ Artificial Intelligence ,
Cybersecurity ,
Data Centers ,
Department of Defense (DOD) ,
Diversity and Inclusion Standards (D&I) ,
Executive Orders ,
Export Controls ,
Federal Contractors ,
Machine Learning ,
National Security ,
NIST ,
OSTP ,
Regulatory Reform ,
Semiconductors ,
Supply Chain ,
Trump Administration ,
U.S. Commerce Department
The incoming Trump administration has sent many signals that it intends to ramp up the Department of Defense’s use of nontraditional acquisition pathways to bridge the “Valley of Death” and bring innovative technologies to...more
2/17/2025
/ Acquisitions ,
Biomedical Advanced Research and Development Authority (BARDA) ,
Contract Terms ,
Defense Sector ,
Department of Defense (DOD) ,
Department of Homeland Security (DHS) ,
Federal Contractors ,
Government Agencies ,
Intellectual Property Protection ,
NASA ,
National Institute of Health (NIH) ,
National Security ,
Procurement Guidelines ,
Risk Management ,
Trump Administration ,
TSA
The Federal Acquisition Regulation (FAR) Council issued its long awaited proposed rule on Controlled Unclassified Information (CUI) on January 15, 2025. The proposed rule establishes a common form to be used by all federal...more
1/24/2025
/ Controlled Unclassified Information (CUI) ,
Cybersecurity ,
Defense Contracts ,
Department of Defense (DOD) ,
DFARS ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Government Agencies ,
NIST ,
Proposed Rules ,
Reporting Requirements ,
Risk Management ,
Subcontractors ,
Subcontracts
Citing the threats posed by foreign adversaries and criminal organizations, and seeking enhanced accountability for companies that provide software and cloud services to the federal government, the Biden administration has...more
1/20/2025
/ Artificial Intelligence ,
Biden Administration ,
Cloud Computing ,
Cloud Service Providers (CSPs) ,
Cybersecurity ,
Cybersecurity Information Sharing Act (CISA) ,
Data Security ,
Department of Defense (DOD) ,
Executive Orders ,
False Claims Act (FCA) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
FedRAMP ,
Foreign Adversaries ,
NIST ,
OMB ,
Pay Equity Laws ,
Privacy Laws ,
Regulatory Reform ,
Risk Management ,
Software ,
Supply Chain ,
Trump Administration
On December 23, 2024, President Biden signed the Source Code Harmonization and Reuse in Information Technology Act (“SHARE IT Act” or “the Act”), which provides a formal mechanism for federal agencies to store and share...more
1/14/2025
/ Biden Administration ,
Compliance ,
Contract Terms ,
Data Security ,
Department of Defense (DOD) ,
DFARS ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Funding ,
Intellectual Property Protection ,
New Legislation ,
Regulatory Requirements ,
Software ,
Source Code
On September 4, 2024, the U.S. Department of Defense (DoD) issued a proposed rule to update its longstanding but little-known regulations for prototype other transactions (OTs), including new sections that authorize follow-on...more
On May 2, 2024, the U.S. Department of Defense (DoD) issued an important class deviation that provides necessary relief for contractors endeavoring to comply with ever-changing cybersecurity requirements. The deviation...more
Designed for busy in-house counsel and compliance professionals, this newsletter seeks to bring you up to speed on key federal and state False Claims Act (FCA) developments, with links to primary resources. Each quarter, we...more
4/12/2024
/ Anti-Kickback Statute ,
Department of Defense (DOD) ,
Department of Justice (DOJ) ,
False Claims Act (FCA) ,
Federal Contractors ,
Federal Employees ,
Healthcare ,
Healthcare Fraud ,
Medicare ,
Nursing Homes ,
Popular
On December 22, 2023, President Biden signed the National Defense Authorization Act for Fiscal Year 2024 into law after bipartisan congressional majorities approved the bill earlier in the month. The annual bill authorizes...more
1/3/2024
/ Antitrust Provisions ,
Department of Defense (DOD) ,
Economic Sanctions ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Goods or Services ,
Inflation Adjustments ,
NDAA ,
Popular ,
SDVOSB ,
Small Business ,
Supply Chain
The U.S. Department of Defense released a special holiday treat for government contractors and subcontractors last week in the form of long-promised proposed regulations for its Cybersecurity Maturity Model Certification...more
1/3/2024
/ Chief Information Officers (CIO) ,
Controlled Unclassified Information (CUI) ,
Cybersecurity ,
Cybersecurity Maturity Model Certification (CMMC) ,
Department of Defense (DOD) ,
DFARS ,
Federal Contractors ,
Internet of Things ,
NIST ,
Popular ,
Risk Assessment ,
Risk Management ,
Subcontractors
In what can best be described as a tsunami of cybersecurity regulation, the Federal Acquisition Regulation (FAR) Council—consisting of the Department of Defense (DoD), General Services Administration (GSA), and National...more
10/9/2023
/ Cloud Storage ,
Cyber Incident Reporting ,
Cyber Threats ,
Cybersecurity ,
Cybersecurity Information Sharing Act (CISA) ,
Department of Defense (DOD) ,
Department of Homeland Security (DHS) ,
False Claims Act (FCA) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
General Services Administration (GSA) ,
Information Technology ,
Internet of Things ,
NASA ,
National Security Agency (NSA) ,
NIST ,
OMB ,
Popular ,
Proposed Rules ,
Risk Management ,
Subcontractors
As most experts expected, Congress has passed the bill to reauthorize the SBIR and STTR programs until September 30, 2025. The bill is now headed for the White House, where the President is expected to sign it into law....more
On September 29, 2020, the Department of Defense (DoD) issued a long-anticipated interim rule implementing its Cybersecurity Maturity Model Certification (CMMC) program. The rule introduces a new mandatory construct, the DoD...more
Department of Defense (“DoD”) acquisition chief Ellen Lord earlier this week issued a memorandum reducing internal approvals required to issue other transactions (“OTs”) for prototype projects related to the national...more
Popular science fiction is replete with examples of artificial intelligence (AI) gone awry, from HAL, the killer AI of Arthur C. Clarke’s 2001: A Space Odyssey, to the supercomputer bent on nuclear annihilation in WarGames,...more
BID PROTESTS, LATEST DEVELOPMENTS & TWISTS -
Bid Protests: Agenda -
1. LOGCAP V and Task/Delivery Order Protest Jurisdiction
2. SpaceX and Other Transaction Authority Protest Jurisdiction
3. Potential Impact of New...more
Other Transaction Agreements (OTAs): The term is familiar among government contractors, yet commonly misunderstood. Recently, the Government Accountability Office (GAO), in Oracle America, Inc., B-416061, May 31, 2018, 2018...more