Articles Posted in Construction Generally

Posted
by

On March 14, U.S. Federal Judge Royce Lamberth granted Halliburton’s motion for summary judgment and dismissed Mr. Barko’s claims against Halliburton, filed under the False Claims Act (FCA), which, along the way, resulted in important rulings protecting the attorney client privilege. The case is United States of America ex rel. Harry Barko v. Halliburton Company, et al. As a result of Judge Lamberth’s ruling, this long and protracted litigation may be nearing an end after twelve years and several decision by the federal district court and the U.S. Court of Appeals for the District of Columbia Circuit.

Continue Reading ›

Posted
by

Below is a brief summary of the Office of Management and Budget’s recently issued “America First, A budget Blueprint to Make America Great Again.”  The Blueprint only provides details on discretionary spending proposals. The full budget, to be released later this spring, will include specific tax proposals and a “full fiscal path.”

Continue Reading ›

Posted
by

Yesterday, the White House published a Presidential Executive Order on a Comprehensive Plan for Reorganizing the Executive Branch directing the Director of the Office of Management and Budget, after a period of review and consultation with the agencies, to propose a plan to streamline the federal government’s executive agencies, both reorganizing governmental functions and eliminating unnecessary agencies. It may take a year to formulate.

Posted
by

In FERC Enters the Trump Era, The agency announces staff-led Technical Conference as Trump administration expected to name new Commissioners, my colleagues Jeff Merrifield, Sheila McCafferty Harvey, Jeff Delaney and I discuss the Federal Energy Regulatory Commission’s much-anticipated announcement that occurred on March 3 regarding its upcoming staff-led technical conference on wholesale energy and capacity markets.

Posted
by

In Great Expectations,  DOJ holds anti-corruption compliance programs to a high standard in evaluating their credibility, our colleagues Bill Sullivan, Nancy Fischer and Aaron Hutman discuss the U.S. Department of Justice’s (DOJ) February 8 release of a list of important topics and sample questions that the Criminal Division’s Fraud Section has frequently found relevant in evaluating the adequacy of a corporate compliance program. The new guidance is intended to assist ethics and compliance officers in crafting effective corporate compliance policies and procedures, and signals how DOJ’s new compliance expert, Hui Chen, is expected to assess a company’s compliance program.

Posted
by

Referencing Executive Orders issued by past administrations, on February 24, 2017, President Trump issued a new Whitehouse-300x225Executive Order: “Enforcing the Regulatory Reform Agenda.” The Executive Order establishes new procedures and timelines by which most federal administrative agencies must conduct their regulatory planning and review.

Continue Reading ›

Posted
by

In Phishing for W-2s: IRS Warns of Expanding Cyber Scam, Pillsbury attorneys Catherine Meyer and Kate Nyce cautioncyber-300x225 all employers to be aware of and protect against cybercriminals scamming employers into turning over their employees’ W-2s.

Photo:   Blogtrepreneur, Data Breach – Creative Commons

Posted
by

In its recent Atlantic Systems decision, the Government Accountability Office clarified whether an agency is required or simply has discretion to credit past performance references submitted on behalf of an offeror’s proposed subcontractor. The answer: it depends on the type of procurement. For more information, read our  Taking Credit for Subcontractor Past Performance GAO clarifies when an agency may decline to evaluate a proposed subcontractor’s past performance references.

Additional Source:  Matter of Atlantic Systems Group, Inc., File B-413901; B-413901.2, Decision (Jan. 9, 2017)

Posted
by

In “Buy American, Hire American”—From Rhetoric to Regulation, our colleagues Glenn Sweatt, Nancy Fischer, Steve Becker and Matthew Rabinowitz discuss what may be on the horizon for among others, U.S. Government contracts, under the Buy American Act, and other similar protectionist regulations. These laws and regulations require U.S. Government contractors to exclusively use, or give a preference to, U.S. suppliers. Recent statements and Presidential Memorandum from the Trump Administration provide a hint that changes in regulations, exemptions and enforcement may be on the horizon, which will certainly impact U.S. Government construction contracts.

Posted
by

In White Paper Sets Out UK Government’s Brexit Strategy, Pillsbury partners Tim Wright and Sam Pearse discuss the United Kingdom Government’s recent publication of a White Paper titled The United Kingdom’s exit from and new partnership with the European Union that sets out its Principles and Objectives for exiting the EU. Though the White Paper is silent on construction industry generally, even this sector will likely be impacted in a number of ways including through controls on migrant workers as well as new customs arrangements and tariffs – assuming a hard Brexit. Public Procurement laws in the UK are also likely to change; environmental and health and safety laws may also change once the UK leaves the EU.