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1
Government Contracts Legislative And Regulatory Updates - January 2018
Our January edition of "Government Contracts Legislative and Regulatory Update" offers a summary of the relevant changes that took place during the month of December.
United States
18 Jan 2018
2
What A Government Shutdown Would Mean For Employers
If Congress cannot approve a budget by this Friday at midnight, the federal government will shut down.
United States
18 Jan 2018
3
US Senate Banking Committee Holds Bank Secrecy Act Modernization Hearing
On January 9, 2018, the US Senate Committee on Banking, Housing and Urban Affairs held a full committee hearing entitled "Combating Money Laundering and Other Forms of Illicit Finance...
United States
18 Jan 2018
4
Indian Tribes Lack Jurisdiction Over Consumer Protection And Common Law Tort Claims
Jurisdiction is hardly the spiciest of topics we discuss on this blog and yet it definitely qualifies for frequent-blogging status.
United States
18 Jan 2018
5
New York DFS Fines Western Union $60 Million For Alleged Violations Of Anti-Money Laundering Laws
Earlier this month, the New York State Department of Financial Services fined The Western Union Company $60 million for allegedly violating the New York Bank Secrecy Act and anti-money laundering laws.
United States
18 Jan 2018
6
Snowmen In August: Strict Compliance And Government Waiver Of Contract Requirements
The Government "can engage a contractor to make snowmen in August, if [it spells] it out clearly [in a contract]." Rixon Electronics, Inc. v. United States, 536 F.2d 1345, 1351 (Ct. Cl. 1976).
United States
18 Jan 2018
7
Limitations Period Doesn't Apply To Tribal Claim For Mismanagement Of Trust Funds
A decision by the U.S. Court of Federal Claims on Jan. 5, 2018, has important implications for breach of trust claims involving tribal trust funds.
United States
17 Jan 2018
8
A Rule By Any Other Name: What Is A ‘Rule' Subject To Disapproval Under The Congressional Review Act?
In addition to formal regulations, informal federal regulatory guidance has become commonplace in the world of banking law.
United States
17 Jan 2018
9
Trump Administration: A Look Back On 2017 And What To Expect In 2018
Akin Gump has issued an alert on administration and congressional activity since President Trump's inauguration.
United States
17 Jan 2018
10
Why Robots Deserve Free Speech Rights
Writing nonstop about the Constitution and the "Mode of Electing the President," in the Federalist Papers No. 68, Alexander Hamilton warned about "the desire in foreign powers to gain an improper ascendant in our councils."
United States
17 Jan 2018
11
DOD Protest Reform: Initial Thoughts On The Congressionally-Mandated RAND Report
The RAND Corporation's much-awaited report assessing bid protests of Department of Defense (DOD) procurements is out.
United States
12 Jan 2018
12
Chinese Investments And The Committee On Foreign Investment In The United States
It is no secret that Chinese investments in the United States can face an uphill battle at the Committee on Foreign Investment in the United States ("CFIUS").
United States
12 Jan 2018
13
House Subcommittee Evaluates CFIUS Operations And Authority
The House Financial Services Subcommittee on Monetary Policy and Trade considered expert testimony on reforming the Committee on Foreign Investment in the United States ("CFIUS").
United States
12 Jan 2018
14
When Proposed Public And Private Projects Collide
Infrastructure projects take years to develop: the environmental review, funding, design, procurement, and construction of a public project is time consuming in any state, but even more so in California...
United States
11 Jan 2018
15
2018 Likely A Year Of Rising Government Standards For Securing Information
For companies that do business with the government, 2017 was a year of transition, as many began to follow the NIST Cybersecurity Framework, worked to accomplish FedRAMP certification...
United States
11 Jan 2018
16
2017 Protest Roundup
In addition to our regular recap of key protest decisions by the Government Accountability Office (GAO) and Court of Federal Claims this month, we have compiled a year-end recap of key bid protest decisions from 2017.
United States
10 Jan 2018
17
Customary International Law In United States Courts
Over the past two decades, the status of customary international law in U.S. courts has been the subject of vigorous debate. On the one hand, proponents of the "modernist" position contend that rules of customary international law are presumptively rules of federal law, which apply directly in U.S. courts and preempt inconsistent state law even in the absence of federal legislative or executive authorization.
United States
10 Jan 2018
18
Bank Fined $70 Million For AML Deficiencies
The Office of the Comptroller of the Currency ("OCC") assessed a $70 million civil monetary penalty against a bank for failing to comply with a previous consent order to remedy deficiencies...
United States
9 Jan 2018
19
The RAND Bid Protest Study Performed Pursuant To The 2017 NDAA Fails To Support The Pentagon's Desired Restrictions On Contractors' Ability To Challenge Agency Procurement Decisions
Large contractors are not clogging up the Government's procurement system by filing a disproportionately large numbers of bid protests.
United States
9 Jan 2018
20
Organizational Conflicts Of Interest (Post-Award Protest Primer #13)
Today we'll consider Organizational Conflicts of Interest (OCIs) as a ground of protest. The Federal Acquisition Regulation (FAR) defines an OCI ...
United States
8 Jan 2018
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