Bona Fide Needs with Arnold & Porter and the PubKGroup

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Ep. 2.10: The House Has a New Speaker, but Will Old Conflicts Derail 2024 Spending? Nov 01, 2023

Show notes

After weeks of drama and legislative inaction, the House of Representatives finally has a new speaker as Representative Mike Johnson of Louisiana unexpectedly rose to the highest office in the chamber. As Congress faces fast-approaching deadlines for FY2024 appropriations and the National Defense Authorization act, how will Speaker Johnson move this must-pass legislation through a contentious House and Democratic Senate?

In this episode of Bona Fide Needs, Arnold & Porter Partner Mark Epley and Policy Advisor Jessica Monahan discuss how we got here, the prospects for FY2024 spending bills and the NDAA, reactions from the Senate, what contractors should be doing, and how the 2024 election may impact further legislation.

0:00 - Introduction
0:45 - Headlines
11:30 - Interview
13:00 - How Mike Johnson ascended to the Speakership
16:45 - The must-pass bills before Congress
21:00 - The Speaker's plan for moving legislation
29:00 - Action in the Senate
34:00 - What contractors should be doing
36:30 - The impact of the 2024 election on upcoming legislation
43:30 - Wrap-up

For links to articles and blog posts discussing the topics in this month's podcast, visit Pub K online.

Ep. 2.09: Are You Prepared for a Government Shutdown? Sep 27, 2023

Show notes

As we approach the end of fiscal year 2023, Washington is once again facing down the prospect of a government shutdown at midnight on Saturday, September 30th. There’s a growing consensus among veteran Congress-watchers that a shutdown is inevitable.

In this episode of Bona Fide Needs, Arnold & Porter Policy Advisor Sara Linder, Partner Chuck Blanchard, and Partner Josh Alloy join Arnold and Porter partner and Bona Fide Needs co-host Mike McGill to discuss the perspective from Capitol Hill, what government agencies are doing, how contractors should prepare for a shutdown, and how employment law may affect how contractors manage their workforce during a lapse in appropriations.

0:00 - Introduction
1:00 - Headlines
7:00 - Interview
7:05 - The perspective from Capitol Hill
19:00 - How are agencies preparing for a shutdown?
33:00 - How can contractors weather the storm?
47:00 - Wrap-up

For links to articles and blog posts discussing the topics in this month's podcast, visit Pub K online.

Ep. 2.08: What Does the FY2024 NDAA Have in Store for Contractors? Aug 29, 2023

Show notes

For more than 60 years, Congress has passed an annual National Defense Authorization Act establishing budget and policy priorities for the Department of Defense. This must-pass legislation often arrives late in the calendar year and laden with new acquisition rules and requirements. Traditionally, this language also spills over to civilian agencies.

In this episode of Bona Fide Needs, Arnold & Porter Policy Advisor Sara Linder, Policy Advisor Yuvaraj Sivalingam, and Senior Policy Specialist Adrienne Jackson examine what contractors can expect from this year's NDAA. They're joined by Arnold and Porter partner and Bona Fide Needs co-host Mike McGill.

0:00 - Introduction
0:30 - Headlines
0:40 - White House and Congressional News
4:00 - False Claims Act Updates
9:00 - Cybesecurity News
11:25 - Small Business News
14:00 - Federal Regulations
15:00 - NDAA Discussion
1:04:00 - Wrap-up

For links to articles and blog posts discussing the topics in this month's podcast, visit the Pub K Group website.

Ep. 2.07: Is the False Claims Act Unconstitutional? Jul 25, 2023

Show notes

While the government contracting community had its eyes on the Supreme Court's consideration of the False Claims Act's scienter element, the Justices issued another decision that could have an even more significant impact on the fraud law. In this episode of Bona Fide Needs, Pub K Group Managing Editor Bill Olver speaks with Arnold & Porter Partners Tirzah Lollar and Christian Sheehan about the court's decision in Polansky, as well as some provocative comments in a dissent by Justice Clarence Thomas.

Also in this episode, Bill breaks down recent developments involving the Schutte and Proctor False Claims Act decisions, the Department of Defense's Other Transactions guidance, the White House's plan to implement the National Cybersecurity Strategy, and an important D.C. District Court decision that could alter the way the Small Business Administration calculates total revenues for the purposes of small business set-aside programs.

0:00 - Introduction
0:45 - Headlines
7:00 - Conversation with Tirzah Lollar and Christian Sheehan
19:20 - Conclusion

Show Notes are available at the PubKGroup website.

Ep. 2.06: Will SCOTUS Unravel the Chevron Deference? Jun 27, 2023

Show notes

In April, the Supreme Court announced it would take up a lawsuit involving the Department of Commerce’s oversight of marine fishing vessels. Of import to federal contractors, the case provides an opportunity for the Justices to examine the 40-year old Chevron deference, and consider whether they should overrule or clarify the previous holding.

In this episode of Bona Fide Needs, Pub K Group Managing Editor Bill Olver speaks with Arnold & Porter Partner Kristen Ittig, who explains the principles of the Chevron deference, how it is used in court, the current case before the Supreme Court, and how overruling the Chevron case could impact federal contractors.

Also in this episode, Bill breaks down recent developments involving the debt ceiling, the Department of Justice's authority to dismiss qui tam cases, NIST's update to guidance on protecting controlled unclassified information, and changes to SBA's small business regulations.

0:00 - Introduction
0:30 - Headlines
11:00 - Conversation with Kristen Ittig
22:00 - Conclusion

Show notes are available at the Pub K Group website.

Ep. 2.05: SCOTUS Rejects Safeco Defense. What Does This Mean for FCA Defendants? Jun 07, 2023

Show notes

On June 1, the Supreme Court issued its much-awaited opinion in U.S. ex rel. Schutte v. SuperValu, Inc. and U.S. ex rel. Proctor v. Safeway, Inc., handing down a unanimous decision reversing the Seventh Circuit and rejecting the application of Safeco’s “objective reasonableness” standard to the False Claims Act. The decision will have significant ramifications not only for FCA litigation pending in the Seventh Circuit, but in courts across the country, as multiple courts of appeals and district courts had also adopted an “objective reasonableness” requirement.

In this episode, Pub K Group Managing Editor Bill Olver speaks with Arnold & Porter Partners Tirzah Lollar and Christian Sheehan, who discuss what the decision means and its implications for FCA defendants.

0:00 - Introduction
3:00 - Reaction to the Decision
5:30 - The Key Takeaways from the Decision
10:30 - The Effect on Future and Ongoing FCA Litigation
18:45 - Advice for Potential FCA Defendants

Show notes are available at the Pub K Group website.

Ep. 2.04: How Contractors Can Prepare for a Default on the Nation’s Debt May 25, 2023

Show notes

The threat of the U.S. government defaulting on its debt is full of uncertainties for federal contractors. These risks include subcontracting disputes and even going out of business if the government deprioritizes payments to government contractors.

In this episode of Bona Fide Needs, Pub K's Bill Olver sits down with two attorneys from Arnold & Porter's Government Contract and National Security Group - Keith Feigenbaum and Bryan Williamson - who address the statutory framework of the debt ceiling, the implications of a breach, the likely effect on federal contractors, and many practical recommendations for how contractors can prepare for a breach and respond to any adverse actions.

0:30 - Headlines
8:00 - Introduction Keith Feigenbaum and Bryan R. Williamson
9:15 - What is the Debt Ceiling?
12:15 - What are the implications of a breach?
16:50 - How will a breach impact federal contractors?
21:00 - What can contractors do to prepare or seek remedy?
31:00 - Acknowledgements

Show notes are available at the Pub K Group website.

Ep. 2.03: The Supreme Court’s Consideration of the FCA Knowledge Standard Apr 25, 2023

Show notes

On April 18, the Supreme Court heard oral arguments in Schutte v. SuperValu and Proctor v. Safeway, two qui tam cases raising significant questions about the knowledge standard under the False Claims Act.

Arnold & Porter partners Tirzah Lollar, Craig Margolis, and Christian Sheehan attended the arguments in-person and then provided their real-time insights into the Justices' line of questioning, the parties' responses, and what this may mean for relators and defense counsel.

In this episode of Bona Fide Needs, we present their discussion, with additional contextual comments by Tirzah Lollar.

0:30 - Tirzah's introduction

6:00 - Tirzah, Craig, and Christian's webinar discussion

52:30 - Acknowledgements

For our show notes, visit us at the Pub K Group website.

Ep 2.02: The Supreme Court Tackles FCA Court Splits Mar 15, 2023

Show notes

In this episode of Bona Fide Needs, Pub K Managing Editor Bill Olver is joined by Arnold & Porter False Claims Act Practice partners Tirzah Lollar and Christian Sheehan for a discussion about the Department of Justice's reported FCA recoveries for fiscal year 2022, as well as two FCA-related cases before the Supreme Court.

0:25 - Mike's introduction

1:50 - Bill's conversation with Tirzah and Christian

3:45 - FCA recoveries for FY2022

10:30 - Supreme Court consideration of the scienter standard

18:20 - Supreme Court consideration of the government's authority to dismiss qui tam complaints

26:30 - Mike's comments

For our show notes, visit us at the Pub K Group website.

Ep 2.01: COVID-19 Claims Litigation - What You Should Know Feb 08, 2023

Show notes

In this episode of Bona Fide Needs, Arnold & Porter Partner Mike McGill speaks with Arnold & Porter Senior Associate Amanda Sherwood on recent cases addressing contractor relief for the impacts of the COVID-19 pandemic and unanticipated inflation and Mike summarizes the targeted relief authorized through section 822 of the National Defense Authorization Act for FY 2023.

0:00 - Introduction

1:20 - Mike and Amanda's conversation

35:20 - Mike's final comments on the FY2023 NDAA

Show notes available online at the Pub K Group website.

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