The Government Contracts Legal Round-Up

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The Government Contracts Legal Round-Up | Episode 38 Aug 21, 2023

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In this episode, Partner David Robbins is joined by Nathan Castellano to talk about Nathan's naming as a co-author of the seminal Formation of Government Contracts treatise and a contributor to The Nash & Cibinic Report. David then discusses a divergence between COFC and GAO protest practice highlighted by AccelGov, LLC v. United States and also explores two other decisions: KPMG LLP v. United States and B&B Medical Services, Inc.

The Government Contracts Legal Round-Up | Episode 37 Jul 21, 2023

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In this episode, Partner David Robbins discusses important cases and developments facing government contractors and grant recipients. He updates listeners on the Percipient.ai protest, which has sparked significant litigation over the scope of Court of Federal Claims bid protest jurisdiction. He also describes the implications of protest decisions in Leidos Inc.; Booz Allen Hamilton Inc. and BOF GA Lenox Park, LLC. David concludes with an "un-human interest story": proposed legislation that would force contractors to turn over any "non-earth origin" material that intelligence officials have presumably concealed from Congress. What about protection from alien retribution? That, David notes, is not covered in the bill.

The Government Contracts Legal Round-Up | Episode 36 Jun 22, 2023

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In this episode, Partner David Robbins highlights the Supreme Court's recent, unanimous opinion in the SuperValue case, which held that the False Claims Act's scienter element may take into account a defendant's knowledge and subjective beliefs. David also covers the new FAR rule that prohibits contractors from using TikTok on certain IT products. Last, David discusses the Federal Circuit's useful reminder of the de novo standard of review that applies to appeals of the Contract Disputes Act.

The Government Contracts Legal Round-Up | Episode 35 May 19, 2023

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In this episode, Partner David Robbins highlights the "quiet" end of the contractor COVID-19 vaccine mandate. He also provides take-aways about proposed revisions to cybersecurity standards issued by the National Institute of Standards and Technology and a new voluntary self-identification disability form issued by the Office of Federal Contract Compliance Programs. Finally, he reviews a Federal Circuit decision about CDA jurisdiction, a claims case – Mid-Atlantic Constr. & Design Assocs., Inc. v. United States – and two protest cases: Aptim-Amentum Alaska Decommissioning, LLC and TechSynap Corp. v. United States.

The Government Contracts Legal Round-Up | Episode 34 Apr 24, 2023

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In this episode, Partner David Robbins explains the Department of Defense's final rule amending the Defense Federal Acquisition Regulation Supplement and provides an update on Gandhi v. CMS, a freedom of information act case. He also outlines recent bid protest decisions that are expected to have an impact on large contractors as well as small businesses.

The Government Contracts Legal Round-Up | Episode 33 Mar 17, 2023

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In this episode, Partner David Robbins first recaps the outcome of Aries Construction v. US addressing the relationship between the Contract Disputes Act's claims submission requirement and contractor claims for breach of the duty of good faith and fair dealing. David then highlights the CPI adjusted penalties for False Claims Act violations, and discusses the intersection of government contracting and artificial intelligence.

The Government Contracts Legal Round-Up | Episode 32 Feb 16, 2023

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Partner David Robbins discusses an important FOIA decision about the application of Exemption 4 and recent protest cases in an episode of the Government Contracts Legal Round Up. He also explains the Department of Justice's summary of False Claims Act (FCA) recoveries for Fiscal Year 2022 and several important revisions to the department's Criminal Division's Corporate Enforcement Policy. The policy modifications follow a September 2022 memorandum from Deputy Attorney General (DAG) Lisa Monaco announcing revisions to DOJ's corporate criminal enforcement policies.

The Government Contracts Legal Round-Up | Episode 31 Jan 19, 2023

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In this episode of the Government Contracts Legal Round-Up, Partner David Robbins discusses an important legislative development, as well as bid protest cases with industry-wide implications. He explains the key takeaways from the Preventing Organizational Conflict of Interest Federal Acquisition Act, which President Biden recently signed into law, and outlines what government contractors should be aware of in Ekagra Partners, LLC v. United States and Spatial Front, Inc.

Listen to the episode below.When clients face high stakes matters, complex internal investigations, and strategic transactions, they turn to David Robbins, the co-chair of Jenner & Block's Government Contracts Practice. As an experienced litigator, investigations lawyer, and strategic business counselor, David advises government contractors, grant recipients, and their owners, executives, and investors. He advises clients on civil False Claims Act defense, parallel civil and criminal fraud enforcement proceedings, whistleblower reprisal defense, compliance, strategic corporate transactions, claims, appeals, and more.

The Government Contracts Legal Round-Up | Episode 30 Dec 15, 2022

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In the December 2022 episode of the Government Contracts Legal Round-Up, Partner David Robbins walks listeners through the FAR Council's proposed rule, which would require federal contractors to publicly disclose greenhouse gas (GHG) emissions and climate-related financial risk, and set reduction targets. He explains the key components and likely implications of the proposed rule, and the contractors to which the rule would apply.

The Government Contracts Legal Round-Up | Episode 29 Nov 22, 2022

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Partner David Robbins discusses two final rules released by the Department of Defense that amend the DFARS requirements related to contract cost and pricing. He outlines the new obligation contractors should be aware of under the first rule and the potential to see an increase in the use of cost-reimbursement contracts under the second. Mr. Robbins also explains key takeaways of recent protest cases.

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