Our Blog

The False Claims Act Standard – Why Do We Care?

Two contractors walk into a bar (named Public Disclosure). The first says, “Let’s cheat the Government!” The second says, “Great; I know just how to do it, I’m going to charge less than our regular prices – ON PURPOSE – just to mess with Uncle Sam.”   The contractors are overhead by a serial whistleblower,...
Read More

A New Standard for an Old Right

New York State Rifle & Pistol Association Inc. v. Bruen: In a 6-3 opinion penned by Justice Clarence Thomas in New York State Rifle & Pistol Association Inc. v. Bruen, the Supreme Court on Thursday (6/23) struck down New York’s proper-cause requirement for obtaining an unrestricted license to carry a concealed firearm as violating...
Read More

Naked or “Clothed”? The Importance of Foreign Government Intent in Applying 28 U.S. Code § 1782 (a)

ZF Automotive US, Inc. v. Luxshare, LTD. The United States Code authorizes a federal district court to compel individuals and companies within its jurisdiction to provide discovery to proceedings pending in “foreign and international tribunals.” 28 U.S.C. § 1782 (a).  But does that apply to private commercial arbitration and bilateral investment treaty arbitrations?  On...
Read More

Managing Inflation in Government Contracts

With inflation surging to the highest level in over 40 years, there is heightened focus on how to equitably balance risk between the government and the contractor.  This is particularly a concern when it comes to fixed-price contracts, where contractors generally bear the risk of cost increases, including inflation. Unless the contract states otherwise,...
Read More

Major Expansion at Ward & Berry

NEWS RELEASE Ward & Berry PLLC Major Expansion at Ward & Berry Ward & Berry announced that David Panzer, chair of the Government Contracts practice from Whiteford, Taylor & Preston, has joined the firm’s Tysons Corner office as a Partner.  Along with David, Ward & Berry welcomes the other members of David’s team: Michael...
Read More

The DoD’s Equity Action Plan Includes Strategy to Advance Small Businesses Opportunities in the Federal Acquisition Process

The Department of Defense (“DoD”) released its “Equity Action Plan” (the “Equity Plan”) which was developed to ensure the creation of “opportunities for all Americans.” This Equity Plan was developed in response to President Biden’s January 2021 Executive Order 13985 – “Advancing Racial Equity and Support for Underserved Communities Through the Federal Government.” The...
Read More