CFIUS Provides Guidance on Enforcement of its Mitigation Agreements
The Committee on Foreign Investment in the United States (“CFIUS”) is cracking down on companies who fail to comply with CFIUS mitigation agreements and other legal obligations under section 721 of the Defense Production Act of 1950, as amended (codified at 50 U.S.C. 4565). On October 20, 2022, the Department of Treasury, chair of...
Read MoreFormer Navy General Counsel and Federal Prosecutor Bob Sander Joins Ward & Berry
Tysons, VA: Ward & Berry, PLLC is pleased to welcome The Honorable Robert J. (“Bob”) Sander, the Former General Counsel of the Navy, as its newest Partner. In addition to being General Counsel of the Navy, Bob has served as: Principal Deputy General Counsel of the Army/Senior Official Performing the Duties of (i.e. Acting)...
Read MoreEEO-1 Report Filers: Beware of Possible Public Disclosure of Federal Contractor Data!
On August 19, 2022, the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) published a public notice calling for objections to a Freedom of Information Act (FOIA) request from the Center for Investigative Reporting (CIR) for all EEO-1 Reports submitted between 2016-2020. The OFCCP believes that the requested information may be protected...
Read MoreThe 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 MoreA 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 MoreNaked 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...
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