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 More
Federal contractors and subcontractors are now required to certify annually to the Office of Federal Contract Compliance Programs (“OFCCP”) that they have developed and maintained an affirmative action program (“AAP”). On February 1, 2022, registration for the OFCCP Contractor Portal opened and on March 31, the certification features were turned on. Contractors have from...Read More
‘Ban the Box’ Hiring Law Applies to Federal Contractors As of December 20, 2021, federal contractors can no longer inquire about an applicant’s criminal history before extending a conditional job offer to work on a government contract. This does not preclude federal contractors from asking an applicant about criminal history after a conditional offer...Read More
OSHA Suspends Enforcement of COVID-19 Vaccination-or-Test Requirement On Thursday, November 4, 2021, the Department of Labor’s (DOL) Occupational Safety and Health Administration (OSHA) released its COVID-19 Vaccination and Testing Emergency Temporary Standard(ETS), which requires employers with more than 100 employees to mandate their workers are fully vaccinated or test at least weekly for COVID-19....Read More
Heads up, federal contractors: DoD has announced “CMMC 2.0” with significant changes to program structure and requirements, including expanded self-attestation that heightens False Claims Act exposure.
DOD REVAMPS CYBERSECURITY MATURITY MODEL CERTIFICATION (“CMMC”) ROBUST ENFORCEMENT LIKELY USING THE FALSE CLAIMS ACT CMMC Program Overview The CMMC program enhances cyber protection standards for companies in the Defense Industrial Base. It is designed to protect sensitive unclassified information that is shared by the Department of Defense (“DoD”) with its contractors and subcontractors....Read More
Office of Foreign Assets Control (“OFAC”) Sanctions Compliance Guidance for the Virtual Currency Industry
In mid-October 2021, OFAC issued sanctions compliance guidance (the “OFAC Guidance”) for the virtual currency industry, including tech companies, exchanges, administrators, miners, crypto wallet providers, and even users. OFAC issued the guidance to help the virtual currency industry mitigate the risks of transacting cryptocurrencies with a sanctioned country, entity, or individual. OFAC is the...Read More