Congressional and Agency Debates

• Congress Commissions Study of Bid Protests Filed at Both the GAO and COFC

  08.07/Alert

  We have previously discussed Congress’ efforts to reform the bid protest process through recent National Defense Authorization Acts (NDAA). In the Fiscal Year 2017 NDAA, Congress mandated a review of the bid protest process for Department of Defense (DoD) acquisitions, which led to a nearly year-long research study by the RAND National Defense Research Institute (RAND). The Fiscal Year 2018 NDAA provided for a number of reforms to the bid protest system, including enhanced debriefing rights for protestors. Much of these enhanced debriefing rights were implemented on March 22, 2018, by a Class Deviation issued by DoD. This year’s NDAA signals Congress’ continued interest in reforming the bid protest system to enhance the efficiency of the acquisition system.

• New SIGAR Report Identifies “Waste, Fraud and Abuse” in Afghanistan

  08.01/Alert

  We recently reported on a Department of Defense (DoD) regulation effective April 13, 2018, that prevents government contracting officers from funding projects in Afghanistan that cannot be safely accessed and monitored by military or civilian personnel, as these projects raise a heightened specter of waste, fraud, and abuse. A new report (the “SIGAR Report”) from the Office of the Special Inspector General for Afghanistan Reconstruction, the government entity charged with monitoring U.S. reconstruction efforts in Afghanistan, effectively validates the concerns that gave rise to this regulation and suggests that government scrutiny of public spending in Afghanistan is likely to continue to intensify.

• DFARS Clause Blocks Funding for Unsafe Projects in Afghanistan

  04.25/Alert

  A new rule prohibits the use of funds for DoD construction and infrastructure programs and projects in Afghanistan that cannot be safely accessed by U.S. Government personnel.

• 2018 Spending Plan Boosts Funding for Affordable Housing

  04.10/Blog

  A $1.3 trillion spending package that includes a 12.5% increase in low-income housing tax credit allocations over the next four years is welcome news to affordable housing developers who have been facing funding gaps.

• New CERCLA Brownfields Amendments

  03.29/Blog

  Spurred by the realization there may be as many as 450,000 Brownfields sites around the country that require some financial assistance, the recently enacted bi-partisan BUILD Act reauthorizes the EPA's Brownfields program at current funding levels through 2023.

• Bill Expands Corporate Liability for Human Trafficking to Social Media Companies

  03.27/Alert

  The recently passed Allow States and Victims to Fight Online Sex Trafficking Act (FOSTA) creates civil liability for social media companies that benefit from a human trafficker’s online media presence if they “should have known” that their platform was being utilized for such exploitation.

• Court of Appeals Rolls Back Portions of the FCC’s 2015 Robocall and Text Ruling

  03.19/Blog

  A recent Court of Appeals decision will rescind some aspects of the Telephone Consumer Protection Act and have significant implications for businesses contacting consumers by telephone or text.

• Recent and Upcoming Changes to 401(k) Plans

  03.08/Alert

  The rules governing 401(k) plans are steadily evolving. Both the Tax Cuts and Jobs Act (the Act) and the Bipartisan Budget Act of 2018 (the Budget) contain a number of changes to the 401(k) plan rules.

• Safety from Hackers—and Trial Lawyers

  02.25/Article

  A simple legislative fix would shield cybersecurity innovators from costly nuisance lawsuits.

• The 2018 Government Shutdown – How Can Contractors Preserve Rights?

  01.23/Alert

  Contractors suffered cost impacts and uncertainty during the recent three-day government shutdown. What happens if a long-term deal can't be reached?

• Congress Expands the Oil Pollution Act to Reach Spills Originating Outside of the U.S.

  01.22/Alert

  The Foreign Spill Protection Act of 2017 establishes oil spill liability in the U.S. for foreign-based offshore exploration and production facilities.

• Key Tax Reform Issues for Nonprofit Membership Organizations/Associations

  01.16/Alert

  While associations won't face the harshest proposals, several features of the Tax Cuts and Jobs Act will have a negative impact on tax-exempt membership organizations.

• Five Things Employers Should Know about Tax Reform

  01.04/Alert

  The final Tax Cuts and Jobs Act will require employers to address a number of  changes to equity compensation and employee benefits laws. Here are five major ones.

• The Impact of the Tax Cuts and Jobs Act on LIHTC Investments

  01.03/Alert

  With the Tax Cuts and Jobs Act signed into law, investors in low income housing tax credit projects should take note of a few important changes.

• The SEC’s Shutdown of the Munchee ICO

  01.02/Alert

  The SEC’s recent shutdown of Munchee Inc.’s planned initial coin offering illustrates just how murky the related securities law can be. To see an offering through—and ensure compliance with the Securities Act—businesses exploring an ICO should consider its Rule 506(c) and Regulation A provisions.

• Historic Estate Planning Opportunities from Tax Reform

  12.28/Alert

  How can your estate planning efforts take advantage of the new tax law? Here are some beneficial changes.

• Last Minute Tax Change Benefits Commercial Real Estate

  12.18/Blog

  A last-minute change to the Tax Cuts and Jobs Act could be particularly beneficial to certain commercial property owners with few employees and leveraged capital investments.

• Retroactive Corporate Liability for Human Rights Abuses

  12.07/Alert

  Section 13 of the Criminal Finances Act 2017 is now in effect in the United Kingdom, meaning companies have far greater liability for human rights violations.

• Ireland Set to Bring Anti-Bribery and Corruption Laws Up-to-Date

  12.07/Alert

  New legislation represents a major update to Irish anti-bribery and corruption laws. International companies with Irish subsidiaries, as well as Irish-headquartered companies, should take note.

• Five Things to Know about the Tax Cuts and Jobs Act

  12.04/Alert

  As the House and Senate head to conference regarding the final tax bill, every business should pay particular attention to how these five issues are handled.

• Estate Planning Under the Tax Cuts and Jobs Act

  11.28/Alert

  The Tax Cuts Jobs Act passed by the House will almost certainly be amended in the Senate but, as currently drafted, the legislation will dramatically change the estate and gift tax regime in United States.

• Prime Contractors Take Note of New California Law Imposing Liability for Subcontractors’ Employees’ Unpaid Wages

  11.22/Blog

  A new California law requires prime contractors on private projects to be as involved in monitoring their subcontractors’ payroll practices as their public works counterparts.

• Three Key Aspects of the Proposed Reform to the CFIUS Process

  11.18/Blog

  A bill updating the Committee on Foreign Investment in the U.S. and the national security review process has been introduced in the U.S. House and Senate. Here's what you need to know.

• U.S. DOT Releases Draft Strategic Plan Beginning Implementation of Trump Administration’s Executive Order on Project Streamlining

  10.27/Blog

  The U.S. Department of Transportation (DOT) has released a draft Strategic Plan that establishes goals for increasing investment and streamlining environmental review and approval of transportation infrastructure projects over the next five years. The draft Plan is DOT’s first formal action in response to the Administration’s Executive Order on streamlining. Although it identifies needs and objectives it provides few specifics.

• ARC Dispute May Mean Further Delay in Needed Drone Regulation

  10.19/Blog

  The Unmanned Aircraft Systems Identification and Tracking Aviation Rulemaking Committee has failed to reach consensus on issues described as fundamental for operations over people and operations beyond the visual line-of-sight (BVLOS). The UAS industry is growing rapidly but If users are to capitalize on this opportunity, the FAA will need to get serious about catching up.

• House Judiciary Committee Votes to Advance Controversial ADA Amendment

  10.02/Blog

  The House of Representatives has proposed legislation that would limit Americans with Disabilities Act lawsuits based on a business’s failure to proactively remove obstacles that impede access to existing public accommodations. Disabled persons’ groups oppose the bill.

• Brace for 2018: The SEC’s Pay Ratio Rule

  08.18/Alert

  Starting in January 2018, public companies must disclose the ratio between their CEO’s salary and the salary of the company’s “median employee.” This article reviews SEC guidance on those calculations, and provides a six-step plan to prepare your company for the new requirements.

• Chemicals, Compliance and the Toxic Substances Control Act

  08.16/Alert

  The Toxic Substances Control Act (TSCA) required the compiling of a national register of chemicals that were manufactured in or imported into the United States for a non-exempt commercial purpose, and the first TSCA Inventory in 1979 included approximately 62,000 chemicals. Since then, the Inventory has been expanded to include approximately 90,000 chemicals—a rate of over 700 new chemicals per year.

• Three Birds with One Stone: New Russia, North Korea and Iran Sanctions

  08.11/Blog

  On August 2, 2017, President Trump signed into law the Countering America’s Adversaries Through Sanctions Act (CAATSA), strengthening U.S. sanctions on Russia, North Korea and Iran. The new sanctions could have far-reaching implications for companies and investors, although it remains unclear how vigorously they sanctions will be implemented, particularly for Russia.

• FTA Proposes Rule Waiving Regulatory Burdens on Public-Private Partnerships (P3s) for Public Transportation Projects

  08.01/Blog

  The FTA has proposed new rules to encourage the use of public-private partnerships (P3s), joint developments and other private investment mechanisms in surface transportation. Under the proposal, a P3 can obtain a divergence from certain existing FTA requirements, as detailed in the article.

• Senate Minority Leader Urges President Trump to Suspend Chinese Acquisitions of U.S. Companies

  08.01/Blog

  Senate Democratic Leader Chuck Schumer has written to President Trump asking him to order the Committee on Foreign Investment in the United States (CFIUS) to suspend the approval of all covered transactions by Chinese entities. This article discusses Sen. Schumer’s position and possible upcoming legislative action.

• The Safe DRONE Act of 2017: The Newest Drone Bill on the Block

  06.29/Blog

  In June 2017, U.S. Senators introduced the Safe DRONE Act of 2017, one of a number of bills aimed at addressing the regulatory needs of the unmanned aircraft systems (UAS) industry. Current federal efforts focus on keeping up with technological advancements and creating a uniform framework for UAS-related laws.

• New Details Emerge on Legislative Proposal to Modernize CFIUS Process

  06.23/Blog

  A bipartisan group in Congress is working to modernize the Committee on Foreign Investment in the United States (CFIUS) review process due to increased foreign direct investment and perceived threats to national security. The proposed legislation would focus on nations posing the greatest threat and give CFIUS clearer authority to review investments.