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Publications
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08.16.2023A New National Security Frontier: Executive Order and Coming Regulations Restricting US Technology Investments in ChinaUpdatesPresident Biden issued a long-awaited executive order, “Addressing United States Investments in Certain National Security Technologies and Products in Countries of Concern” (the Executive Order or E.O.) on August 9, 2023, highlighting the risks these technologies and products pose to U.S. national security and marking the latest round in the ever-increasing competition between the United States and China.
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05.25.2023Mandatory BEA Foreign Investment-Related Surveys Filing Deadlines Fast ApproachUpdatesThe Bureau of Economic Analysis of the U.S. Commerce Department is the government agency that prepares important statistics and objective data about the U.S. economy, including the U.S. gross domestic product. As part of its data-gathering process, the BEA makes use of a variety of surveys and other reports submitted to it by U.S. business enterprises and individuals. Two of BEA’s most comprehensive five-year benchmark surveys have impending filing deadlines and must be submitted by those U.S. businesses and persons to which they apply.
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03.07.2023DOJ Announces Shift Toward Corporate Enforcement for Sanctions and Export Control ViolationsUpdatesDeputy Attorney General Lisa Monaco delivered groundbreaking remarks at the American Bar Association National Institute on White Collar on March 2, 2023, heralding a new era of corporate enforcement aimed at addressing U.S. national security priorities.
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11.08.2022New US Export Controls Target China’s Semiconductor and Supercomputer SectorsUpdatesThe U.S. Commerce Department’s Bureau of Industry and Security announced an interim final rule, adding a substantial number of new export restrictions to China of advanced semiconductors and chip manufacturing equipment.
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05.16.2022Sanctions Are the New FCPA: US Pledges Enforcement, Issues New Russia Sanctions and Export ControlsUpdatesAs Russia’s invasion of Ukraine persists, with no end currently in sight, the United States continues to issue increasingly punishing economic sanctions and export controls targeting Russia, most recently aiming at the exportation to Russia of certain categories of professional services.
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04.20.2022War in Ukraine Prompts Further Trade Sanctions by the United StatesUpdatesRussia’s invasion into Ukraine in February 2022 has prompted the United States and its allies, including the United Kingdom, the European Union, and others, to issue substantial international trade restrictions including economic sanctions and export controls. In addition to earlier U.S. actions, the United States has issued further trade restrictions.
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03.21.2022Recent Developments in US Sanctions and Export Controls Targeting RussiaUpdatesFollowing Russia’s recognition of breakaway regions in Ukraine and full-scale invasion of the country, authorities in the United States, United Kingdom, European Union, and across the globe imposed a sweeping array of trade and economic sanctions, export controls, and other financial countermeasures.
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03.02.2022Sanctioning Russia Over Invasion of UkraineUpdates
On February 21, 2022, Russian President Vladimir Putin unilaterally recognized the Luhansk and Donetsk regions in Eastern Ukraine as independent states.
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11.02.2021DOJ’s Civil Cyber-Fraud Initiative Highlights False Claims Act Cybersecurity Risks for Government ContractorsArticlesPerkins Coie LLP attorneys Alexander Canizares, Richard Oehler and Julia Fox discuss the U.S. Justice Department's new Civil Cyber-Fraud Initiative and detail how government contractors can ensure their continued compliance with cybersecurity requirements.
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10.19.2021OFAC Releases New Detailed Guidance for the Digital Currency IndustryUpdatesOn October 15, 2021, the U.S. Department of the Treasury’s Office of Foreign Assets Control released guidance on sanctions compliance for the digital currency industry, the agency’s most detailed guidance to date on its expectations for participants in this rapidly growing industry.
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10.11.2021DOJ’s Civil Cyber-Fraud Initiative Highlights False Claims Act Cybersecurity Risks for Government ContractorsUpdatesOn October 6, 2021, the U.S. Department of Justice (DOJ) announced an initiative to pursue civil False Claims Act (FCA) enforcement actions against government contractors that knowingly fail to follow required cybersecurity standards and reporting requirements.
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09.08.2021OFCCP Signals More Rigorous Enforcement Landscape With Three Big MovesUpdatesThe U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) has taken three recent notable actions.
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06.08.2021DoD Policy Calls for “Responsible AI” in Defense Procurements of Artificial IntelligenceUpdatesOn May 26, Deputy Secretary of Defense Kathleen Hicks signed a memorandum calling for the incorporation of responsible AI principles into the U.S. Department of Defense’s AI requirements and acquisition processes. The memo establishes foundational tenets for DoD’s adoption of responsible and ethical AI, and directs the DoD’s Joint Artificial Intelligence Center (JAIC) to make recommendations on incorporating responsible AI principles into DoD’s AI procurements. The memo is expected to have broad impacts on companies seeking to sell AI products to the government, for which there is a growing federal market.
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01.19.2021DOJ’s False Claims Act Recoveries Drop to $2.2 Billion in FY 2020—But the Decrease May Be Short-LivedUpdatesThe U.S. Department of Justice (DOJ) recovered more than $2.2 billion in settlements and judgments from civil cases under the False Claims Act (FCA) in the fiscal year ending September 30, 2020.
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10.26.2020DoD’s Cybersecurity Rule Will Expand Assessments of Defense Industry to Safeguard Unclassified Information, Raising New Implementation IssuesArticles
Westlaw
The U.S. Department of Defense (DoD) has issued a long-awaited interim rule to safeguard unclassified information in the possession of defense contractors by making periodic assessments of a company’s cybersecurity compliance a condition of eligibility for a contract award. -
10.02.2020DoD’s Cybersecurity Rule Will Expand Assessments of Defense Industry to Safeguard Unclassified Information, Raising New Implementation IssuesUpdates
The U.S. Department of Defense (DoD) has issued a long-awaited interim rule to safeguard unclassified information in the possession of defense contractors by making periodic assessments of a company’s cybersecurity compliance a condition of eligibility for a contract award.
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04.30.2020BIS Tightens Controls on Exports of National Security-Controlled ItemsUpdatesThe U.S. Department of Commerce, Bureau of Industry and Security (BIS) on April 28, 2020, published two final rules and a proposed rule that substantially tighten the controls in the Export Administration Regulations (EAR).
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04.24.2020CARES Act Guidance Outlines Ways for Government Contractors to Obtain Reimbursement for Paid Leave to Employees and SubcontractorsUpdatesThe Office of Management and Budget (OMB) and several federal agencies have issued guidance implementing a provision in the CARES Act that allows government contractors to be reimbursed for paid leave to employees and subcontractors unable to work during the COVID-19 crisis.
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04.08.2020CARES Act Creates New Resources for Fraud Enforcement—and Risks for BusinessesUpdates
Businesses that receive government funding under the nearly $2 trillion Coronavirus Aid, Relief, and Economic Security Act (CARES Act) should be mindful of the heightened risks of government investigations of fraud, waste, and abuse, for several reasons.
This update was also posted on the Coronavirus (COVID-19): Guidance for Businesses blog. -
04.03.2020DoD Issues Commercial Item Determination for COVID-19 Supplies and ServicesBlogsThe Department of Defense (DoD) has identified a way to speed the procurement of supplies and services to combat the coronavirus (COVID-19): Designate them as commercial items under the Federal Acquisition Regulation (FAR).
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04.01.2020President Trump Issues New Executive Order Regarding the Defense Production ActBlogsOn March 27, 2020, President Trump issued a third Executive Order (EO) invoking his authority under the Defense Production Act of 1950 (DPA) to respond to the coronavirus (COVID-19) crisis.
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03.30.2020Small Business Loans and the CARES Act: What PE and VC Investors Need to Know About the SBA’s Affiliation RulesUpdatesA key feature of the nearly $2 trillion economic stimulus bill signed into law on March 27, 2020 is the creation of a $350 billion “Paycheck Protection Program” (PPP) to authorize loans to businesses affected by the COVID-19 crisis.
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02.12.2020FIRRMA Regulations FinalizedUpdatesThe Committee on Foreign Investment in the United States (CFIUS) published two final rules on January 17, 2019, to implement the Foreign Investment Risk Review Modernization Act (FIRRMA) enacted in August 2018.
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02.03.2020DoD Releases New Cybersecurity Verification StandardUpdates
The U.S. Department of Defense’s (DoD) new cybersecurity verification regime is moving into a new phase, with major implications for contractors.
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11.26.2019New Cybersecurity Certification Framework Will Have Significant Impact on Defense ContractorsUpdates
The U.S. Department of Defense (DOD) is forging ahead in its plan to adopt a new framework for cybersecurity, with significant ramifications for all defense contractors, including subcontractors.
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09.20.2019DCAA Plans Significant Increase in Defective Pricing Audits, Highlighting Risks for Defense ContractorsUpdates
Having recently eliminated its backlog for incurred cost audits, the Defense Contract Audit Agency (DCAA) is now focusing on another type of audit: defective pricing.
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07.23.2019Is the US Supreme Court’s FOIA Decision a Game Changer for Companies Seeking to Prevent Disclosure of Proprietary Information?UpdatesThe U.S. Supreme Court rejected a decades-old legal standard for companies that wish to shield their business information from disclosure to the public under the Freedom of Information Act (FOIA).
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05.17.2019Supreme Court Clarifies Statute of Limitations in Qui Tam Suits Under the False Claims ActUpdatesWhistleblowers bringing qui tam suits under the False Claims Act have up to ten years to file suit against defendants in cases in which the government declines to intervene, the U.S. Supreme Court has held, rejecting a government contractor’s argument in favor of a shorter limitations period.
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05.07.2019OFAC Issues Sanctions Compliance Program GuidanceUpdates
The Office of Foreign Assets Control (OFAC), an agency of the U.S. Department of the Treasury, administers and enforces U.S. economic sanctions programs against targeted foreign governments, individuals, groups and entities in accordance with national security and foreign policy.
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10.22.2018CFIUS Launches FIRRMA Pilot Program—Mandatory Filings for Foreign Investment in U.S. Critical TechnologiesUpdatesOn October 10, 2018, CFIUS issued interim pilot program regulations to review foreign investments in critical technologies to consider whether foreign investment might be eroding U.S. technological superiority.
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05.09.2018Sanctions Update: Rewind Your Iran Compliance Policy to January 2016UpdatesThe United States will reimpose sanctions against Iran to implement President Donald Trump’s decision to withdraw from the Joint Comprehensive Plan of Action (JCPOA), a multilateral agreement under which Iran agreed to curb development of certain nuclear capabilities in exchange for the United States lifting specified sanctions.
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04.10.2018DOD Implements First Steps Toward Enhanced DebriefingsUpdatesAs competitors in federal negotiated procurements recognize, post-award debriefings are an important feature of the procurement process. Federal Acquisition Regulation (FAR) 15.506 has long mandated that an unsuccessful offeror in negotiated procurements be given an opportunity to obtain certain baseline information regarding the agency evaluation of its proposal and the rationale for the agency selection decision.
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06.09.2017Court Opinion on Liability for Re-Exports to Iran Spurs Practical Guidance for U.S. ExportersUpdatesA recent federal appeals court decision addresses a familiar issue for many companies: When can a U.S. exporter be liable for a product that is re-exported to a sanctioned country, such as Iran?
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05.03.2017The ABA Compliance Officer’s DeskbookLawyer PublicationsThe ABA Compliance Officer's Deskbook equips today's compliance professionals from private sector companies and organizations, nonprofits, hospitals, and all other entities whose funds and reputation might be jeopardized by failure to comply with the law with a practical, comprehensive understanding of the regulatory and enforcement landscape in a manner that is thorough and easily-digestible.
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01.19.2017CFIUS: President-elect Trump’s Potential Big Stick for China and Foreign TradeUpdatesOn the campaign trail, President-elect Trump adopted a contentious approach towards foreign trade, focusing on Chinese “theft of American trade secrets” and suggesting, at times, potential isolationism for U.S. businesses.
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09.30.2016Seven Suggested Steps For Developing Winning ProposalsLawyer PublicationsAs government contracting opportunities in the federal, state, and local markets shrink through budget cuts and contract consolidation many contractors find that they have to work even harder to distinguish themselves to win business. One way to stand out is by writing better, more compelling proposals.
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01.22.2016United States Lifts Certain Sanctions Against Iran, With Limited Impact on U.S. CompaniesUpdatesThe United States suspended certain “secondary sanctions” against Iran that apply to non-U.S. companies for transactions that take place outside of the United States and do not involve U.S. persons on “Implementation Day,” January 16, 2016, under the Joint Comprehensive Plan of Action (JCPOA).
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10.26.2015New DoD Cybersecurity Rule and How Contractors Can Reduce Their RisksUpdatesThe Department of Defense (DoD) issued an interim cybersecurity rule in August 2015 that, among other things, revises the existing Defense Federal Acquisition Regulation Supplement (DFARS) cybersecurity clause and increases security and reporting obligations for DoD contractors.
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07.21.2015Iran Agreement Limits U.S. Sanctions Relief, Primarily to Non-U.S. EntitiesUpdatesIran has reached an agreement with the international community that would require Iran to restrict aspects of its nuclear program in return for the eventual lifting of certain U.S. and international sanctions against it. The agreement is called the Joint Comprehensive Plan of Action (JCPOA).
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07.07.2015BIS Proposes Significant New Export Controls on Cybersecurity ItemsUpdatesThe Bureau of Industry and Security (BIS) recently issued a proposed rule that would require an export license for specified cybersecurity items to all destinations, except Canada.
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04.09.2015How US Sanctions Can Affect Cos. With Russian InvestorsArticles
Law360 Expert Analysis
When the White House recently announced that it was extending sanctions against Russia for another year, it cited a continued “unusual and extraordinary threat” from Russia’s activities in Ukraine. -
04.01.2015How U.S. Sanctions Can Affect Companies With Russian InvestorsUpdatesWhen the White House recently announced that it was extending sanctions against Russia for another year, it cited a continued “unusual and extraordinary threat” from Russia’s activities in Ukraine. President Obama also signed the Ukraine Freedom Support Act of 2014 at the end of last year, which authorized the White House to enact further sanctions on Russia.
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03.01.2015The Day Government Contractor Compliance Changed: Federal Acquisition Regulations on Human Trafficking ReleasedArticlesPerkins Coie co-authors Funk, Oehler, and Breakstone analyze the just-released (and effective March 1, 2015) anti-trafficking and force labor FAR provision, which promise to have an immediate and significant impact on contractors, subcontractors and lower-tier subcontractors to the world’s largest consumer of goods and services, namely, the U.S. government.
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01.30.2015
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01.29.2015The Day Government Contractor Compliance ChangedArticles
Law360
Partners T. Markus Funk, Richard Oehler and associate Elizabeth Breakstone wrote the first analysis of the just-released Federal Acquisition Regulation (FAR) provisions — arising out of President Barack Obama’s 2012 Executive Order 13627 — mandating that all federal contractors take certain actions related to combating human trafficking and slavery in their supply chains. -
01.06.2015Russia, Venezuela and North Korea: U.S. Trade Sanctions Expand in International MarketsUpdatesDuring the same week that President Barack Obama announced sweeping changes in the diplomatic and trade relationships between the United States and Cuba, the president signed congressional legislation authorizing additional sanctions against Russia (December 19, 2014) and Venezuela (December 18, 2014).
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12.18.2014U.S. Embargo Against Cuba: Historic Changes AheadUpdatesOn December 17, 2014, President Barack Obama announced sweeping changes in the diplomatic and trade relationships between the United States and Cuba. These changes, outlined below, will require time to implement; certain aspects will require Congressional approval.
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10.14.2014DoD's Updated FOIA Program and Exemption 4 GuidanceUpdatesOn September 3, 2014, the Department of Defense (DoD) issued a proposed rule updating its policies and procedures implementing the Freedom of Information Act (FOIA), including FOIA Exemption 4.
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03.28.2014Turmoil in Ukraine (Part II): U.S. Halts Export Licenses for Dual-Use and Defense Items to Russia; Congress Acts to Codify and Expand Russia SanctionsUpdatesU.S. government agencies announced this week that they have suspended issuing export licenses to companies sending or releasing sensitive goods, services and technology to Russia.
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03.21.2014Turmoil in Ukraine: Actions Your Company Can Take Now as Sanctions Against Russia EscalateUpdatesEvents are rapidly evolving with respect to Russia’s recent military incursion into, and subsequent annexation of, Ukraine’s Crimean Peninsula. The Obama Administration considers Russia’s acts to be clear violations of international law and believes Russia should incur significant costs for threatening the peace, stability and security of Ukraine and the region. To that end, the United States and other nations have implemented sanctions against Russia.
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01.08.2014Protesting IDIQ Orders Under $10 Million? Here Are Your OptionsUpdatesImagine that your company is a contract holder under a U.S. Army multiple award, indefinite-delivery, indefinite-quantity (IDIQ) contract. The Army issues a request for proposal for a firm, fixed-priced task order, and your company submits a timely proposal. After completing its evaluation of proposals, the Army awards to a competitor an order in the amount of $9.5 million.
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11.27.2013How Should U.S. Companies React to the Iran Nuclear Deal and Which Sanctions Are Suspended?UpdatesThe United States agreed to suspend certain sanctions against Iran over the weekend as part of an agreement to curb the Iranian nuclear program. The agreement, which provides for a six-month first step towards a comprehensive solution for Iran’s nuclear program and related sanctions, is between Iran and the United States, the United Kingdom, Germany, France, Russia, and China, collectively referred to as “P5+1.”
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03.20.2012SBA Issues Proposed Benefits Reporting Form for Section 8(a) Participants, Comments Due April 2UpdatesIn 2011, the Small Business Association ("SBA"), implemented regulation changes that affected small business contractors. The SBA, however, did not implement a benefits reporting requirement for certain Section 8(a) participants.
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09.09.2011BIS Requests Comments on Foreign Policy-Based ControlsUpdatesThe U.S. Bureau of Industry and Security (BIS) has issued a request for public comments on the effect of extending foreign-policy based export controls for another year. Such controls require annual extension, including a review by BIS, a request for public comments, and a related report to Congress.
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08.18.2011New Export License Exception "STA" Now AvailableUpdatesThe U.S. Bureau of Industry and Security has published its Final Rule on the much anticipated license exception Strategic Trade Authorization 76 Federal Register 35276. This new license exception is the next significant step in the Obama Administration's Export Reform Initiative, intended to facilitate exports between the United States and its close partners and allies by easing the license burden on exports of numerous items.
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12.03.2010THE ARRA: New Weapons in the OIG and GAO ArsenalUpdatesWhen the American Recovery and Reinvestment Act of 2009 (“ARRA” or the “Recovery Act”) was enacted in February 2009, it gave broad investigative and examination powers to the Office of the Inspector General (“OIG”) and the Comptroller General of the Government Accountability Office (“GAO”). It is critical when dealing with investigations conducted by these federal agencies to understand how these changes may impact your business.
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09.10.2010The ARRA: Reporting and Registration RequirementsUpdatesWhen the American Recovery and Reinvestment Act of 2009 ("ARRA"), was enacted in February 2009, the compliance landscape for state agencies and contractors shifted significantly. Although promising substantial funds to state agencies, the ARRA also demands a level of transparency and oversight previously unseen in government contracting. State agencies and contractors need to become knowledgeable regarding these compliance "strings" attached to ARRA funds. This is the first of three updates that will focus on ARRA compliance requirements for state agencies and their contractors or grantees. This Update focuses on reporting and registration requirements.
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12.15.2009DOE Steps Up Enforcement of Energy Efficiency Standards, Gives Appliance Manufacturers 30-Day Grace Period to File ReportsUpdatesAs part of its initiative to strengthen enforcement of energy efficiency standards, the U.S. Department of Energy (DOE) announced on December 9, 2009 that it will give manufacturers a 30-day grace period—ending on January 8, 2010—to file or update certifications of compliance with energy efficiency standards for appliances. After that date, DOE will begin more aggressively enforcing the certification requirements.
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01.08.2009Exon-Florio/CFIUS: Does Your Transaction Present National Security Considerations?UpdatesThe U.S. Treasury Department, chair of the Committee on Foreign Investment in the United States ("CFIUS"), recently published guidance on the types of transactions previously reviewed by CFIUS that have presented national security considerations ("Guidance"). The Guidance is intended to provide insight into how CFIUS identifies the national security effects of covered transactions and may assist parties considering whether to file a voluntary notice of a transaction with CFIUS [1]. This is an important determination because, although filing a CFIUS notice is voluntary, the parties may be forced to unwind a transaction where no filing was made if the President later determines it poses national security risks.
Presentations
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02.04.2015FOIA: Offensive and Defensive StrategiesSpeaking Engagements
National 8(a) Conference
View the Presentation -
11.12.2014Litigating PRA Suits: Reverse PRA ActionsSpeaking EngagementsWashington State Bar Association – The State of the Public Records Act in 2014 / Seattle, WA
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04.28.2010
Virtual Currency Report
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The U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC), on August 8, 2022, sanctioned virtual currency mixer Tornado Cash. OFAC alleged that it had been “used to launder more than $7 billion worth of virtual currency since its creation in 2019 [, including] over $455 million stolen by the Lazarus Group[,]” a... Continue Reading…
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OFAC Releases New Detailed Guidance for the Digital Currency Industry
On October 15, 2021, the U.S. Department of Treasury’s Office of Foreign Assets Control (OFAC) released guidance on sanctions compliance for the digital currency industry, the agency’s most detailed statement to date on its expectations for participants in this rapidly growing industry. This guidance expands on the five pillars of OFAC’s 2019 Framework by specifying... Continue Reading…
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OFAC Issues Second Ransomware Advisory and Designates Virtual Currency Exchange for Sanctions
Agency’s Focus on Cryptocurrency and Blockchain Continues On September 21, 2021, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) released an updated advisory to “highlight the sanctions risks associated with ransomware payments”—almost one year after issuing the first such guidance—and simultaneously imposed sanctions on SUEX, a virtual currency exchange accused of... Continue Reading…
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OFAC Issues Sanctions Compliance Program Guidance
The Office of Foreign Assets Control (OFAC) administers and enforces U.S. economic sanctions programs in accordance with U.S. national security and foreign policy. OFAC had not previously published guidance addressing essential elements for an effective sanctions compliance program (SCP). It has now done so. Specifically, on May 2, 2019, OFAC published guidance entitled “A Framework... Continue Reading…
