Legal Updates

The National Institute of Standards Posted its Final Draft and is Seeking Comments on the Control of Unclassified Information and Security Requirements

By: Christine V. Williams on 03/04/2018

The National Institute of Standards and Technology ("NIST"), a division of Commerce, is posting the Final Draft of Special Publication 800-171A, Assessing Security Requirements for Controlled Unclassified Information (CUI) and seeking comments on it.  This 144-page publication is intended to help organizations develop assessment plans and conduct efficient, effective, and cost-effective...

Can a Big Law Firm Waive Attorney Client Privilege During an Internal Investigation Discussion with the Government? You bet. Know your Attorney/Know the Rules.

By: Christine V. Williams on 02/24/2018

In a discovery dispute, a U.S. District Court of Miami, Florida, compelled production of a law firm's investigation it had performed for a company.  That is, the corporate internal investigation work product/attorney client privilege was waived because the court found that the attorneys had given the Government an "oral download" of witness interview notes and memoranda that came from the...

Peeling Back the Compliance Audit-Part 4 in a Series

By: Christine V. Williams on 02/07/2018

By: Christine V. Williams Regardless of the business line, companies must comply with various laws and/or regulations.  The compliance audit that checks the adherence to those laws and/or regulations is generally not a one-time occurrence; rather, effective audits are periodic and build upon each other.  The goal of a good audit should be to do the following: (1) monitor and minimize...

The Department of Justice May Move to Dismiss Meritless False Claims Act Actions brought by Qui Tam Plaintiffs-Compare to Yates Memorandum

By: Christine V. Williams on 02/05/2018

  The Department of Justice May Move to Dismiss Meritless False Claims Act Actions brought by Qui Tam Plaintiffs-Compare to Yates Memorandum By: Christine V. Williams This update will focus on the Department of Justice's ("DOJ") internal memorandum regarding the reiteration of the policy and likely enforcement that the DOJ may move to dismiss meritless False Claim Act ("FCA")...

Small Business Administration Issues Proposed Rule on the Determination of Veteran-Owned Business Ownership and Control for the Purposes of Federal Contracting-Comments Due March 30, 2018

By: Christine V. Williams on 02/01/2018

The U.S. Small Business Administration (SBA) proposes to amend its regulations to implement provisions of The National Defense Authorization Act for Fiscal Year 2017 (NDAA 2017). The NDAA 2017 placed the responsibility for issuing regulations relating to ownership and control for the Department of Veterans Affairs verification of Veteran-Owned (VO) and Service-Disabled Veteran-Owned (SDVO) Small...

The Department of Justice Announces its Final Rule for the Civil Monetary Penalties Adjustment-False Claims Act

By: Christine V. Williams on 02/01/2018

By: Christine V. Williams On January 29, 2018, the Department of Justice (DOJ), announced its final rule adjusting the civil penalties fines under the 2015 Bipartisan Budget Act.  This adjustment is only applicable to fines accessed after January 29, 2018, with respect to violation occurring after November 2, 2015, the enactment of the BBA.  DOJ has increased False Claims Act (FCA) penalties...

Top Small Business Legal Issues with John Klein and Christine Williams

By: Christine V. Williams on 02/01/2018

On January 31, 2018, John Klein of the SBA, and Christine Williams of Outlook Law, addressed some of the top legal issues/concerns facing Small Business firms today.  In addition, Christine incorporated some slides regarding joint ventures as a refresher to participants executing joint ventures.  These joint venture  slides were prepared, in part, by a SBA Business Opportunity Specialist (BOS)...

Overview of GAO Protests Analytics for 2017 and the Historical RAND Bid Protest Study

By: Christine V. Williams on 01/16/2018

Overview of GAO Protests Analytics for 2017 and the Historical RAND Bid Protest Study By: Christine V. Williams The RAND Bid Protest Study Performed pursuant to the National Defense Authorization Act (NDAA) of 2017 came out recently and is approximately 125 pages.  Within that report it had some interesting and unexpected results.  To put it into context, the GAO report on bid protests...

Justice Department Announces $3.7 Billion in False Claims Act Recoveries-Ethics and Compliance in Dollars and Common Sense-Part 4 in a Series

By: Christine V. Williams on 01/03/2018

Compliance programs, such as those that have been touched upon by Outlook Law in its Ethics and Compliance Series, can reduce the liability of a company when bad acts are uncovered.  For instance, the Federal Sentencing Guidelines that Outlook Law has been exploring are used as a mitigation factor when bad acts occur.  Of the $3.7 Billion in recovery, $3.4 Billion was brought about by...

Ethics and Compliance Part 3 in a Series-The Basics of an Effective Program

By: Christine V. Williams on 01/01/2018

Ethics and Compliance-Part 3 in a Series by Outlook Law, LLC-The Basics of an Effective Program Earlier in our series, we touched on the Federal Sentencing Guidelines, which outlines seven basic compliance prongs that can be tailored to fit each company.  The Government assumes, when reviewing compliance programs, that every effective compliance plan has a formal commitment to these prongs. ...