Contractors that must comply with the government’s domestic preference laws should take note of United States ex rel. Folliard v. Comstor Corp., __ F. Supp. 3d __, 2018 WL 1567620 (D.D.C. 2018) — a recent decision dismissing a country-of-origin fraud lawsuit initiated by serial relator Brady Folliard.
April 2018
Fourth Circuit Embraces Expansive View of Derivative Sovereign Immunity for Government Contractors
Last week, the Fourth Circuit Court of Appeals affirmed a lower court decision to dismiss a Telephone Consumer Protection Act (“TCPA”) lawsuit against General Dynamics Information Technology, Inc. (“GDIT”), on the basis that GDIT was immune from suit as a government contractor under what is known as the “Yearsley doctrine.” Craig Cunningham v. GDIT, No.…
Covington Internet of Things Update: CPSC to Consider Safety of IoT Products
By Sarah Wilson
Recently, the U.S. Consumer Product Safety Commission (“CPSC”) issued a Public Notice announcing that it will be conducting a hearing on May 16, 2018 to receive information from all interested parties about potential safety issues and hazards associated with Internet-connected consumer products.…
The Week Ahead in the European Parliament – April 27, 2018
Summary
Due to the bank holidays, next week will be a relatively calm week in the European Parliament. However, there will be a mini plenary session and one committee meeting.
On Wednesday, Members of Parliament (“MEPs”) will debate various topics, including the Post-2020 budget proposal. On March 14, MEPs adopted a resolution in which they…
Fourth Circuit Further Defines Scope of Contractor Risks in the FMS Sales Context
The Court of Appeals for the Fourth Circuit recently published a decision that expanded on its prior Trimble ruling that a foreign government customer cannot sue a U.S. contractor in the Foreign Military Sales (“FMS”) context (at least in U.S. courts). In BAE Sys. Tech. Solution & Servs., Inc. v. Republic of Korea’s Def. Acq.…
Draft DoD Guidance on SSPs and NIST SP 800-171 – Impact on Bid Protests and Ongoing Contract Performance
On April 24, 2018, the Department of Defense (DoD) issued a Notice and Request for Comment on draft guidance that DoD proposes for assessing contractors’ System Security Plans (SSPs) and their implementation of the security controls in NIST Special Publication (SP) 800-171. This includes assessments as part of source selection decisions and during contract performance. DFARS…
Senators Klobuchar and Kennedy Introduce Privacy Legislation
On April 24, 2018, Senators Amy Klobuchar (D-MN) and John Kennedy (R-LA) introduced the Social Media Privacy and Consumer Rights Act of 2018. The bill aims to protect consumers’ online data by increasing the transparency of data collection and tracking practices, and requiring companies to notify consumers of a privacy violation within 72 hours.…
FERC Reviewing Gas Pipeline Policy
By Bill Massey
Under the Natural Gas Act (NGA), FERC certificates the construction and operation of pipelines to transport natural gas in interstate commerce if they are “required by the present or future public convenience and necessity.” For almost two decades, FERC has used a 1999 policy statement’s guidelines to evaluate whether new pipelines meet that statutory standard. …
SEC Proposal Dives Into Long-Standing Debate About the Duties of Investment Professionals
On Wednesday, April 18th, the SEC introduced a much-anticipated package of proposed rules and formal guidance concerning the standards of conduct for financial professionals. The more than 1,000-page proposal, which emerged eight years after Congress required the agency to conduct a study on the topic, addresses whether investment advisers and broker-dealers should have identical or…
Department of Homeland Security Secretary Kirstjen Nielsen Proposes “More Forward-Leaning Posture” for Federal Government in Cybersecurity
On April 17, 2018, Department of Homeland Security (DHS) Secretary Kirstjen Nielsen delivered a keynote address at the RSA Conference. A copy of her prepared remarks is available here. Secretary Nielsen’s remarks highlighted efforts by DHS to address the evolving cybersecurity threats to our country’s critical infrastructure.
Secretary Nielsen set the stage by describing…