As part of the FY23 National Defense Authorization Act (“NDAA”), Congress has given the Department of Defense authority to pay defense contractors for increased costs due to inflation. Section 822 of the NDAA amends Public Law 85-804 (50 U.S.C. 1431) to allow contractors to apply for adjustments, while also giving the DoD wide discretion to
2022
November 2022 Developments Under President Biden’s Cybersecurity Executive Order
This is the nineteenth in a series of Covington blogs on implementation of Executive Order 14028, “Improving the Nation’s Cybersecurity,” issued by President Biden on May 12, 2021 (the “Cyber EO”). The first blog summarized the Cyber EO’s key provisions and timelines, and the subsequent blogs described the actions taken by various Government agencies to…
COP27: Loss and Damage COP
Perhaps the best way of summarizing COP27 was that, in the end, it boiled down to solving a tension between competing views of global priorities in addressing climate change. The Developed World was primarily focused on improving mitigation (emissions reduction offers at COP27 in the shape of a welter of improved Nationally-Defined Contributions (NDC). However,…
November 2022 Developments Under President Biden’s Cybersecurity Executive Order
This is the nineteenth in a series of Covington blogs on implementation of Executive Order 14028, “Improving the Nation’s Cybersecurity,” issued by President Biden on May 12, 2021 (the “Cyber EO”). The first blog summarized the Cyber EO’s key provisions and timelines, and the subsequent blogs described the actions taken by various Government agencies to…
The Biden Administration Publishes a Guidebook to the Inflation Reduction Act
On August 16, 2022, President Biden signed the Inflation Reduction Act (IRA) into law, directing a record $370 billion toward clean energy investments.
Yesterday, the White House released a 182-page guidebook to the IRA entitled Building a Clean Economy. John Podesta, Senior Advisor to the President for Clean Energy Innovation and Implementation, explains in…
Congress Offers Greater Hope for Defense Contractors Battling Inflation; Actual Relief Is Still Not Clear
As part of the FY23 National Defense Authorization Act (“NDAA”), Congress has given the Department of Defense authority to pay defense contractors for increased costs due to inflation. Section 822 of the NDAA amends Public Law 85-804 (50 U.S.C. 1431) to allow contractors to apply for adjustments, while also giving the DoD wide discretion to…
FTC Launches Green Guides Review, 60-day Comment Period Closes February 2023
On December 14, 2022, during an open Commission meeting, the Federal Trade Commission voted unanimously to issue a Federal Register notice requesting comments on the efficacy of the Green Guides. The initial request for comments seeks input on whether to retain, modify, or rescind the Guides. The notice was published in late December, marking the…
European Commission Releases Draft Adequacy Decision on the EU-U.S. Data Privacy Framework
On December 13, 2022, the European Commission released its draft adequacy decision on the EU-U.S. Data Privacy Framework (“EU-U.S. DPF”), which, once formally adopted, would recognize that the United States ensures an adequate level of protection for personal data transferred from the EU to organizations certified under the EU-U.S. DPF. The draft decision follows the…
BAG – Compliance bezüglich Arbeitszeiterfassung – Was Arbeitgeber nun wissen müssen und umsetzen sollten
Dauerbrenner Arbeitszeit
Nach dem Europäischen Gerichtshof (EuGH) hatte sich im September diesen Jahres auch das Bundesarbeitsgericht (BAG) zur Arbeitszeiterfassung geäußert. Nachdem zunächst nur eine Pressemitteilung des BAG veröffentlicht wurde, liegt nun auch der Beschluss im Volltext vor. Was vordergründig als Erfolg für die Arbeitgeber erschien (die Anträge des Betriebsrats hat das BAG zurückgewiesen), erweist sich…
Federal Labor Court on Working Time Compliance – What Employers in Germany Need to Know
Working time – a constant topic
After the European Court of Justice (ECJ), also the Federal Labor Court (BAG) commented on the recording of working time in September this year. Following the initial press release issued by the BAG, the full text of the decision is now available. What initially appeared to be a success…