Alert
Published 05/25/2021
By Alexander (Sandy) R. Bilus, Rebecca J. Reist, Judith B. Kassel
Industries Government Contracts
Services Cybersecurity and Privacy
In the wake of several recent major cyberattacks, President Biden issued a sweeping Executive Order on Improving the Nation’s Cybersecurity (“Order”) on May 12, 2012. The Order reflects the Administration’s policy of “prevention, detection, assessment and remediation of cyber incidents as a top priority and essential to the national and economic security.” President Biden issued the Order following a series of recent cyberattacks on Federal Government and private company networks, including the Colonial Pipeline and the SolarWinds incidents. The Order aims to improve the nation’s...
Alert
Published 05/21/2021
By Pamela Goodwin
Services Environmental | Environmental, Social and Governance (ESG)
President Biden yesterday issued an Executive Order directing the national climate adviser and director of the National Economic Council to develop a comprehensive, government-wide climate strategy by the end of September. The Order calls for a plan to identify and disclose financial risk to government programs, assets and liabilities, posed by climate risks, and determine the public and private financing needed to reach net-zero emissions by 2050. Key Elements of the Order Financial regulators, including the Secretary of the Treasury, to consider assessing climate-related financial risk...
Alert
Published 05/04/2021
By Pamela Goodwin, John Dixon
Services Environmental | Environmental, Social and Governance (ESG)
Late last week, the United States Environmental Protection Agency (EPA) announced its latest environmental justice initiative aimed at expanding Toxic Release Inventory (TRI) reporting requirements to include additional types of chemicals and facilities. Environmental Justice is intended to ensure fair treatment and involvement of people regardless of race, color, origin or income in environmental regulation and enforcement. The TRI is a publicly available database that includes information on toxic chemical releases and waste management activities. The EPA announced its proposal to expand...
Alert
Published 02/05/2021
By Judith B. Kassel, Sunu M Pillai
Industries Construction | Government Contracts
Strengthening Buy American statutes have been a rare area of bipartisan agreement in the current fractured political climate. In the final days of the Trump Administration, the Department of Defense (“DOD”), General Services Administration, and National Aeronautics and Space Administration jointly issued new regulations, amending the Federal Acquisition Regulations (FAR) to implement Executive Order 13881, “Maximizing Use of American-Made Goods, Products, and Materials.” On January 25, 2021, President Biden signed Executive Order 14005, “Ensuring the Future Is Made in All of America by All of...
Alert
Published 05/07/2020
By Judith B. Kassel
Services Corporate
To obtain a loan under the Paycheck Protection Program (“Program”) applicants are required to certify that “current economic uncertainty makes this loan necessary to support [its] on-going operations…” In late April, the SBA issued clarification regarding this certification. As discussed previously SBA counseled that “borrowers must certify in good faith that the PPP loan is necessary” and in so certifying “take into account their current business activity and their ability to access other sources of liquidity sufficient to support their ongoing operations in a manner that is not...
Alert
Published 04/14/2020
By Judith B. Kassel
Industries Government Contracts
Section 3610 of the CARES Act authorizes Federal agencies to reimburse Federal contractors (and subcontractors) for paid leave to maintain a ready workforce. This authority applies to contractors and subcontractors who, because of the nature of their job responsibilities, cannot work off-site, and cannot perform work on-site due to closures. These are individuals who possess security clearances and must access classified information to perform their work. Section 3610 is not automatic. Each agency has the discretion whether to exercise its authority. Over the last week we have seen agencies...
Alert
Published 05/18/2018
Industries Government Contracts
Services White Collar and Government Enforcement
A recent decision from the Eleventh Circuit underscores the importance of keeping accurate records of disclosures to the federal government regarding potential non-compliance with regulations and contract requirements by government contractors, healthcare providers and others doing business with the federal government. The Eleventh Circuit held that the limitations period for suits under the False Claims Act (“FCA”) runs from the date the government first learns of the alleged violations, whether or not the government intervenes. See United States of America ex rel. Billy Joe Hunt v. Cochise...
Alert
Published 03/05/2018
Industries Government Contracts
Services White Collar and Government Enforcement
In a unanimous decision issued on February 21, 2018, the U.S. Supreme Court held that would-be whistleblowers seeking to sue under the anti-retaliation protections of the Dodd-Frank Act (the "Act"), must report alleged misconduct to the U.S. Securities and Exchange Commission ("SEC"), whether or not they also report internally within the company. See Digital Realty Trust, Inc. v. Somers , 583 U. S. __ (2018) . (Our prior posts on this case reviewed the parties’ positions prior to oral argument here and following oral argument here .) The Court’s decision resolved a split among the Circuits in...
Books
Published 1981
By Harry D. Shapiro, Co-author
Services Tax
Harry D. Shapiro, Chair of the Tax Practice Group in Saul Ewing's Baltimore office, is a co-author of Federal Tax Liens, supplement to the third edition, published by ALI/American Bar Association.
Books
Published 1981
By Paul M. Heylman, Chapter Author
Services Labor and Employment
Paul M. Heylman, a Partner in the Business Department and Labor, Employment and Employee Benefits Practice Group in the Washington, D.C. office, contributed two chapters to this book. Mr. Heylman's chapters are titled, "Employee Relations in an Unorganized Facility" and "Developing a Strike Contingency Plan." "Employee Relations in an Unorganized Facility" covers effective employee relations in a non-union facility, as well as what an employer can and cannot do regarding union organizing efforts. "Developing a Strike Contingency Plan" addresses how to plan for, and deal with, strikes in...
Books
Published 1986
By Joel R. Burcat, Author
Services Environmental
Joel R. Burcat, Partner and primary representative of Saul Ewing's Environment and Natural Resources Practice Group in the Firm's Harrisburg office, is the author of Environmental Liability of Credtors , published by the Pennsylvania Bar Institute.
Books
Published 1988
By Joel R. Burcat, Chapter co-author; et al.
Services Environmental
Joel R. Burcat, Partner and primary representative of Saul Ewing's Environment and Natural Resources Practice Group in the Firm's Harrisburg office, is a chapter co-author of Community Right-to-Know Deskbook , published by the Environmental Law Institute.
Books
Published 1989
By Robert L. Duston, Co-Author; Paul M. Heylman, Co-Author; Ira M. Shepard, Co-Author
Services Labor and Employment
Robert L. Duston, Paul M. Heylman and Ira M. Shepard, Partners in the Labor, Employment and Employee Benefits Practice Group in the Washington, D.C. office, wrote this book, an employers guide to employment-at-will. The book also provides an analysis of changes in employment law and includes reference materials for employers.
Books
Published 1989
By Harriet E. Cooperman, Chapter author
Services Labor and Employment
Harriet E. Cooperman is the chapter author of "Remedying the Wrong: The Nature and Extent of Damages in Employment Cases," Torts and Insurance Practice , published by the American Bar Association.
Books
Published 1990
By George T. Magnatta, Co-author; et al.
Services Public Finance
George T. Magnatta, Chair of Saul Ewing's Public Finance practice group in the Firm's Philadelphia office, is a co-author of ABCs of Industrial Development Bonds , published by Packard Press.
