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Articles by James Boland
Defense Department Requires New Bid Representation Regarding Consultants Who Lobby for Chinese Military Companies
August 4, 2026 James Boland, Lawrence Norton, David Owens Venable LLP + Follow x Following x Following - Unfollow Contact To embed, copy and paste the code into your website or blog: Companies submitting bids or proposals to the Department of Defense (DoD) should be aware of two new representations required in DoD solicitations.
Companies Can Be Barred from Defense Contracts If Their Consultants Lobby for Chinese Military Companies
July 1, 2026 James Boland, Lawrence Norton, David Owens Venable LLP + Follow x Following x Following - Unfollow Contact To embed, copy and paste the code into your website or blog: Beginning June 30, 2026, the Department of Defense may not award a contract to a defense contractor if the contractor—or its parent or subsidiary—retains a consultant engaged in lobbying activities on behalf of a Chinese military company (CMC).
Initial Settlements Resolving Allegations of Unlawful DEI Reinforce Compliance Risks
Following a series of executive orders (EOs) aimed at government contractors and grant recipients over the past year addressing diversity, equity, and inclusion (DEI) practices, the U.S. Department of Justice (DOJ) and the U.S. Equal Employment Opportunity Commission (EEOC) have announced the first settlement agreements related to allegations of illegal DEI practices by federal contractors and grant recipients.
Trump Executive Order Imposes New DEI Contract Clause Expanding DEI Coverage, Mandating Access to Contractor Records, Debarment, and Other Remedies
The Trump administration has issued a new executive order (EO), "Addressing DEI Discrimination By Federal Contractors," targeting federal contractors in a way that builds on earlier efforts to rein in diversity, equity, and inclusion (DEI) practices that violate federal antidiscrimination laws. The EO warns that while the administration believes it "has made significant progress in ending racial discrimination in American society . . .
Trump Administration to Impose False Claims Act Liability on Contractors and Grant Recipients Who Continue to Maintain DEI and Other Affirmative Action Programs | Venable LLP - JDSupra
On January 21, 2025, President Trump issued a widely expected executive order (EO), Ending Illegal Discrimination and Restoring Merit-Based Opportunity, targeting affirmative action and diversity, equity, and inclusion (DEI) initiatives in the federal government.
SBA Final Rule Changes M&A Landscape for Multiple Award Contracts | JD Supra
Effective January 16, 2025, the Small Business Administration (SBA) issued a final rule intended to close what SBA considered to be a long-standing loophole in its size recertification rules that allowed a large business to acquire a small business and then compete against other small businesses for task orders.
Federal Court Finds Qui Tam Provision Of False Claims Act Unconstitutional
The False Claims Act ("FCA") imposes civil and criminal liability on parties that knowingly present or cause to be presented a false or fraudulent "claim" to the government.1 Enacted during Reconstruction in 1863, the scope of the FCA is broad, impacting persons and businesses in numerous fields.
Federal Court Finds Qui Tam Provision of False Claims Act Unconstitutional | JD Supra
The False Claims Act (“FCA”) imposes civil and criminal liability on parties that knowingly present or cause to be presented a false or fraudulent “claim” to the government.[1] Enacted during Reconstruction in 1863, the scope of the FCA is broad, impacting persons and businesses in numerous fields.
Virginia Contractors Can Overcome Sovereign Immunity And Sue The State Government, Even Where The Remedy Is "Equitable" Relief Instead Of Damages
On May 9, 2024, the Supreme Court of Virginia held that a lawsuit alleging that the state government had procured a contractor's settlement of a contract dispute using economic duress and bad faith could proceed, rejecting lower court decisions finding that the doctrine of sovereign immunity barred the lawsuit.
Virginia Contractors Can Overcome Sovereign Immunity and Sue the State Government, Even Where the Remedy Is "Equitable" Relief Instead of Damages | JD Supra
On May 9, 2024, the Supreme Court of Virginia held that a lawsuit alleging that the state government had procured a contractor's settlement of a contract dispute using economic duress and bad faith could proceed, rejecting lower court decisions finding that the doctrine of sovereign immunity barred the lawsuit.
GovCIO, LLC v. govciocareers.com
Plaintiff: GovCIO, LLC Defendant: govciocareers.com Case Number: 1:2023cv01181 Filed: September 1, 2023 Court: US District Court for the Eastern District of Virginia Nature of Suit: Trademark Cause of Action: 15 U.S.C. ยง 1125 Trademark (Anticybersquatting consumer protection) Jury Demanded By: None Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
GOVCIO, LLC v. USA
GOVCIO, LLC v. USA Plaintiff: GOVCIO, LLC Defendant: USA Case Number: 1:2023cv00906 Filed: June 15, 2023 Court: United States Federal Claims Court Presiding Judge: Marian Blank Horn Nature of Suit: Contract - (Pre Award) Injunctions Cause of Action: 28 U.S.C. § 1491 Tucker Act Jury Demanded By: None RSS Track this Docket Docket Report This docket was last retrieved on June 15, 2023. A more recent docket listing may be available from PACER.
Fourth Circuit Holds That Government Contractors Can Rely on Fiduciary Duty of Loyalty to Prevent Employees from Direct Competition Even Without a Non-compete | Venable LLP - JDSupra
The U.S. Court of Appeals for the Fourth Circuit has found that employees can breach their duty of loyalty to their employers and tortiously interfere with a business expectancy by competing against their employer for the same follow-on contracting opportunity. The Fourth Circuit’s recent decision in Adnet, Inc., v. Rohit Soni, et al., Case No. 21-2182 (4th Cir.
These Comedians ‘Should Know This …’ at The Cooperage
“We want the show to feel like performers and audience are back in college at our friends' kitchen late on a Saturday night and we’re riffing off each other.” Thus says Kristoffer Puddicombe of the intimate, convivial ambience he and co-host James Boland want to conjure with “I Should Know This...,” their comedy game show that takes to stage for its latest episode at The Cooperage (822 Water St.), 7 p.m. Saturday, March 25.
Commercial Solutions Openings Are Here to Stay: What That Means for Federal Contractors | JD Supra
On January 31, 2023, the Department of Defense proposed amendments to the Defense Federal Acquisition Regulation Supplement (DFARS) to enshrine regulations surrounding commercial solutions openings (CSOs). The proposal would amend Part 212 of the DFARS in order to implement Section 803 of the National Defense Authorization Act for Fiscal Year 2022 (NDAA FY 22), which made permanent a CSO pilot program for acquiring innovative technical solutions to meet Department of Defense requirements.
Commercial solutions openings are here to stay: what that means for federal contractors
(March 2, 2023) - James Y. Boland and Andrew W. Current of Venable LLP examine how the Defense Department's proposed regulations for commercial solutions openings may provide opportunities for government contractors. On January 31, 2023, the Department of Defense proposed amendments to the Defense Federal Acquisition Regulation Supplement (DFARS) to enshrine regulations surrounding commercial solutions openings (CSOs).
Section 5949 - Congress's Latest Prohibition on Chinese Technology in Federal Procurement, and What It Means for Government Contractors | JD Supra
Chinese semiconductors are ubiquitous within the United States and its private- and public-sector supply chains.
Congressional, Executive, and Legal Developments for Government Contractors to Consider | JD Supra
Each month, Venable's Government Contracts Group publishes a summary of recent legal developments of interest to the government contractor community. Regulatory Updates The FAR Council has proposed to amend the FAR to implement section 5(b)(i) of Executive Order (E.O.) 14030, Climate-Related Financial Risk.
New FAR Provision and Pending Supreme Court Case Highlight Lack of Clear Rules on Communications Between Government and Industry During Procurement Process | Venable LLP - JDSupra
Several years after initially proposing the rule and receiving feedback from federal contractors and a prominent government contracting scholar, the Federal Acquisition Regulatory Council recently released a final rule regarding "Effective Communication between Government and Industry." See 87 Fed. Reg. 73902, 73902 (Dec. 1, 2022).
Congress Approves Defense Authorization for FY2023 | JD Supra
December 16, 2022 James Boland, Paul Debolt, Sarah Donovan, Dismas Locaria, Kyle McCollum Venable LLP + Follow x Following x Following - Unfollow Contact To embed, copy and paste the code into your website or blog: With little room left on the calendar, this week Congress passed, and sent to President Biden’s desk, the National Defense Authorization Act (“NDAA”) for Fiscal Year 2023.
SBA Vendor Report Overlooks Implicit Contract Ratification
Law360 (March 2, 2021, 5:46 PM EST) -- The U.S. Small Business Administration's Office of the Inspector General recently issued a report identifying more than $10 million in unauthorized commitments to vendors providing services without a contract to do so.[1] The OIG recommended that the SBA resolve the matter by ratifying the unauthorized commitments using the procedures at Federal Acquisition Regulation 1.602-3 on ratification of unauthorized commitments.
Boland And Ehrhart Share Key Takeaways From First Virtual Bench Hearing In Cook County
United States: Boland And Ehrhart Share Key Takeaways From First Virtual Bench Hearing In Cook County 11 December 2020 by James J. Boland and Katheleen A. Ehrhart Freeborn & Peters LLP To print this article, all you need is to be registered or login on Mondaq.com. Powerhouse Points Trials in Illinois court are proceeding virtually during COVID, and perhaps beyond. Effective trial advocacy in remote proceedings requires adjustments and new tactics.
Supreme Court Clarifies The Applicability Of Domestic Contract Principles To The Enforcement Of International Arbitration Agreements
United States: Supreme Court Clarifies The Applicability Of Domestic Contract Principles To The Enforcement Of International Arbitration Agreements 10 December 2020 Freeborn & Peters LLP To print this article, all you need is to be registered or login on Mondaq.com.
Supreme Court Holds That SEC's Power To Obtain Equitable Relief Includes Disgorgement Of Wrongdoers' Net Profits But Leaves Important Questions Open Regarding Its Scope - Litigation, Mediation & Arbitration - United States
United States: Supreme Court Holds That SEC's Power To Obtain Equitable Relief Includes Disgorgement Of Wrongdoers' Net Profits But Leaves Important Questions Open Regarding Its Scope 10 December 2020 Freeborn & Peters LLP To print this article, all you need is to be registered or login on Mondaq.com.
Congressional, Executive, and Legal Developments for Government Contractors to Consider | December 2018 | Lexology
Government Contracts Update As 2018 comes to a close, government contractors should be aware of two legislative and regulatory developments effecting small business contracting: the Small Business Runway Extension Act of 2018 and the Federal Acquisition Regulatory Council's belated proposed amendments to the limitation on subcontracting clause.
Trump's immigration policies are 'economic poison' that will cost taxpayers billions
As two American citizens – one an immigrant, the other a child of immigrants – who have dedicated our careers to fighting for American workers, we believe President Trump's immigration policies aren't just morally wrong, they're economic poison. Take, for example, the story of Marvin Flores. Marvin is a bricklayer who has lived and worked in the United States legally for nearly 20 years.
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