Shows
Bona Fide Needs with Arnold & Porter and the PubKGroupEp. 4.02: An Update on False Claims Act EnforcementThe False Claims Act is the government's primary tool for redressing fraud against the United States. A party violates the Act when they knowingly submit a false claim for payment to the government. If a party is found to have violated the False Claims Act, they could be liable for significant treble damages and civil fines. Needless to say, government contractors, who regularly submit claims for payment to the government, must keep up with False Claims Act trends.
In this episode of Bona Fide Needs, Tirzah Lollar and Christian Sheehan of Arnold & Porter examine recent False Claims...
2025-05-0935 minBona Fide Needs with Arnold & Porter and the PubKGroupEp. 4.01: How Are the Trump Administration's Executive Orders Impacting Nonprofits?The Trump administration has issued over 80 executive orders, directing agencies to freeze funding on contracts and grants. This has resulted in stop work orders and terminations, leaving contractors and grantees in limbo. While these executive orders have affected all contractors and grantees, they have a potentially pernicious effect on nonprofits.
In this episode of Bona Fide Needs, Kristen Ittig and Jim Joseph of Arnold & Porter examine how Trump's executive orders are impacting nonprofit contractors and grantees. Among other things, they discuss the orders that could affect nonprofits, the illegality doctrine, and the potential risks to nonprofits' tax-exempt s...
2025-03-1642 min
The Mag RoomE140: Mark Takes A WhileEpisode 140: Mag Room Monday Night with Mark and J-Rod! The boys banter and talk about candy. Come spend some time in The Mag Room!
Produced by Mark Einloth, theme song by MegaYellox, Fact Checked by Bill, and Social Media by Paul Minor. Email themagroom@hotmail.com with feedback, questions, and general silliness, and check out our Instagram @themagroompod! Or even better send a letter to The Mag Room, 10152 Indiantown Rd, P.O. Box 9, Jupiter, FL 33478, or fax us at 561-744-1831. Like and subscribe on your favorite podcast service to get the latest download when it posts!
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2024-10-2031 minBona Fide Needs with Arnold & Porter and the PubKGroupEp. 3.06: The 2025 NDAA -- What Government Contractors Need to KnowEvery year Congress must pass the National Defense Authorization Act (NDAA). The NDAA adjusts DoD budget priorities based on what's happening around the world and current military needs. Thus, the NDAA is a guide to the issues that will impact defense contracting in the coming year.
In this episode of Bona Fide Needs, Marne Marotta, Adrienne Jackson, and Sara Linder of Arnold & Porter discuss the status of the 2025 NDAA bills pending in the House and Senate, provisions in the bills that could impact government contractors, and some notable amendments. They also predict where things are headed with...
2024-07-3131 minBona Fide Needs with Arnold & Porter and the PubKGroupEp. 3.05: Is Congress About to Enact a National Data Privacy Law?Last month, Congress began considering the American Privacy Rights Act, or the APRA. The bill has rare bipartisan support and could pass this year. If Congress enacts the APRA, it will establish the first national privacy and data security standard for the United States.
In this episode of Bona Fide Needs, Ron Lee, Amy Davenport, James Courtney, and Jami Vibbert from Arnold & Porter discuss what’s in the APRA, whether it can pass, and what it means for government contractors.
2024-05-2043 minBona Fide Needs with Arnold & Porter and the PubKGroupEp. 3.04: Is Your Business Ready for the Corporate Transparency Act?Enacted in 2021, the Corporate Transparency Act is intended to reduce illicit activity, including tax fraud, money laundering, and the funding of terrorist activity.
What does this mean for government contractors?
In this episode of Bona Fide Needs, co-host Mike McGill sits down with his Arnold & Porter colleague Naomi Hartman, a partner in the firm's corporate and finance practice group. Mike and Naomi discuss the intention of the CTA, which entities are covered, and what information companies may need to provide the government.
Show notes
Arnold & Porter: Beneficial Ownership Information Reporting
FINCEN: Beneficial Ow...
2024-04-0844 minBona Fide Needs with Arnold & Porter and the PubKGroupEp. 3.03: DOJ's False Claims Act Recoveries for 2023The Department of Justice has released its report on False Claims Act enforcement for fiscal year 2023. Did recoveries increase? What's the story behind the numbers?
In this episode of Bona Fide Needs, Pub K Group Managing Editor Bill Olver speaks with Arnold & Porter Partners Tirzah Lollar and Christian Sheehan about DOJ's FCA recoveries, as well as developments following the Supreme Court's decision in Polansky, which raised questions about the constitutionality of the qui tam provisions of the FCA.
Show notes
DOJ’s FY23 FCA Stats Show Bounce Back From Last Year’s Low...
2024-03-1919 minBona Fide Needs with Arnold & Porter and the PubKGroupEp. 3.02: The FY2024 National Defense Authorization ActEach year, Congress takes up the National Defense Authorization Act, which sets out budget and policy priorities for the Department of Defense. This bill is one of very few pieces of legislation that must pass every year.
In this episode, defense and policy experts from Arnold and Porter discuss the passage of this year's NDAA and some important policy considerations for defense contractors. The firm's Chuck Blanchard, Adrienne Jackson, and Yuvaraj Sivalingam will discuss:
Notable provisions related to contracting and procurement, including new disclosure requirements and small business matters
Contracting restrictions on doing business with “covered co...
2024-02-0831 minBona Fide Needs with Arnold & Porter and the PubKGroupEp. 3.01: Breaking Down the CMMC Proposed RuleAt the end of December, the Department of Defense published its proposed rule implementing the Cybersecurity Maturity Model Certification. This long-anticipated issuance answered many - but not all - of the questions about how the department will implement the program. In this episode of Bona Fide Needs, Arnold and Porter's Ronald Lee and Tom Pettit discuss the proposed rule and address some of those questions contractors may be asking:
What should contractors focus on immediately?
What did the rule resolve and what was left uncertain?
How should subcontractors approach the proposed rule?
Can a contractor (or DIDBCAP for L...
2024-01-1630 min
Beyond the BreakersEpisode 124 - USS Reuben JamesTo kick off Season Four we are telling the story of the destroyer USS Reuben James, the first US Navy loss of the Second World War.Sources: Benson, Olver. “The Changing Patterns of the War.” Current History, vol. 1, no. 4, Dec 1941, pp. 297 - 302. Blower, Brooke. “From Isolationism to Neutrality.” Diplomatic History, vo. 38, no. 2, Apr 2014, pp. 345 - 376. Guerlac, Henry and Marie Boas. “The Radar War Against the U-Boat.” Military Affairs, vol. 14, no. 2, Summer 1950, pp. 99 - 111. Kaufman, Will. “Woody Guthrie’s ‘Union War.’” Hungarian Journal of Engli...
2024-01-141h 00Bona Fide Needs with Arnold & Porter and the PubKGroupEp. 2.12: Hear Our Predictions for 2024!What's in store for contractors in 2024? Arnold & Porter legal and policy experts pull out their crystal ball to forecast developments in many important topics.
Christian Sheehan and Jayce Born on False Claims Act constitutionality
Ron Lee on the Cybersecurity Maturity Model Certification implementing regulations
Tom Pettit on a recent proposed rule on cyber incident reporting and information sharing
Chuck Blanchard on supply chain regulations and Federal Acquisition Security Council removal orders
Stuart Turner on nontraditional bid proposal evaluation processes and how to challenge them
Show Notes
1:20 - False Claims Act constitutionality
11:00 - CMMC implementing regulations
2023-12-2037 minBona Fide Needs with Arnold & Porter and the PubKGroupEp. 2.11: What Does Ultima Services Mean for Your Small Business?In Ultima Services v. the Department of Agriculture, a federal district court held that the Small Business Administration’s reliance on the rebuttable presumption of disadvantage for its 8(a) business development program violated the Fourteenth Amendment’s Equal Protection clause. That decision created a cascade of developments, as SBA froze new 8(a) applications, and then issued clarifying guidance to 8(a) participants.
To examine this and other developments, Arnold & Porter partner Mike McGill is joined by Senior Associate Tom Pettit.
For additional reading on these topics, please visit Pub K Group online.
2023-11-2939 minBona Fide Needs with Arnold & Porter and the PubKGroupEp. 2.10: The House Has a New Speaker, but Will Old Conflicts Derail 2024 Spending?After weeks of drama and legislative inaction, the House of Representatives finally has a new speaker as Representative Mike Johnson of Louisiana unexpectedly rose to the highest office in the chamber. As Congress faces fast-approaching deadlines for FY2024 appropriations and the National Defense Authorization act, how will Speaker Johnson move this must-pass legislation through a contentious House and Democratic Senate?
In this episode of Bona Fide Needs, Arnold & Porter Partner Mark Epley and Policy Advisor Jessica Monahan discuss how we got here, the prospects for FY2024 spending bills and the NDAA, reactions from the Senate, what contractors...
2023-11-0143 minBona Fide Needs with Arnold & Porter and the PubKGroupEp. 2.09: Are You Prepared for a Government Shutdown?As we approach the end of fiscal year 2023, Washington is once again facing down the prospect of a government shutdown at midnight on Saturday, September 30th. There’s a growing consensus among veteran Congress-watchers that a shutdown is inevitable.
In this episode of Bona Fide Needs, Arnold & Porter Policy Advisor Sara Linder, Partner Chuck Blanchard, and Partner Josh Alloy join Arnold and Porter partner and Bona Fide Needs co-host Mike McGill to discuss the perspective from Capitol Hill, what government agencies are doing, how contractors should prepare for a shutdown, and how employment law may affect how contr...
2023-09-2748 minBona Fide Needs with Arnold & Porter and the PubKGroupEp. 2.08: What Does the FY2024 NDAA Have in Store for Contractors?For more than 60 years, Congress has passed an annual National Defense Authorization Act establishing budget and policy priorities for the Department of Defense. This must-pass legislation often arrives late in the calendar year and laden with new acquisition rules and requirements. Traditionally, this language also spills over to civilian agencies.
In this episode of Bona Fide Needs, Arnold & Porter Policy Advisor Sara Linder, Policy Advisor Yuvaraj Sivalingam, and Senior Policy Specialist Adrienne Jackson examine what contractors can expect from this year's NDAA. They're joined by Arnold and Porter partner and Bona Fide Needs co-host Mike McGill.
0...
2023-08-291h 16Bona Fide Needs with Arnold & Porter and the PubKGroupEp. 2.07: Is the False Claims Act Unconstitutional?While the government contracting community had its eyes on the Supreme Court's consideration of the False Claims Act's scienter element, the Justices issued another decision that could have an even more significant impact on the fraud law. In this episode of Bona Fide Needs, Pub K Group Managing Editor Bill Olver speaks with Arnold & Porter Partners Tirzah Lollar and Christian Sheehan about the court's decision in Polansky, as well as some provocative comments in a dissent by Justice Clarence Thomas.
Also in this episode, Bill breaks down recent developments involving the Schutte and Proctor False Claims Act...
2023-07-2520 minBona Fide Needs with Arnold & Porter and the PubKGroupEp. 2.06: Will SCOTUS Unravel the Chevron Deference?In April, the Supreme Court announced it would take up a lawsuit involving the Department of Commerce’s oversight of marine fishing vessels. Of import to federal contractors, the case provides an opportunity for the Justices to examine the 40-year old Chevron deference, and consider whether they should overrule or clarify the previous holding.
In this episode of Bona Fide Needs, Pub K Group Managing Editor Bill Olver speaks with Arnold & Porter Partner Kristen Ittig, who explains the principles of the Chevron deference, how it is used in court, the current case before the Supreme Court, and how...
2023-06-2723 minBona Fide Needs with Arnold & Porter and the PubKGroupEp. 2.05: SCOTUS Rejects Safeco Defense. What Does This Mean for FCA Defendants?On June 1, the Supreme Court issued its much-awaited opinion in U.S. ex rel. Schutte v. SuperValu, Inc. and U.S. ex rel. Proctor v. Safeway, Inc., handing down a unanimous decision reversing the Seventh Circuit and rejecting the application of Safeco’s “objective reasonableness” standard to the False Claims Act. The decision will have significant ramifications not only for FCA litigation pending in the Seventh Circuit, but in courts across the country, as multiple courts of appeals and district courts had also adopted an “objective reasonableness” requirement.
In this episode, Pub K Group Managing Editor Bill Olver speaks...
2023-06-0721 minBona Fide Needs with Arnold & Porter and the PubKGroupEp. 2.04: How Contractors Can Prepare for a Default on the Nation’s DebtThe threat of the U.S. government defaulting on its debt is full of uncertainties for federal contractors. These risks include subcontracting disputes and even going out of business if the government deprioritizes payments to government contractors.
In this episode of Bona Fide Needs, Pub K's Bill Olver sits down with two attorneys from Arnold & Porter's Government Contract and National Security Group - Keith Feigenbaum and Bryan Williamson - who address the statutory framework of the debt ceiling, the implications of a breach, the likely effect on federal contractors, and many practical recommendations for how contractors can...
2023-05-2531 minBona Fide Needs with Arnold & Porter and the PubKGroupEp. 2.03: The Supreme Court’s Consideration of the FCA Knowledge StandardOn April 18, the Supreme Court heard oral arguments in Schutte v. SuperValu and Proctor v. Safeway, two qui tam cases raising significant questions about the knowledge standard under the False Claims Act.
Arnold & Porter partners Tirzah Lollar, Craig Margolis, and Christian Sheehan attended the arguments in-person and then provided their real-time insights into the Justices' line of questioning, the parties' responses, and what this may mean for relators and defense counsel.
In this episode of Bona Fide Needs, we present their discussion, with additional contextual comments by Tirzah Lollar.
0:30 - Tirzah's introduction
6...
2023-04-2553 min
Oh Captain My CaptainEp. 34 - Writing Gyms - Cressida WettonOn todays episode we have the great Cressida Wetton talking to us about writing gyms.
Cressida is a hilarious comedian and friend of the podcast based in London. She runs writing gyms at the Bill Murry and is going to be telling us about how its done.
2023-03-181h 14Bona Fide Needs with Arnold & Porter and the PubKGroupEp 2.02: The Supreme Court Tackles FCA Court SplitsIn this episode of Bona Fide Needs, Pub K Managing Editor Bill Olver is joined by Arnold & Porter False Claims Act Practice partners Tirzah Lollar and Christian Sheehan for a discussion about the Department of Justice's reported FCA recoveries for fiscal year 2022, as well as two FCA-related cases before the Supreme Court.
0:25 - Mike's introduction
1:50 - Bill's conversation with Tirzah and Christian
3:45 - FCA recoveries for FY2022
10:30 - Supreme Court consideration of the scienter standard
18:20 - Supreme Court consideration of the government's authority to dismiss qui tam complaints
2023-03-1534 minBona Fide Needs with Arnold & Porter and the PubKGroupEp 2.01: COVID-19 Claims Litigation - What You Should KnowIn this episode of Bona Fide Needs, Arnold & Porter Partner Mike McGill speaks with Arnold & Porter Senior Associate Amanda Sherwood on recent cases addressing contractor relief for the impacts of the COVID-19 pandemic and unanticipated inflation and Mike summarizes the targeted relief authorized through section 822 of the National Defense Authorization Act for FY 2023.
0:00 - Introduction
1:20 - Mike and Amanda's conversation
35:20 - Mike's final comments on the FY2023 NDAA
Show notes available online at the Pub K Group website.
2023-02-0841 minBona Fide Needs with Arnold & Porter and the PubKGroupEp 1.07: 2023 Annual Review Preview with PilieroMazza’s Nichole AtallahIn this episode of Bona Fide Needs, Arnold & Porter Partner Mike McGill and PilieroMazza Partner Nichole Atallah preview the Labor & Employment panel from Pub K's upcoming 2023 Annual Review.
From January 9 - 12, three dozen top government contracting practitioners will break down the most important and intriguing developments affecting federal contractors and their counsel. Government officials, private sector attorneys, and in-house experts will examine 2022's key litigation, enforcement activity, agency regulatory activity, and developments from Capitol Hill and the White House.
Pub K's Annual Review is free to the public. To register, visit Pub K online at...
2022-12-2130 minBona Fide Needs with Arnold & Porter and the PubKGroupEp 1.06: 2023 Annual Review Preview with Arnold & Porter’s Craig HolmanIn this episode of Bona Fide Needs, Arnold & Porter Partners Mike McGill and Craig Holman preview the Bid Protest panel from Pub K's upcoming 2023 Annual Review.
From January 9 - 12, three dozen top government contracting practitioners will break down the most important and intriguing developments affecting federal contractors and their counsel. Government officials, private sector attorneys, and in-house experts will examine 2022's key litigation, enforcement activity, agency regulatory activity, and developments from Capitol Hill and the White House.
Pub K's Annual Review is free to the public. To register, visit Pub K online at https://pubkgroup.c...
2022-12-2009 minBona Fide Needs with Arnold & Porter and the PubKGroupEp 1.05: Pub K Group’s 2023 Annual Review Preview with Alan ChvotkinIn this episode of Bona Fide Needs, Arnold & Porter Partner Mike McGill and PubKGroup President Alan Chvotkin preview Pub K's upcoming 2023 Annual Review.
From January 9 - 12, three dozen top government contracting practitioners will break down the most important and intriguing developments affecting federal contractors and their counsel. Government officials, private sector attorneys, and in-house experts will examine 2022's key litigation, enforcement activity, agency regulatory activity, and developments from Capitol Hill and the White House.
Pub K's Annual Review is free to the public. To register, visit Pub K online at https://pubkgroup.com/govcon-annual-review-2023/.
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2022-12-1924 minBona Fide Needs with Arnold & Porter and the PubKGroupEp 1.04: How You Can Respond to Defense Production Act OrdersIn this episode of Bona Fide Needs, Arnold & Porter Partner Mike McGill and PubKGroup Managing Editor Bill Olver cover a broad range of recent legal developments affecting government contractors.
Our feature this month is Mike’s in-depth discussion with Arnold & Porter partner Chuck Blanchard, who previously served as general counsel of the Air Force and earlier the Army. Mike and Chuck discuss a range of topics, including the Defense Production Act, Other Transaction Authority, and Foreign Military Sales.
The episode starts with Mike highlighting several key regulatory and policy developments that you may have missed ov...
2022-08-231h 19Bona Fide Needs with Arnold & Porter and the PubKGroupEp 1.03: The Impact of PFAS Controls on Federal ProcurementIn this episode of Bona Fide Needs, Arnold & Porter Partner Mike McGill and PubKGroup Managing Editor Bill Olver cover a broad range of recent legal developments affecting government contractors.
Our headline feature this month is Mike’s broad discussion with Arnold & Porter partner Judah Prero on the interplay between the regulation of the chemical PFAS and federal procurement, which is part of the Biden Administration's broader effort on climate change and environmental sustainability.
Mike also examines new procurement rules, including a FAR rule on the use of small business procedures for overseas procurements, a final DFA...
2022-05-161h 14Bona Fide Needs with Arnold & Porter and the PubKGroupEp 1.02: The Impact of Russia Sanctions on U.S. FirmsIn this episode of Bona Fide Needs, Arnold & Porter Partner Mike McGill and PubKGroup Managing Editor Bill Olver cover a broad range of recent legal developments affecting government contractors.
Our headline feature this month is Mike’s broad discussion with Arnold & Porter partner Soo-Mi Rhee on the economic sanctions imposed by the United States government following Russia's invasion of Ukraine, and the impact of those sanctions on U.S. companies, including federal contractors.
Mike also breaks down new procurement rules, including a new FAR rule amending the Buy American Act implementing regulations, a Department of De...
2022-04-081h 03Bona Fide Needs with Arnold & Porter and the PubKGroupEp 1.01: Wage Fixing and No-Poach AgreementsIn this first proper episode of Bona Fide Needs, Arnold & Porter Partner Mike McGill and PubKGroup Managing Editor Bill Olver cover a broad range of recent legal developments affecting government contractors.
Our primary feature this month is Mike’s in-depth discussion with Andre Geverola, head of Arnold & Porter's cartel investigations practice and former Director of Litigation for the Justice Department’s Antitrust Division, about DOJ's scrutiny of wage fixing and no-poach agreements in the defense industry. In our second feature, Bill speaks with Arnold & Porter partner Craig Margolis for a timely overview of the Department of Justice's False...
2022-03-0256 min
Access: City Hall PodcastAccess: City Hall: Planning and Community and Economic DevelopmentHost Stu Levitan welcomes Steven Cover, Director, City of Madison Department of Planning and Community and Economic Development, Aaron Olver, City of Madison Director of Economic Development, and Bill Fruhling, Principal Planner, Planning Division, City of Madison Dept. of Planning and Community and Economic Development, to this episode of Access: City Hall.
2013-01-2357 min