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FedSoc ForumsDoes Jarkesy Doom the Preserve Access to Affordable Generics and Biosimilars Act?Reducing the cost of prescription drugs has been a bipartisan priority for years. One recent effort is the Preserve Access to Affordadble Generics and Biosimilars Act (S. 142), sponsored by Sen. Klobuchar with the support of Sen. Grassley and others. This bill would give the FTC new authority to investigate settlements between branded and generic drug companies that delay generic/biosimilar market entry and are deemed anticompetitive. The bill proposes allowing the FTC to make factual findings and liability determinations that the district court applies when computing damages. Our expert panel will discuss whether this bifurcated administrative/judicial arrangement can be...2024-11-2653 min
The Government Contracts Legal Round-UpThe Government Contracts Legal Round-Up | Episode 47In this episode of the Government Contracts Legal Round-Up, Partner David Robbins updates contractors on the semiconductor supply chain, cybersecurity news, and claims and bid protests. David informs suppliers of semiconductors about proposed new rules and Department of Defense contractors about an order regarding reporting cyber incidents. He also recaps claims and bid protests with implications for negotiating contract modifications and releases.2024-05-2108 min
The Government Contracts Legal Round-UpThe Government Contracts Legal Round-Up | Episode 46In this episode of the Government Contracts Legal Roundup, Parter David Robbins reviews a series of litigation cases, including a claims update and two bid protest cases. David offers key takeaways for government contract practitioners and discusses the implications of the Department of Defense’s continued, expanded use of its “Other Transactions” authority for prototype projects.2024-04-2305 min
The Government Contracts Legal Round-UpThe Government Contracts Legal Round-Up | Episode 45In this episode of the Government Contracts Legal Roundup, David Robbins reviews a series of cases that have been decided in recent weeks, including the much-anticipated decision in Avue Technologies Corp. v. Department of Health & Human Services. He also reviews Williams Building Company, Inc. v. Department of State; PDS Consultants, Inc. v. United States and Superior Optical Labs, Inc.; United States ex rel. Hunter v. Fillmore Capital Partners, LLC; and the matters of Expression Networks, LLC and DGCC Corp. In reviewing these matters, David provides key takeaways for government contract practitioners on matters involving the False...2024-03-2310 min
The Government Contracts Legal Round-UpThe Government Contracts Legal Round-Up | Episode 44In this episode of the Government Contracts Legal Round-Up, Partner David Robbins explains how two recent Court of Federal Claims decisions reaffirm that the court will meaningfully review an agency’s proposed corrective action, underscoring that protest litigation before the court can be very different from protest proceedings before the Government Accountability Office (GAO). He also looks at a recent GAO bid protest that was dismissed as untimely, highlighting that contractors should pay close attention to deadlines to avoid disappointment. Finally, David discusses the Department of Defense’s final rule amending the Defense Federal Acquisition Regulation Supplement purs...2024-02-2409 min
The Government Contracts Legal Round-UpThe Government Contracts Legal Round-Up | Episode 43In this episode, Partner David Robbins discusses the significant proposed rule issued by the Department of Defense implementing Cybersecurity Maturity Model Certification 2.0. David also covers suspension/debarment updates and recent bid protest decisions. 2024-01-2410 min
The Government Contracts Legal Round-UpThe Government Contracts Legal Round-Up | Episode 42In this episode, Partner David Robbins discusses the National Defense Authorization Act for Fiscal Year 2024. David explains a number of provisions that government contractors and grant recipients should be aware of, including those concerned with foreign purchases, cyber security, and greenhouse gases.2023-12-2103 min
The Government Contracts Legal Round-UpThe Government Contracts Legal Round-Up | Episode 41In this episode of the Government Contracts Legal Roundup, David Robbins shares the mic with Jan Larson, a Co-Chair of the firm’s Insurance Recovery and Counseling Practice. Jan explains how her practice dovetails with the needs of government contractors and all policyholders who seek insurance to recover damages. “The key part,” she tells David, “is you’re helping to bring money back in.” In addition to his interview with Jan, David provides a quick update on a recent DFARS amendment.2023-12-0609 min
The Government Contracts Legal Round-UpThe Government Contracts Legal Round-Up | Episode 40Partner David Robbins begins this episode by discussing implications of decisions by the Court of Federal Claims and the GAO. The cases he covers include System Dynamics Int’l, Inc. v. United States; Insight Technology Solutions, LLC; Guidehouse, Inc.; and Zolon PCS II, LLC. He then provides federal grant recipients with takeaways from the OMB’s proposed rewrite of the uniform guidance. He closes by reminding listeners that he will soon publish his Suspension and Debarment By the Numbers analysis for the prior fiscal year.2023-10-2410 min
The Government Contracts Legal Round-UpThe Government Contracts Legal Round-Up | Episode 39In this robust episode of the Government Contracts Legal Roundup, David Robbins covers a number of current issues in this episode across the government contracts spectrum of issues, including protests, claims, regulatory and investigations. He closes with a cautionary observation about the Department of Justice’s program to pursue criminal prosecutions for sanctions violations.2023-09-2709 min
The Government Contracts Legal Round-UpThe Government Contracts Legal Round-Up | Episode 38In this episode, Partner David Robbins is joined by Nathan Castellano to talk about Nathan’s naming as a co-author of the seminal Formation of Government Contracts treatise and a contributor to The Nash & Cibinic Report. David then discusses a divergence between COFC and GAO protest practice highlighted by AccelGov, LLC v. United States and also explores two other decisions: KPMG LLP v. United States and B&B Medical Services, Inc.2023-08-2110 min
The Government Contracts Legal Round-UpThe Government Contracts Legal Round-Up | Episode 37In this episode, Partner David Robbins discusses important cases and developments facing government contractors and grant recipients. He updates listeners on the Percipient.ai protest, which has sparked significant litigation over the scope of Court of Federal Claims bid protest jurisdiction. He also describes the implications of protest decisions in Leidos Inc.; Booz Allen Hamilton Inc. and BOF GA Lenox Park, LLC. David concludes with an “un-human interest story”: proposed legislation that would force contractors to turn over any “non-earth origin” material that intelligence officials have presumably concealed from Congress. What about protection from alien retribution? That, David notes, is not c...2023-07-2107 min
The Government Contracts Legal Round-UpThe Government Contracts Legal Round-Up | Episode 36In this episode, Partner David Robbins highlights the Supreme Court’s recent, unanimous opinion in the SuperValue case, which held that the False Claims Act’s scienter element may take into account a defendant’s knowledge and subjective beliefs. David also covers the new FAR rule that prohibits contractors from using TikTok on certain IT products. Last, David discusses the Federal Circuit’s useful reminder of the de novo standard of review that applies to appeals of the Contract Disputes Act.2023-06-2209 min
The Government Contracts Legal Round-UpThe Government Contracts Legal Round-Up | Episode 35In this episode, Partner David Robbins highlights the “quiet” end of the contractor COVID-19 vaccine mandate. He also provides take-aways about proposed revisions to cybersecurity standards issued by the National Institute of Standards and Technology and a new voluntary self-identification disability form issued by the Office of Federal Contract Compliance Programs. Finally, he reviews a Federal Circuit decision about CDA jurisdiction, a claims case – Mid-Atlantic Constr. & Design Assocs., Inc. v. United States – and two protest cases: Aptim-Amentum Alaska Decommissioning, LLC and TechSynap Corp. v. United States.2023-05-1911 minThe Government Contracts Legal Round-UpThe Government Contracts Legal Round-Up | Episode 34In this episode, Partner David Robbins explains the Department of Defense’s final rule amending the Defense Federal Acquisition Regulation Supplement and provides an update on Gandhi v. CMS, a freedom of information act case. He also outlines recent bid protest decisions that are expected to have an impact on large contractors as well as small businesses.2023-04-2409 minThe Government Contracts Legal Round-UpThe Government Contracts Legal Round-Up | Episode 33In this episode, Partner David Robbins first recaps the outcome of Aries Construction v. US addressing the relationship between the Contract Disputes Act’s claims submission requirement and contractor claims for breach of the duty of good faith and fair dealing. David then highlights the CPI adjusted penalties for False Claims Act violations, and discusses the intersection of government contracting and artificial intelligence. 2023-03-1707 minThe Government Contracts Legal Round-UpThe Government Contracts Legal Round-Up | Episode 32Partner David Robbins discusses an important FOIA decision about the application of Exemption 4 and recent protest cases in an episode of the Government Contracts Legal Round Up. He also explains the Department of Justice’s summary of False Claims Act (FCA) recoveries for Fiscal Year 2022 and several important revisions to the department’s Criminal Division’s Corporate Enforcement Policy. The policy modifications follow a September 2022 memorandum from Deputy Attorney General (DAG) Lisa Monaco announcing revisions to DOJ’s corporate criminal enforcement policies.2023-02-1611 min
The Government Contracts Legal Round-UpThe Government Contracts Legal Round-Up | Episode 31In this episode of the Government Contracts Legal Round-Up, Partner David Robbins discusses an important legislative development, as well as bid protest cases with industry-wide implications. He explains the key takeaways from the Preventing Organizational Conflict of Interest Federal Acquisition Act, which President Biden recently signed into law, and outlines what government contractors should be aware of in Ekagra Partners, LLC v. United States and Spatial Front, Inc. Listen to the episode below.When clients face high stakes matters, complex internal investigations, and strategic transactions, they turn to David Robbins, the co-chair of Jenner & Block’s Government Contr...2023-01-1906 minThe Government Contracts Legal Round-UpThe Government Contracts Legal Round-Up | Episode 30In the December 2022 episode of the Government Contracts Legal Round-Up, Partner David Robbins walks listeners through the FAR Council’s proposed rule, which would require federal contractors to publicly disclose greenhouse gas (GHG) emissions and climate-related financial risk, and set reduction targets. He explains the key components and likely implications of the proposed rule, and the contractors to which the rule would apply.2022-12-1505 minThe Government Contracts Legal Round-UpThe Government Contracts Legal Round-Up | Episode 29Partner David Robbins discusses two final rules released by the Department of Defense that amend the DFARS requirements related to contract cost and pricing. He outlines the new obligation contractors should be aware of under the first rule and the potential to see an increase in the use of cost-reimbursement contracts under the second. Mr. Robbins also explains key takeaways of recent protest cases. 2022-11-2206 minThe Government Contracts Legal Round-UpThe Government Contracts Legal Round-Up | Episode 28Partner David Robbins discusses The Boeing Company v. the United States in Episode 28 of the Government Contracts Legal Round-Up. The litigation could decide the fate of the controversial FAR cost accounting rule and clarify the jurisdictional rules that apply when contractors challenge the validity of FAR provisions and other procurement regulations. Mr. Robbins also shares key takeaways from two important bid protest decisions: Async-Nu Microsystems, Inc., B-419614.5, B-419614.6 and ASRC Federal Data Network Technologies, B-419519.4.2022-10-2409 min
The Government Contracts Legal Round-UpThe Government Contracts Legal Round-Up | Episode 27Episode 27 of the Government Contracts Legal Round-Up features an unusual FOIA request related to the Department of Labor’s Office of Federal Contract Compliance Program and two notable bid protest and claims cases: G4S Secure Integration LLC, et al., v. United States and The Tolliver Group, Inc. v. United States. Partner David Robbins outlines the issues raised in these cases and key takeaways for contractors seeking to protect information in their EEO-1 Type 2 reports.2022-09-0907 min
The Government Contracts Legal Round-UpThe Government Contracts Legal Round-Up | Episode 26In Episode 26 of the Government Contracts Legal Round-Up, Partner David B. Robbins leverages his experience as a former acting Suspending and Debarring Official for the US Air Force to provide insights into Senators Warren and Lujan’s recent request regarding the Department of Justice’s use of its debarment authority. He also explains the implications of the latest of a dense line of decisions interpreting FOIA Exemption 4, and significant bid protest and claims cases.2022-08-2308 minThe Government Contracts Legal Round-UpThe Government Contracts Legal Round-Up | Episode 25In the latest episode of the Government Contracts Legal Round-Up, Partner David B. Robbins discusses two US Supreme Court cases that government contractors should be aware of. Mr. Robbins also outlines key takeaways for recent claims and bid protest cases related to defenses contracting, software licensing disputes, procurements that require performance in foreign countries, and cybersecurity requirements.2022-07-1810 minThe Government Contracts Legal Round-UpThe Government Contracts Legal Round-Up | Episode 24In the latest episode of the Government Contracts Legal Round-Up, Partner David B. Robbins discusses three bid protest cases: IAP Worldwide Services, Inc. v. United States, AT&T Mobility LLC, and Sehlke Consulting, LLC. Mr. Robbins outlines key takeaways for each case, noting that the IAP Worldwide Services matter may prove to be among the most significant Court of Federal Claims bid protest opinions of 2022.2022-06-1307 min
The Government Contracts Legal Round-UpThe Government Contracts Legal Round-Up | Episode 23In the latest episode of the Government Contracts Legal Round-Up, Partner David Robbins, co-chair of Jenner & Block’s Government Contracts Practice, discusses important developments facing government contractors and grant recipients. During the discussion, David explains the Department of Defense’s final rule regarding commercial item determinations and a proposed FAR amendment regarding greenhouse gas emissions.2022-05-1707 minThe Government Contracts Legal Round-UpThe Government Contracts Legal Round-Up | Episode 22In the latest episode of the Government Contracts Legal Round-Up, Partner David Robbins, co-chair of Jenner & Block’s Government Contracts Practice, discusses the Office of Federal Contract Compliance Programs’ new Contractor Portal, where contractors and subcontractors must register and certify their compliance with Affirmative Action Program requirements. He also explains the implications GSA’s recently published Acquisition Letter, AL MV-22-02: Temporary Moratorium on EPA Clauses, and the government’s decision to stop using Dun & Bradstreet’s Data Universal Numbering System (DUNS) to identify government contractors.2022-04-2205 min
The Government Contracts Legal Round-UpThe Government Contract Legal Round-Up | Episode 21 In the latest episode of the Government Contracts Legal Round-Up, Partner David Robbins, co-chair of Jenner & Block’s Government Contracts Practice, introduces Special Counsel Nathan Castellano, who joined the firm in late February. They discuss Nathan’s background, frequent authorship, and important developments facing government contractors and grant recipients. Mr. Robbins and Mr. Castellano also bring the audience up to speed on recent rulings in claims, bid protests, and developments in False Claims Acts. 2022-03-1813 minThe Government Contracts Legal Round-UpThe Government Contracts Legal Round-Up | Episode 20Partner David Robbins, co-chair of Jenner & Block’s Government Contracts Practice, discusses the important developments facing government contractors and grant recipients in the latest episode of the Government Contracts Legal Round-Up. During the episode, Mr. Robbins brings the audience up to speed on recent rulings on vaccine mandates, recent bid protests, and an important False Claims Act decision, US ex rel Sheldon v. Allergan Sales LLC. 2022-02-1605 minThe Government Contracts Legal Round-UpThe Government Contracts Legal Round-Up | Episode 17Host David B. Robbins discusses the latest rule changes and regularly announcements made by the Biden Administration that will impact government contractors and grant recipients. Among those announcements are the deadline extension for government contractors to comply with the COVID-19 vaccine mandate, the US Department of Defense’s Cybersecurity Maturity Model Certification 2.0, and several important changes to the Department of Justice’s Corporate Criminal Enforcement Policies and Practices.2021-11-1206 minThe Government Contracts Legal Round-UpThe Government Contracts Legal Round-Up | Episode 16 Associate Michelle Onibokun joins host David R. Robbins for a conversation about President Biden’s broad mandate for certain government contractors to be vaccinated against COVID-19 and the FAR class deviations to implement those requirements. Mr. Robbins and Ms. Onibokun also discussed the latest bid protest cases contractors should be aware of and the US Department of Justice’s Civil Cyber-Fraud initiative.2021-10-2210 minThe Government Contracts Legal Round-UpThe Government Contracts Legal Round-Up | Episode 15In this episode, host David B. Robbins focuses on the latest regulatory developments and rules facing government contractors, including the new Executive Order on COVID-19 vaccinations. Mr. Robbins also provides a summary of recent bid protest cases and an update on proposed False Claims Act legislation.2021-09-1009 minThe Government Contracts Legal Round-UpThe Government Contracts Legal Round-Up | Episode 14 In this episode, host David B. Robbins welcomes Associate Michelle A. Onibokun, who recently joined the firm and its Government Contracts Practice. They discuss regulatory developments and rules that have been affected by the COVID-19 pandemic, as well as recent bid protest and claims cases.2021-08-1309 minThe Government Contracts Legal Round-UpThe Government Contracts Legal Round-Up | Episode 13In this episode, host David B. Robbins welcomes Partner Jeri K. Somers, the former Chief Judge of the Civilian Board of Contract Appeals, who recently joined the firm and its Government Contracts Practice. They discuss Judge Somers’ perspective on what practitioners can do better before the boards of contract appeals.2021-07-0911 minThe Government Contracts Legal Round-UpThe Government Contracts Legal Round-Up | Episode 12 In this episode, host David B. Robbins welcomes Associate Moshe Broder, as they discuss recent GAO bid protest decisions and proposed rules that impact federal government contractors and award recipients.2021-06-1411 minThe Government Contracts Legal Round-UpThe Government Contracts Legal Round-Up | Episode 11 In this episode, Partner David B. Robbins focuses on the minimum wage increase for federal government contractors, as well as recent bid protest and claims decisions.2021-05-1408 minThe Government Contracts Legal Round-UpThe Government Contracts Legal Round-Up | Episode 10 In this episode, Partner David B. Robbins discusses recent bid protest and claims decisions affecting government contractors and grant recipients.2021-04-1306 minThe Government Contracts Legal Round-UpThe Government Contracts Legal Round-Up | Episode 9 Host David B. Robbins welcomes Partner Cynthia J. Robertson; they discuss a new executive order on America’s supply chains, bid protest and claims decisions, and False Claims Act priorities affecting government contractors.2021-03-1209 minThe Government Contracts Legal Round-UpThe Government Contracts Legal Round-Up | Episode 8 Partner David B. Robbins discusses recent developments affecting government contractors following the numerous executive actions signed after President Biden took office. The host also provides updates on recent bid protests, Board decisions, FAR cases, and DOJ’s False Claims Act statistics.2021-02-1209 minThe Government Contracts Legal Round-UpThe Government Contracts Legal Round-Up | Episode 7Partners David B. Robbins and Marc Van Allen analyze recent GAO bid protest reports for fiscal year 2020. They also examine a Federal Circuit appeals decision involving data rights, as well as provide updates on Section 3610 reimbursement claims and False Claims Act decisions.2021-01-1509 minThe Government Contracts Legal Round-UpThe Government Contracts Legal Round-Up | Episode 6 Partners David B. Robbins and Marc Van Allen discuss recent developments facing government contractors and the changes to expect in the new year in this episode. They also examine proposed rule changes with the Department of Defense and Small Business Administration, as well as bid protest and ASBCA updates. 2020-12-1606 minThe Government Contracts Legal Round-UpThe Government Contracts Legal Round-Up | Episode 5 In this episode, Partners David B. Robbins and Matthew L. Haws examine the consolidation of SBA mentor-protégé programs. They also discuss recent intellectual property developments with the validation of proprietary and technical data, bid protest updates, and a recent Federal Circuit reversal. 2020-11-2008 minThe Government Contracts Legal Round-UpThe Government Contracts Legal Round-Up | Episode 4In this episode, Partners Marc A. Van Allen and David B. Robbins examine the new, and controversial, “Divisive Concepts” executive order prohibiting workplace training materials “teaching that men and members of certain races, as well as our most vulnerable institutions, are inherently sexist and racist.” The hosts also discuss recent case law updates and defective pricing trends.2020-10-2307 minThe Government Contracts Legal Round-UpThe Government Contracts Legal Round-Up | Episode 2 In this episode, Partners David B. Robbins and Marc A. Van Allen examine a recent US Government Accountability Office (GAO) report. They cover topics with potentially far-reaching impacts for government contractors, including small business subcontracting plans and an interim rule on certain Chinese telecommunication companies. The hosts also welcome Special Counsel Noah B. Bleicher to discuss recent decisions exploring the GAO’s bid protest jurisdiction.2020-07-2911 min
Life Liberty and the Pursuit PodcastLLP Podcast EP 11 - Sports in PoliticsMike and Robert discuss if politics and sports mix. We talk about ESPN, Bruce/Caitlyn Jenner, Olympians like Ibtihaj Muhammad, the Final Five, Brianna Rollins, David Boudia, and the Olympian with our favorite name of all time, Steele Johnson. Send us your comments!2016-12-2039 min