McCarter & English Blog: Government Contracts & Export Controls

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Firm Profile: McCarter & English, LLP
Four Gateway Center
100 Mulberry St.
Newark, NJ 07102, United States
Phone: 973.622.4444
Fax: 973.624.7070
Areas Of Practice
  • Government
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Other U.S. Locations
  • Connecticut
  • D.C.
  • Delaware
  • Massachusetts
  • New Jersey
  • New York
  • Pennsylvania
Number of Attorneys
400+ Attorneys

The US Antitrust Agencies Join Forces to Cut the Red Tape

The Department of Justice (DOJ) recently announced a task force designed to eliminate anticompetitive state and federal laws and regulations that “undermine free market competition and harm consumers, workers, and businesses.”…more
 /  Administrative Law, Antitrust & Trade Regulation, Energy & Utilities

In the Wake of High-Profile Terminations of Grants and Cooperative Agreements, Courts Begin to Weigh In

Over the past few months, the second Trump administration has taken quick actions to suspend and terminate federal awards predating the transition of power. Many of these actions have resulted in the termination of “federal…more
 /  Administrative Law, Education Law, Nonprofit Law

Executive Order Aims to Consolidate Procurement of Broadly Defined ‘Common Goods and Services’, All IT GWACs, under GSA

Another day, another executive order (EO) that will transform federal procurement as we know it. A March 20, 2025 EO entitled “Eliminating Waste and Saving Taxpayer Dollars by Consolidating Procurement” and its accompanying fact…more
 /  Administrative Law, Government Contracting, Science, Computers, & Technology

A Contractor’s Guide to Successfully Navigating Non-Payment, Suspensions/Stop-Work Orders, Terminations for Convenience, Tariff-Related Impacts, and Other Issues Arising from Recent Executive Orders and DOGE Initiatives

Well, it is certainly an interesting time to be a federal government contractor. In the last few weeks, we have seen Executive Orders (EOs) flying fast and furious, and a lot of other activity impacting federal government…more
 /  Administrative Law, Commercial Law & Contracts, Government Contracting

Tariffs, Leprechauns, and Contract Gold: Navigating the Hidden Costs of Trade Policies

As St. Patrick’s Day approaches, many of us are on the lookout for four-leaf clovers, a pot of gold, or perhaps even a mischievous leprechaun guarding his treasure. But in the world of government contracting, the real tricksters…more
 /  Antitrust & Trade Regulation, Commercial Law & Contracts, Government Contracting

Pay Me What You Owe Me, Don’t Act Like You Forgot!

As much we all love Rihanna, it’s a real shame how many contractors have called me in the last few days with issues that remind me of her well-known “Pay Me What You Owe Me” lyrics. They’re brought to mind because contractors…more
 /  Civil Remedies, Commercial Law & Contracts, Government Contracting

Whisper Through the Screams: DOJ Commits to False Claims Act Enforcement in 2025

Amid the chaos of the past few weeks—sweeping executive orders, relentless cost-cutting, and an air of uncertainty that lingers like smoke after a fire—federal contractors have been left reeling, straining to hear what comes…more
 /  Civil Remedies, Commercial Law & Contracts, Government Contracting

New EO Demands Agencies Conduct Review of All Covered Contracts and Grants, Terminate or Modify To Reduce Spending, and Set Up System To Track and Justify All Future Payments

On February 26, 2025, the White House issued another Executive Order (EO) that will have major implications for Federal government contractors across numerous industries and agencies. The new EO, entitled Implementing the…more
 /  Administrative Law, Commercial Law & Contracts, Government Contracting

DEI, Discrimination, Affirmative Action and More: How the Recent Executive Order Impacts Private Employers

Amid a flurry of executive orders starting his second administration, President Donald Trump issued an order entitled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (the “Order”) on January 21, 2025. The…more
 /  Civil Rights, Government Contracting, Labor & Employment Law

They Did It. They Really Did It! The Arrival of the FAR CUI Proposed Rule

After years of anticipation, the Federal Acquisition Regulation (FAR) Council has announced the arrival of its proposed rule to enhance the safeguarding of Controlled Unclassified Information (CUI) in federal contracts (the…more
 /  Commercial Law & Contracts, Government Contracting, Science, Computers, & Technology

What Happens When Uncle Sam Doesn’t Understand SAM? The Case of the Lucky Protester . . .

On January 8, 2025, in UNICA-BPA JV, LLC, the U.S. Government Accountability Office (GAO) sustained a protester’s challenge to its elimination from the competition for failing to have an active System for Award Management (SAM)…more
 /  Administrative Law, Commercial Law & Contracts, Government Contracting

Antitrust Corporate Compliance Programs: Late 2024 Changes Mean Companies Should Revisit Their Programs Early in 2025

The US Department of Justice Antitrust Division (DOJ or Division) recently released a revised Evaluation of Corporate Compliance Programs in Criminal Antitrust Investigations (Guidance). The Guidance reflects how the Division…more
 /  Antitrust & Trade Regulation, Business Torts, Commercial Law & Contracts, Government Contracting, Health

OMB Issues Guidance to Agencies on Responsible Artificial Intelligence Acquisitions

Contractors interested in offering federal agencies artificial intelligence (AI) can now glean insight into how agencies are expected to conduct AI acquisitions. On September 24, 2024, the Office of Management and Budget (OMB)…more
 /  Commercial Law & Contracts, Government Contracting, Intellectual Property, Mergers & Acquisitions, Science, Computers, & Technology

Wisconsin Bell: Testing the Elasticity of False Claims Act’s Scope

Just how broad is the scope of the False Claims Act (FCA)? That is the basic question posed in Wisconsin Bell, Inc. v. U.S. ex rel. Heath, No. 23-1127. Put more directly, the case addresses whether reimbursement requests under…more
 /  Administrative Law, Communications & Media Law, Finance & Banking, Government Contracting

A Standard on Many Levels: A Look at CMMC 2.0 in Final

Over the course of the past few years, gallons of ink have been spilled addressing the seemingly ever-pending US Department of Defense’s (DoD) Cybersecurity Maturity Model Certification (CMMC) Program. After keeping us waiting…more
 /  Administrative Law, Government Contracting, Science, Computers, & Technology
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