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
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  • D.C.
  • Delaware
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Number of Attorneys
400+ Attorneys

The Need for Speed: DoD’s “Software Fast Track” Targets Bureaucracy at Mach 2

The Department of Defense (DoD) is revving its engines again—this time to rocket past its own software acquisition drag. Launched via an April 24 memo from Acting DoD CIO Katie Arrington, the DoD’s Software Fast Track (SWFT)…more
 /  Administrative Law, Government Contracting, Mergers & Acquisitions, Science, Computers, & Technology

Through the Looking Glass: Shifting DEI Standards Expose Contractors to False Claims Act Risk

There is a growing sense of confusion and unease among many federal contractors and grant recipients in these early days of the second Trump administration. In a time when some agencies face dislocation and downsizing (or, as…more
 /  Administrative Law, Civil Rights, Government Contracting, Labor & Employment Law

Check Your Process or Pay Your Fine: Recent 6-Figure Fines from the California Privacy Protection Agency

The California Privacy Protection Agency (CPPA) recently fined clothing retailer Todd Snyder almost $350,000 for two types of consumer privacy errors. Due to technical errors during a 40-day period, it was impossible for Todd…more
 /  Administrative Law, Consumer Protection, Privacy

Hold My Beer: The Trump Administration’s Bold Plan to Rewrite the FAR

On April 15, 2025, President Trump issued a sweeping executive order (EO), “Restoring Common Sense to Federal Procurement.” As reflected in its accompanying Fact Sheet, the EO promises to rewrite the Federal Acquisition…more
 /  Administrative Law, Commercial Law & Contracts, Government Contracting

The “Prestige”: DoD Unveils NIST SP 800-171 Revision 3, Organizationally Defined Parameters

On April 15, 2025, the Department of Defense (DoD) released official guidance on Organizationally Defined Parameters (ODPs) appearing in the newly published NIST SP 800-171 Revision 3. At the same time, the DoD reaffirmed that…more
 /  Government Contracting, Military Law, Science, Computers, & Technology

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
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