Published by the Law Offices of Fluet Huber + Hoang

Monthly: November 2011

Daily Dump: 30 Nov 2011

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By on Nov 30th, 2011

During the holiday season, it seems even the U.S. Labor Department has turkey on the mind . . . this, plus other stories in today’s Daily Dump:

– Government contracts may become available as U.S. Labor Department officials are looking to cancel Cargill, Inc.‘s current government contracts based on alleged discriminatory practices in their hiring procedures at one of their turkey processing plants.  [Business Week].

– This article takes a closer look at the Obama administration’s QuickPay program, and whether it truly cuts down the payment schedule of small business invoices in half.  [New York Times].

– Boston-area contractors may want to monitor the situation as the Massachusetts Bay Transportation Authority is reviewing one of the largest state government contracts, the operation of the T commuter rail, set to expire in June, 2013.  [Boston Globe].

Export Expert: An Export Compliance Hypothetical

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By on Nov 29th, 2011

Export Expert: Because Knowing is Half the Battle

As a growing government or defense contractor, you may have found yourself in one of the situations that follow. If any of the foregoing sounds familiar, you might just be in export compliance land:

– You, a U.S. citizen, are a former member of the U.S. military, and a good buddy of yours (a member of a foreign military) approaches you with an opportunity to supply goods and services to a foreign company, foreign military, or other foreign organization;

– You work (or used to work) for a U.S. defense contractor, and you have been approached with an opportunity to supply goods and services to a foreign company, military, or other organization;

– You own or work for a U.S. company, and you want to sell goods and services overseas; or

– You own or work for a U.S. company, and you want to email the specs and drawings of a new piece of technology, software code, or encryption algorithm you received from your foreign buddy to your new impressive, hotshot engineer, who just happens to be from a foreign country.

Sound familiar? If it does, you almost certainly have an export compliance issue on your hands.

Read more →

Docket Watch: 29 Nov 2011

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By on Nov 29th, 2011

 

Welcome Back GrowCon enthusiasts! With a belly-full of holiday cheer, let’s turn our attention back to what’s been happening in dockets around the country…

Too small to fail… A recent decision of the Government Accountability Office (GAO) found that, while eTouch Federal Systems, LLC self-certified as a small business, they were—in fact— anything “other than small.” Lesson learned from the IRS? Better make sure that if you self-certify you’re “self-assured.” [Government Contracts Connection]

With regulatory takings, 18% loss is not enough… Economic impact of loss of 18 percent, through restriction on prepayment effectuated by low-income housing preservation statutes, which results in limitations on property owner’s use of its land due to required continued participation in Department of Housing and Urban Development (HUD) program, was not substantial enough to constitute a regulatory taking; even though owner lost over $700,000 of net income, economic impact had to be more than “mere diminution” held the United States Court of Appeals for the Federal Circuit. CCA Associates v. United States, 2010-5100, 2011 WL 5838974 (Fed. Cir. Nov. 21, 2011). [Justia]

Changing the rules of the FCPA… the U.S. Chamber of Commerce’s efforts to amend the 1977 law are not doing enough for business. Want proof? You should be asking for “guidance.”  That’s because the definition of terms like “bribery” and “corruption” seem to be creating more confusion than protection. [Wall Street Journal]

A useful tool… The James Mintz Group has created a new database called “Where The Bribes Are” to track the penalties in U.S. government Foreign Corrupt Practices Act since 1977.  The database is provides an interactive international map where each country is shaded respective to the amount of penalties assessed for FCPA violations. It completely searchable and a terrific find. [The James Mintz Group]

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