Legal Challenges to the Corporate Transparency Act: What Businesses Need to Know
January 16, 2025
In this episode, Wiley attorneys Vesna Harasic-Yaksic and Ira Mirsky dive into the latest developments with litigation over the Corporate Transparency Act (CTA) and potential roads ahead. They also explore its origins, implications for businesses, and complexities of compliance. They discuss reporting requirements, exemptions, and how small businesses, in particular, are impacted.
Federal Construction Contracts: Lessons from the Framaco Case
November 21, 2024
In this episode of Wiley's Government Contracts podcast, Cara Sizemore breaks down recurring issues in construction contracting, such as delays, change requests, and conflicting specifications, through the lens of recent appeals. Cara shares best practices for contractors, including compliance with notice obligations and how clear documentation can prevent costly litigation.
Navigating Bid Protest Choices at GAO and COFC
October 21, 2024
In this episode of Wiley's Government Contracts podcast, Ryan Frazee highlights key factors in choosing between the U.S. Government Accountability Office (GAO) and the U.S. Court of Federal Claims (COFC) when filing bid protests. Topics include differences in timing, the automatic stay at GAO, and the broader record available at the COFC, as well as diverging case law on issues like late proposal submissions, key personnel changes, and the handling of mandatory discussions in defense procurements over $100 million. This discussion is an essential listen for government contractors and legal professionals who navigate these critical decisions.
Navigating Compliance in Government Contracts: Insights from SEC and DOJ Perspectives
October 10, 2024
In this episode of Wiley's Government Contracts Podcast, Kevin Muhlendorf, a partner in Wiley’s White Collar and Government Investigations practice, discusses the critical intersection of compliance in government contracting and the evolving roles of the SEC and DOJ. Kevin emphasizes the importance of internal compliance programs, the impact of whistleblower initiatives, and the nuances of recent regulatory developments. Listeners will gain a deeper understanding of the need for rigorous data management and transparent communication within their organizations to mitigate risks associated with potential accounting issues, cyber breaches, and evolving ESG standards.
Navigating Government Contracts: Diana Shaw on Oversight and Whistleblower Protections
September 20, 2024
In this episode, Diana Shaw, a partner in Wiley's White Collar and Government Investigations practice, who shares insights from her experience as a former Acting Inspector General for the U.S. Department of State. Diana also highlights recent U.S. Securities and Exchange Commission (SEC) enforcement actions related to non-disclosure terms of subcontract and supplier agreements. And Diana previews an upcoming Inspector General panel that will address oversight trends and contractor engagement strategies.
IG Panel Information: app.smartsheetgov.com/b/form/2c288dd…b9bc3c57198064
AI Risks for Government Contractors: Navigating Disputes and Litigation
June 13, 2024
On this episode of Wiley’s Government Contracts podcast, Nick Peterson joins host Craig Smith to discuss the challenges and risks that come with the use of artificial intelligence (AI) tools by government contractors and customers in today’s constantly changing landscape. Listen to hear about how these tools will impact investigations and disputes, including the key issues surrounding preservation and documentation and AI policies governing these tools.
Cybersecurity Insights: Updates on CMMC Implementation and CUI Identification
April 2, 2024
In this episode, Wiley partners Gary Ward, Tracye Howard, and Craig Smith examine the ongoing developments related to implementation of the Cybersecurity Maturity Model Certification (CMMC) program. They discuss the current progress, the anticipated timeline, and the potential impact of a change in administration on its finalization. Additionally, the team addresses the concept of Controlled Unclassified Information (CUI) and outlines best practices for contractors handling CUI.
AI in 2024: What Comes Next?
January 25, 2024
In this episode, partners Duane Pozza, Kat Scott, Joan Stewart, and Craig Smith discuss the main questions facing artificial intelligence (AI) as we move into the new year. They analyze topics such as defining the scope of AI, identifying existing and emerging laws that may regulate AI, maximizing the benefits of AI within an organization, and AI risk management best practices. Finally, they discuss what to expect from federal legislation in the United States and the progress made on the European Union (EU) AI Act that is expected to be finalized early this year.
TikTok off the Clock: Navigating the TikTok Ban on Devices for Government Contractors
August 16, 2023
Much like high school teachers across the country, Congress and the Executive Branch have been expressing security concerns about TikTok and its parent company, ByteDance, a Chinese software firm. These concerns led to the No TikTok on Government Devices Act, which prohibits any government contractor from using the app on devices used to perform government contracts. Listen as Government Contracts partners Craig Smith and Tracye Howard, as well as associate Jennifer Retener, break down the interim rule and its effect on contractors, including on both the federal and state level.
OASIS+ on the Horizon: Discussing the Ins and Outs of GSA’s $60 Billion Services Opportunity
July 12, 2023
Craig Smith and John Prairie, partners in Wiley’s Government Contracts practice group, discuss the OASIS+ contract vehicle. GSA estimates that OASIS+ purchases will total $60 billion over its ten-year life, making the opportunity a significant one for professional services contractors. John and Craig discuss the context for this competition, lessons GSA has learned from recent GWAC competitions, what contractors can expect in the coming months, and more.
AI: The Next Big Thing in Government Contracting
June 22, 2023
On this episode of Wiley’s Government Contracts podcast, Privacy, Cyber & Data Governance partners Duane Pozza and Kat Scott join Government Contracts partner Tracye Howard and host Craig Smith to discuss how federal policy on artificial intelligence (AI) is affecting government contracting. Join the conversation on the latest AI trends, government efforts to regulate AI development, and how contractors can mitigate the risks of future regulatory efforts.
Defining Our Vision and Values
April 20, 2023
On this episode, Government Contracts practice chairs Paul Khoury and Scott McCaleb join host Craig Smith to discuss how the practice defines what it does, what it wants to be, and what it believes in. The trio cover why it was important for the practice to outline their values on paper, how it benefits attorney-client relationships, and how they implement it in day-to-day routines.
State Privacy Laws and Federal Government Contractors
March 29, 2023
On this episode of Wiley’s Government Contracts podcast, Privacy, Cyber & Data Governance partners Kat Scott and Joan Stewart join host Craig Smith to discuss the current state of privacy laws being enacted in states around the country—and why federal contractors should be paying attention to them. Join Kat, Joan, and Craig for this informative conversation on complying with ever-changing privacy requirements.
What to Expect in Government Contracts This Year
February 7, 2023
In this episode of Wiley’s Government Contracts Podcast, host Craig Smith is joined by Government Contracts Partner Gary Ward to discuss Gary’s projections of trends we may see in protests, cybersecurity, and more.
Buyer Beware: Key Compliance Considerations for Infrastructure Investment and Jobs Act Projects
July 18, 2022
On this episode, Wiley partners Tracye Howard and Eric W. Leonard break down major components of the Infrastructure Investment and Jobs Act, also known as the Bipartisan Infrastructure Act. Although the Act was passed in 2021, we have just recently begun to see implementation of the first projects. With some projects already underway and others coming to the hands of contractors, Tracye and Eric offer key takeaways that companies should consider when looking at projects funded by the Act, such as the Buy America requirements and forced labor provisions, as well as compliance under the soon to be updated Davis-Bacon guidelines.
Thawing From the Freeze: Significant Developments in Government Contracts from 2021-2022
April 18, 2022
Activity in the government contracts industry has been heating up over the last year as the United States tackles the pressing issues of our rapidly changing world. In this episode, Wiley partners Kara Sacilotto, Tracye Howard, and Craig Smith provide a comprehensive overview of the most significant developments in government contracts from 2021 to today, touching on topics such as the National Defense Authorization Act (NDAA) for Fiscal Year 2022, cybersecurity and other administration initiatives, and takeaways from notable claims and bid protest cases before the federal government.
Part 2: Hiring Individuals from the Government: What Post-Employment Looks Like
April 18, 2022
Listen to Kara Sacilotto, partner in Wiley’s Government Contracts Practice, discuss “Hiring Individuals from the Government: What Post-Employment Looks Like.” This episode provides an overview of key legal, ethical, and practical pitfalls encountered from individuals and some of the unique issues government contractors face when hiring former government employees.
A Discussion with GAO General Counsel Edda Emmanuelli Perez
March 2, 2022
On today’s episode of the Women in Government Contracting podcast, Wiley partners Tracye Howard and Kara Sacilotto are joined by Edda Emmanuelli Perez, General Counsel of the U.S. Government Accountability Office (GAO). Edda, who grew up in Puerto Rico and attended Georgetown Law, has built her career at GAO. Listen as the group discusses the GAO’s broad mission and areas of expertise, how the attorneys at GAO support that mission, the GAO’s role when working for Congress, Edda’s responsibilities as General Counsel, and her time as Managing Director for Opportunity and Inclusiveness at the GAO.
Forging New Paths to Professional Success and Fulfillment
December 3, 2021
On the Inaugural episode of the Women in Government Contracting podcast, Wiley’s Tracye Howard and Kara Sacilotto are joined by Emma Sharma, Founder and Principal of The Swallowtail Group. The trio discusses how to leverage legal training and experience to become an entrepreneur and how personally to navigate the transition. Tracye, Kara and Emma also talk about being a leader, especially being an empathetic leader.
Preparing for Post-Award Debriefings
October 4, 2021
In this episode, John Prairie and Cara Lasley discuss what you need to know about post-award debriefings. Following the end of the fiscal year, companies will likely see an uptick in post-award debriefings. John and Cara discuss all things debriefing: when a debriefing is required, what to expect from a debriefing, and strategies to use to get the most helpful information from a debriefing.
Teeming with Teaming Agreements: Navigating Strategic Alliances in the Federal Marketplace
September 27, 2021
In the always competitive federal marketplace, teaming agreements, joint ventures, subcontracts, and other strategic alliances can not only give participant companies an edge, but also enhance the value delivered to the government. At the same time, these arrangements are not without risk. Wiley partners Dan Hassett and Tara Ward will examine a variety of strategic alliances available to government contractors and their partners; the specific documents, rules, regulations, and case law that guide the selection and structure of such alliances; and practices to protect your company’s rights in the event of a break-up.
This podcast will review:
The various strategic alliances available to government contractors, including small businesses;
Practical considerations related to the key documents involved, including nondisclosure agreements, teaming agreements, joint ventures, and subcontracts;
Trends in the enforceability of teaming agreements; and
How to protect employees and intellectual property even if a team falls apart.
Industry Implications of EO on Improving the Nation’s Cybersecurity
September 27, 2021
President Biden’s recent issuance of the highly anticipated Executive Order on Improving the Nation’s Cybersecurity (EO or Order), in the midst of high-profile cyber-attacks on the Nation, brought new challenges to organizations looking to secure their cyber defenses. In this multipart podcast series, Wiley's Government Contracts, Telecom, Media & Technology (TMT), and Privacy, Cyber & Data Governance attorneys provide a high-level overview of the Order. Megan Brown and Jon Burd provide an overview of the EO, the immediate ramifications for federal contractors, and layout the long-term implications for the private sector, in particular cloud providers, software providers and others in the ICT equipment and services ecosystem.
Part Two: Practical Considerations in Managing the Risk of Employing Former Government Employees
September 27, 2021
Former government personnel have much to offer contractors, but many companies who want to recruit them too often lack a full appreciation for the labyrinth of ethical statutes and regulations which govern their recruitment and activities once hired. In this two part podcast series, Wiley's Government Contracts and Election Law & Government Ethics attorneys provide a high-level overview of practical considerations in managing the risk of recruiting, hiring, and employing former government employees by government contractors. This episode covers the new ethics pledge, getting out but staying in, and section 1045.
Part One: Practical Considerations in Managing the Risk of Employing Former Government Employees
September 27, 2021
Former government personnel have much to offer contractors, but many companies who want to recruit them too often lack a full appreciation for the labyrinth of ethical statutes and regulations which govern their recruitment and activities once hired. In this two part podcast series, Wiley's Government Contracts and Election Law & Government Ethics attorneys provide a high-level overview of practical considerations in managing the risk of recruiting, hiring, and employing former government employees by government contractors. This episode sets the stage for government contractors looking to hire, the ethics counselors point-of-view, and success stories working with these counselors.
Start Preparing Now for the $15 Federal Contractor Minimum Wage
September 27, 2021
In this podcast episode, Government Contracts partners Eric Leonard and Craig Smith cover issues that contractors need to be thinking about ahead of the minimum wage increase to $15 an hour for federal contractors, effective January 30, 2022.
Key Contacts
Craig Smith
202.719.7297 | csmith@wiley.law
Brian Walsh
202.719.7469 | bwalsh@wiley.law