Gravel2Gavel Construction & Real Estate Law Blog
In FERC Enters the Trump Era, The agency announces staff-led Technical Conference as Trump administration expected to name new Commissioners, my colleagues Jeff Merrifield, Sheila McCafferty Harvey, Jeff Delaney and I discuss the Federal Energy Regulatory Commission’s much-anticipated announcement that occurred on March 3 regarding its upcoming staff-led technical conference on wholesale energy and capacity markets.
Articles Posted in Construction Generally
DOJ’s Great Expectations For Companies’ Compliance Programs
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In Great Expectations, DOJ holds anti-corruption compliance programs to a high standard in evaluating their credibility, our colleagues Bill Sullivan, Nancy Fischer and Aaron Hutman discuss the U.S. Department of Justice’s (DOJ) February 8 release of a list of important topics and sample questions that the Criminal Division’s Fraud Section has frequently found relevant in evaluating the adequacy of a corporate compliance program. The new guidance is intended to assist ethics and compliance officers in crafting effective corporate compliance policies and procedures, and signals how DOJ’s new compliance expert, Hui Chen, is expected to assess a company’s compliance program.
POTUS Executive Order “Enforcing the Regulatory Reform Agenda”
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Referencing Executive Orders issued by past administrations, on February 24, 2017, President Trump issued a new 
Executive Order: “Enforcing the Regulatory Reform Agenda.” The Executive Order establishes new procedures and timelines by which most federal administrative agencies must conduct their regulatory planning and review.
Employers Beware of W-2 Phishing Scams
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In Phishing for W-2s: IRS Warns of Expanding Cyber Scam, Pillsbury attorneys Catherine Meyer and Kate Nyce caution
all employers to be aware of and protect against cybercriminals scamming employers into turning over their employees’ W-2s.
Photo: Blogtrepreneur, Data Breach – Creative Commons
GAO Clarifies Whether An Agency Is Required To Or May Credit An Offeror For Its Subcontractor’s Past Performance
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In its recent Atlantic Systems decision, the Government Accountability Office clarified whether an agency is required or simply has discretion to credit past performance references submitted on behalf of an offeror’s proposed subcontractor. The answer: it depends on the type of procurement. For more information, read our Taking Credit for Subcontractor Past Performance GAO clarifies when an agency may decline to evaluate a proposed subcontractor’s past performance references.
Additional Source: Matter of Atlantic Systems Group, Inc., File B-413901; B-413901.2, Decision (Jan. 9, 2017)
“Buy American, Hire American,” What May Be On The Horizon
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In “Buy American, Hire American”—From Rhetoric to Regulation, our colleagues Glenn Sweatt, Nancy Fischer, Steve Becker and Matthew Rabinowitz discuss what may be on the horizon for among others, U.S. Government contracts, under the Buy American Act, and other similar protectionist regulations. These laws and regulations require U.S. Government contractors to exclusively use, or give a preference to, U.S. suppliers. Recent statements and Presidential Memorandum from the Trump Administration provide a hint that changes in regulations, exemptions and enforcement may be on the horizon, which will certainly impact U.S. Government construction contracts.
UK Government White Paper Sets Out Principles and Objectives For Exiting the EU
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In White Paper Sets Out UK Government’s Brexit Strategy, Pillsbury partners Tim Wright and Sam Pearse discuss the United Kingdom Government’s recent publication of a White Paper titled The United Kingdom’s exit from and new partnership with the European Union that sets out its Principles and Objectives for exiting the EU. Though the White Paper is silent on construction industry generally, even this sector will likely be impacted in a number of ways including through controls on migrant workers as well as new customs arrangements and tariffs – assuming a hard Brexit. Public Procurement laws in the UK are also likely to change; environmental and health and safety laws may also change once the UK leaves the EU.
What to expect in the UK in the company year from recent employment law developments
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In Review of UK Employment Law: Key Issues to Monitor in 2017, Pillsbury attorneys discusses a number of
developments in 2016 that will have a significant impact on United Kingdom employment law and looks at what employers in the UK may expect in the coming year.
Photo: Moyan Brenn, UK umbrella in London, Piccadilly Circus, Taken Oct. 12, 2014 – Creative Commons
UK Parliamentary Joint Committee Investigating Ability To Protect Against Human Rights Abuses
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Today, Pillsbury partner Tim Wright published his client alert encouraging retailers to be vigilant in preventing human rights abuses in their supply chains whilst complying with their legal obligations. Tim’s alert is in response to the UK’s Parliamentary Joint Committee on Human Rights investigating human rights and businesses to determine whether retailers can ensure that human rights abuses do not occur in their supply chains and is particularly concerned about the use of child labour. Although the joint select committee heard from witnesses from the fashion industry, their work does have a wider remit. The Alert is titled Human Rights and Global Supply Chains.
Congress Initiates Rollbacks of Regulations Promulgated Under Obama Administration
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Today, my colleague Sheila McCafferty Harvey and I published our client alert discussing the House Rules Committee meetings this week during which the committee discussed resolutions for
overturning regulations passed under the Obama Administration. The roll-back efforts could include key energy and environmental regulations, including the Bureau of Land Management’s new methane restrictions related to the oil and
gas industry, the Security and Exchange Commission’s requirement for reporting payments to foreign governments, the Department of Interior’s Stream Protection Rule requiring coal companies to restore mining lands back to their original state, and the Department of Energy’s efficiency requirements, among others. Congress may seek to overturn hundreds of agency rules recently promulgated under the Obama Administration. These efforts are being given a high priority. The Alert is titled Congress Begins Congressional Review Act Rollbacks of Energy & Environmental Regulations This Week.