Ep 1.04: How You Can Respond to Defense Production Act Orders

In this episode of Bona Fide Needs, Arnold & Porter Partner Mike McGill and PubKGroup Managing Editor Bill Olver cover a broad range of recent legal developments affecting government contractors.

Our feature this month is Mike’s in-depth discussion with Arnold & Porter partner Chuck Blanchard, who previously served as general counsel of the Air Force and earlier the Army. Mike and Chuck discuss a range of topics, including the Defense Production Act, Other Transaction Authority, and Foreign Military Sales.

The episode starts with Mike highlighting several key regulatory and policy developments that you may have missed over the summer, including the Department of Labor’s proposed rule on non-displacement of service employees, the Office of Personnel Management’s proposal to update “ban the box” rules for federal employees and the implications for the upcoming rules applicable to federal contractors, the Department of Defense’s guidance to contracting officers related to assessing and enforcing contractor cybersecurity compliance, and the Department of Defense’s guidance on economic price adjustments to combat inflation.

Next, Bill flags several notable PubK headlines, most involving recent significant developments involving the False Claims Act. Bill provides an overview of the Supreme Court’s consideration of cases involving the Rule 9(b) particularity standard and DOJ’s authority to dismiss qui tam complaints, as well as other cases involving causation and the Anti-Kickback Statute. This month’s headlines also touch on GAO case decisions and two court decisions that impacted regulatory issues, including the Chevron deference.

© Arnold & Porter Kaye Scholer LLP 2022 All Rights Reserved. This Podcast is intended to be a general summary of the law and does not constitute legal advice. You should consult with counsel to determine applicable legal requirements in a specific fact situation.