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Fisher v. Halliburton: Fifth Circuit invokes common sense to defend Defense Base Act

Sheppard Mullin Richter & Hampton LLP
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USA
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February 13 2012

In March 2010, a federal district court in Texas ruled that the deaths and injuries sustained by a group of civilian convoy drivers in Iraq during insurgent attacks were not “accidents” caused by conditions of their employment and were, therefore, outside the scope of the protections afforded to contractors by the Defense Base Act (“DBA”). 42 U.S.C. 1651, et seq. Fisher v. Halliburton, 703 F. Supp. 2d. 639 (S.D. Tex. 2010

10 social media must haves for your company's far-mandated compliance program

Sheppard Mullin Richter & Hampton LLP
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USA
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July 15 2011

As we discussed here last November, the United States Navy, the other military services, and the Department of Defense, have all recognized that their personnel are using social media and have responded by establishing detailed social media policies

Missouri Supreme Court decision provides reminder of breadth of prevailing wage requirements on construction contracts

Sheppard Mullin Richter & Hampton LLP
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USA
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March 16 2011

On March 1, 2011, the Supreme Court of Missouri issued a unanimous opinion holding that a contractor's "care and maintenance" of the water storage tank and tower for the city of Monroe City, Missouri, was "construction" and thereby covered under the Missouri Prevailing Wage Act, Mo. Rev. Stat. 290.210, et seq. (the “Act”

OFCCP investigations likely to rise

Sheppard Mullin Richter & Hampton LLP
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USA
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January 18 2011

Two recent policy changes announced by the US Department of Labor's Office of Federal Contract Compliance Programs ("OFCCP") likely will lead to a significantly greater number of and increased scope for investigations conducted by that Office into allegations of discrimination and pay disparity against Government contractors

Department of Labor attempts to extend the "Christian Doctrine" to subcontracts

Sheppard Mullin Richter & Hampton LLP
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USA
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August 17 2010

It has long been questioned whether the "Christian Doctrine," pursuant to which mandatory contract clauses reflecting core procurement policy are incorporated into government prime contracts by operation of law, can be used to incorporate such clauses into subcontracts

New NLRA posting requirements

Sheppard Mullin Richter & Hampton LLP
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USA
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June 18 2010

Effective June 21, 2010, federal contractors and subcontractors are required to post a new DOL notice informing employees of their rights as employees under the National Labor Relations Act

United States District Court for the Southern District of Texas deprives battlefield contractors of the protections of the Defense Base Act

Sheppard Mullin Richter & Hampton LLP
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USA
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June 14 2010

A recent decision by the United States District Court for the Southern District of Texas may have caused grave damage to protections long available to overseas government contractors and their employees under the Defense Base Act (“DBA”), 42 U.S.C. 1651 et seq

The Supreme Court signals it will resolve FCA original source and Rule 9(b) issues

Sheppard Mullin Richter & Hampton LLP
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USA
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March 19 2010

Where is the line between a legitimate False Claims Act whistleblower and an opportunistic parasite?

The "Franken Amendment": a blow to arbitration and increased litigation and compliance for government contractors

Sheppard Mullin Richter & Hampton LLP
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USA
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December 8 2009

In October, the United States Senate, by a 68-30 vote, approved an amendment to the Department of Defense ("DoD") appropriations bill for fiscal year 2010 which prohibits the use of appropriated funds, if such funds are to be paid to any contractor or subcontractor, at any tier, which requires its employees or independent contractors to resolve certain claims through arbitration

President Obama's Executive Orders dramatically shift labor policy; impact federal contractors

Sheppard Mullin Richter & Hampton LLP
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USA
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March 19 2009

In his first month of office, President Obama issued three significant Executive Orders affecting employees of government contractors