Unlocking Discovery in International Arbitration: Creative Strategies After ZF Automotive
By Robert Cimmino and Aseel Zimmo The Supreme Court’s ZF Automotive decision has thrown a wrench into the gears of international arbitration, significantly limiting access to U.S. discovery under 28 U.S.C.A. § 1782 for private commercial disputes. However, declarations of its demise may be premature. This article argues that ZF Automotive is not an insurmountable […]
The DOT’s Disadvantaged Business Enterprise Program—Is the End Imminent?
By John F. Finnegan III and Thomas C. Dossey Published in the Fall 2025 Issue of Surety Bond Quarterly FOR MORE THAN 40 years, the U.S. Department of Transportation (DOT) has administered its Disadvantaged Business Enterprise (DBE) contracting program, which is designed to satisfy Congress’s mandate that at least 10% of federal highway construction funds […]
Shelly Ewald Elected to National Academy of Construction
We are proud to announce that Senior Partner Shelly Ewald has been elected to the National Academy of Construction (NAC) as part of its Class of 2025. Ewald will be formally inducted at the NAC’s Annual Meeting this October in Colorado Springs, Colorado. Founded in 1999, the National Academy of Construction includes over 500 industry […]
Navigating Federal Government Contracts Under Newly Imposed Tariffs
By Brandon Regan, Partner, and Amanda Z. Sin, Associate (McLean, VA) Introduction The imposition of new tariffs can create significant challenges for federal government contractors. Tariffs on imported goods such as steel, aluminum, and other materials may lead to higher procurement costs and disruption in supply chains. For contractors working under federal contracts, understanding how […]
Court Invalidates Project Labor Agreement Mandate on Federal Construction Projects
By Brandon Wilsey, Associate (McLean, VA) In a decision published on January 21, 2025, the U.S. Court of Federal Claims struck down the Biden administration’s policy requiring Project Labor Agreements (PLAs) on large-scale construction projects. Signed by President Biden in February 2022, Executive Order (EO) 14063 mandates PLAs on all federal construction projects exceeding $35 […]
Why Is the GAO Getting into my Private Business? Exploring GAO’s Jurisdiction Over Subcontract Procurements
By Brandon Wilsey, Associate (McLean, VA) Contractors who regularly conduct business with the Federal government are likely familiar with the Government Accountability Office’s (GAO) jurisdiction over bid protests. The GAO’s jurisdiction is typically limited to procurements issued by a Federal agency. Contractors may be surprised to learn, however, that the GAO also exercises jurisdiction over […]
Scott P. Fitzsimmons Selected to Join AAA Roster of Arbitrators
The American Arbitration Association (AAA) has selected Scott P. Fitzsimmons, a Senior Partner in our Washington, DC office, to join its prestigious Roster of Arbitrators. Upon completing AAA’s specialized training program, Scott will be available nationwide as a neutral arbitrator for construction and government contracts disputes. Scott brings extensive experience in construction law and government […]
DOJ’s Cyber Fraud Initiative and Recent Settlements: What Contractors Need to Know
By Scott P. Fitzsimmons, Senior Partner (Washington, DC) A recent series of high-profile settlements has drawn attention to the U.S. Department of Justice’s (DOJ) pursuit of fraud cases involving cybersecurity and federal contracting. These settlements arise from the Civil Cyber-Fraud Initiative, launched in October 2021, which aims to enforce accountability among contractors under the False […]
California Law Update: Procedural Requirements and Practicalities When Advancing a Claim Against a Public Entity
By Brent N. Mackay, Partner, and Thomas M. Padian, Associate (Irvine, CA) Introduction Imagine you represent a claimant with grounds to sue a governmental entity. Prior to the initiation of the lawsuit, you submit a claim on their behalf, which is rejected. You file suit in state court only to have the judge dismiss your client’s […]
New Changes and Restrictions Proposed for Buy American Act
By Scott P. Fitzsimmons, Senior Partner, Washington, DC On October 21, the Biden administration proposed implementing significant reforms to the Buy American Act (BAA), asserting a commitment to boost American manufacturing and reduce reliance on foreign goods in federal procurement. The proposed rule, initially introduced by the FAR Council in May 2020, but not yet […]