GAO Recommends Improvements to DOE’s Fraud Controls; DOE Fires Back

Earlier this month the U.S. Government Accountability Office (“GAO”) released a report titled “Department of Energy: Use of Leading Practices Could Help Manage the Risk of Fraud and Other Improper Payments” (GAO-17-235) (the “Report”).  As the title suggests, GAO assessed the Department of Energy’s (“DOE”) internal controls to manage “the risk of fraud and improper payments.”  GAO found that DOE had not employed certain “leading practices” to combat fraud – like creating a “dedicated entity to lead fraud risk management activities” and using “specific control activities, such as data analytics” – and offered six recommendations for improvement.  View Full Post
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D.C. Circuit Dismisses Major Case Concerning Attorney-Client Privilege in Congressional Investigations

The long saga of the legal challenge by Carl Ferrer, CEO of Backpage.com, to a subpoena issued by the Senate’s Permanent Subcommittee on Investigations (“PSI”) appears to have reached a conclusion.  A three-judge panel of the U.S. Court of Appeals for the D.C. View Full Post
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Can the Government Contract Around the Duty of Good Faith and Fair Dealing?

Every government contract contains implied duties, such as the duty to cooperate and the duty of good faith and fair dealing. Such implied duties generally prohibit one party from interfering with the other’s performance or taking actions that undermine the other’s expected benefit of the bargain. View Full Post
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The Seven Year Itch: The SCC Returns to Address an Unresolved Question Regarding the Crown’s Duty to Consult Aboriginal People and the Legislative Process

By | Project Law Blog | May 18, 2017
Posted by Keith Bergner On May 18, 2017, the Supreme Court of Canada agreed to hear an appeal in an important case that could further define the nature and extent of the Crown’s duty to consult Aboriginal people, including the previously unresolved question as to whether the Crown’s duty to consult Aboriginal people can be triggered by legislative action. View Full Post
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Administration Submits Notice of NAFTA Renegotiation

On May 18, 2017, newly-confirmed U.S. Trade Representative Robert Lighthizer formally notified Congress that President Trump intends to renegotiate the North American Free Trade Agreement (NAFTA). The Trump Administration has indicated that it will request public input on the “direction, focus, and content” of these negotiations, and will publish notice in the Federal Register regarding such input. View Full Post
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A Harbinger for Some U.S. Visa Applicants of More Rigorous Vetting and Longer Waits for U.S. Visas?

On March 6th, President Trump issued a Memorandum Seeking Rigorous Evaluation of All Grounds of Inadmissibility. As a direct result of the March 6th Memorandum, the U.S. Department of State (DOS) has submitted a request to the Office of Management and Budget (OMB) for emergency review and approval of its intention to collect supplemental information from visa applicants, and they asked OMB to approve their request by May 18th. View Full Post
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Governor Signs Two Bills Amending Washington’s Public Records Act

On May 16, 2017, Washington Governor Jay Inslee signed two public records bills passed by the legislature in April, Engrossed Substitute House Bill 1594 and Engrossed House Bill 1595. EHB 1595 addresses the costs associated with responding to requests made under the Washington Public Records Act, Chapter 42.56 RCW (“PRA”). View Full Post
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