Bona Fide Needs with Arnold & Porter and the PubKGroup
Arnold & Porter and the PubKGroup present Bona Fide Needs, a monthly podcast addressing the biggest legal issues facing government contractors and their counsel. Hosted by Arnold & Porter’s Mike McGill and PubK’s Bill Olver, Bona Fide Needs covers the breadth of federal contracting, from contract formation to termination, including bid protests and claims, fraud and compliance, cybersecurity matters, and corporate responsibility and governance.
Episodes
Episodes
Tuesday Jun 27, 2023
Ep. 2.06: Will SCOTUS Unravel the Chevron Deference?
Tuesday Jun 27, 2023
Tuesday Jun 27, 2023
In April, the Supreme Court announced it would take up a lawsuit involving the Department of Commerce’s oversight of marine fishing vessels. Of import to federal contractors, the case provides an opportunity for the Justices to examine the 40-year old Chevron deference, and consider whether they should overrule or clarify the previous holding.
In this episode of Bona Fide Needs, Pub K Group Managing Editor Bill Olver speaks with Arnold & Porter Partner Kristen Ittig, who explains the principles of the Chevron deference, how it is used in court, the current case before the Supreme Court, and how overruling the Chevron case could impact federal contractors.
Also in this episode, Bill breaks down recent developments involving the debt ceiling, the Department of Justice's authority to dismiss qui tam cases, NIST's update to guidance on protecting controlled unclassified information, and changes to SBA's small business regulations.
0:00 - Introduction0:30 - Headlines11:00 - Conversation with Kristen Ittig22:00 - Conclusion
Show notes are available at the Pub K Group website.
Wednesday Jun 07, 2023
Ep. 2.05: SCOTUS Rejects Safeco Defense. What Does This Mean for FCA Defendants?
Wednesday Jun 07, 2023
Wednesday Jun 07, 2023
On June 1, the Supreme Court issued its much-awaited opinion in U.S. ex rel. Schutte v. SuperValu, Inc. and U.S. ex rel. Proctor v. Safeway, Inc., handing down a unanimous decision reversing the Seventh Circuit and rejecting the application of Safeco’s “objective reasonableness” standard to the False Claims Act. The decision will have significant ramifications not only for FCA litigation pending in the Seventh Circuit, but in courts across the country, as multiple courts of appeals and district courts had also adopted an “objective reasonableness” requirement.
In this episode, Pub K Group Managing Editor Bill Olver speaks with Arnold & Porter Partners Tirzah Lollar and Christian Sheehan, who discuss what the decision means and its implications for FCA defendants.
0:00 - Introduction3:00 - Reaction to the Decision5:30 - The Key Takeaways from the Decision10:30 - The Effect on Future and Ongoing FCA Litigation18:45 - Advice for Potential FCA Defendants
Show notes are available at the Pub K Group website.
Thursday May 25, 2023
Ep. 2.04: How Contractors Can Prepare for a Default on the Nation’s Debt
Thursday May 25, 2023
Thursday May 25, 2023
The threat of the U.S. government defaulting on its debt is full of uncertainties for federal contractors. These risks include subcontracting disputes and even going out of business if the government deprioritizes payments to government contractors.
In this episode of Bona Fide Needs, Pub K's Bill Olver sits down with two attorneys from Arnold & Porter's Government Contract and National Security Group - Keith Feigenbaum and Bryan Williamson - who address the statutory framework of the debt ceiling, the implications of a breach, the likely effect on federal contractors, and many practical recommendations for how contractors can prepare for a breach and respond to any adverse actions.
0:30 - Headlines8:00 - Introduction Keith Feigenbaum and Bryan R. Williamson9:15 - What is the Debt Ceiling? 12:15 - What are the implications of a breach? 16:50 - How will a breach impact federal contractors? 21:00 - What can contractors do to prepare or seek remedy? 31:00 - Acknowledgements
Show notes are available at the Pub K Group website.
Tuesday Apr 25, 2023
Ep. 2.03: The Supreme Court’s Consideration of the FCA Knowledge Standard
Tuesday Apr 25, 2023
Tuesday Apr 25, 2023
On April 18, the Supreme Court heard oral arguments in Schutte v. SuperValu and Proctor v. Safeway, two qui tam cases raising significant questions about the knowledge standard under the False Claims Act.
Arnold & Porter partners Tirzah Lollar, Craig Margolis, and Christian Sheehan attended the arguments in-person and then provided their real-time insights into the Justices' line of questioning, the parties' responses, and what this may mean for relators and defense counsel.
In this episode of Bona Fide Needs, we present their discussion, with additional contextual comments by Tirzah Lollar.
0:30 - Tirzah's introduction
6:00 - Tirzah, Craig, and Christian's webinar discussion
52:30 - Acknowledgements
For our show notes, visit us at the Pub K Group website.
Wednesday Mar 15, 2023
Ep 2.02: The Supreme Court Tackles FCA Court Splits
Wednesday Mar 15, 2023
Wednesday Mar 15, 2023
In this episode of Bona Fide Needs, Pub K Managing Editor Bill Olver is joined by Arnold & Porter False Claims Act Practice partners Tirzah Lollar and Christian Sheehan for a discussion about the Department of Justice's reported FCA recoveries for fiscal year 2022, as well as two FCA-related cases before the Supreme Court.
0:25 - Mike's introduction
1:50 - Bill's conversation with Tirzah and Christian
3:45 - FCA recoveries for FY2022
10:30 - Supreme Court consideration of the scienter standard
18:20 - Supreme Court consideration of the government's authority to dismiss qui tam complaints
26:30 - Mike's comments
For our show notes, visit us at the Pub K Group website.
Wednesday Feb 08, 2023
Ep 2.01: COVID-19 Claims Litigation - What You Should Know
Wednesday Feb 08, 2023
Wednesday Feb 08, 2023
In this episode of Bona Fide Needs, Arnold & Porter Partner Mike McGill speaks with Arnold & Porter Senior Associate Amanda Sherwood on recent cases addressing contractor relief for the impacts of the COVID-19 pandemic and unanticipated inflation and Mike summarizes the targeted relief authorized through section 822 of the National Defense Authorization Act for FY 2023.
0:00 - Introduction
1:20 - Mike and Amanda's conversation
35:20 - Mike's final comments on the FY2023 NDAA
Show notes available online at the Pub K Group website.
Tuesday Dec 20, 2022
Ep 1.07: 2023 Annual Review Preview with PilieroMazza’s Nichole Atallah
Tuesday Dec 20, 2022
Tuesday Dec 20, 2022
In this episode of Bona Fide Needs, Arnold & Porter Partner Mike McGill and PilieroMazza Partner Nichole Atallah preview the Labor & Employment panel from Pub K's upcoming 2023 Annual Review.
From January 9 - 12, three dozen top government contracting practitioners will break down the most important and intriguing developments affecting federal contractors and their counsel. Government officials, private sector attorneys, and in-house experts will examine 2022's key litigation, enforcement activity, agency regulatory activity, and developments from Capitol Hill and the White House.
Pub K's Annual Review is free to the public. To register, visit Pub K online at https://pubkgroup.com/govcon-annual-review-2023/.
Tuesday Dec 20, 2022
Ep 1.06: 2023 Annual Review Preview with Arnold & Porter’s Craig Holman
Tuesday Dec 20, 2022
Tuesday Dec 20, 2022
In this episode of Bona Fide Needs, Arnold & Porter Partners Mike McGill and Craig Holman preview the Bid Protest panel from Pub K's upcoming 2023 Annual Review.
From January 9 - 12, three dozen top government contracting practitioners will break down the most important and intriguing developments affecting federal contractors and their counsel. Government officials, private sector attorneys, and in-house experts will examine 2022's key litigation, enforcement activity, agency regulatory activity, and developments from Capitol Hill and the White House.
Pub K's Annual Review is free to the public. To register, visit Pub K online at https://pubkgroup.com/govcon-annual-review-2023/.
Bona Fide Needs
What government contractors need to know.
Pub K writes the news. Arnold & Porter provides insight and thought leadership.
Headline news, interviews, and in-depth conversations with subject matter experts on the most important developments affecting federal contracting.