Ethics & Compliance

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Well before the Federal Sentencing Guidelines for Organizations were adopted in 1991, Crowell & Moring's Government Contracts lawyers pioneered the concept of corporate compliance programs and reviews in 1978. As it relates to compliance, we have conducted reviews, established programs, drafted codes of conduct and policies, and provided training for more than 200 corporate clients in every conceivable industry. Our clients call on us when they are:

  • Responding to a grand jury or an agency inspector general subpoena, or a Department of Justice civil investigative demand.
  • Considering internal investigations and "voluntary disclosures."
  • Undertaking steps to avoid suspension/debarment and exclusion.
  • Negotiating a civil or criminal settlement agreement, or a corporate integrity agreement.
  • Considering measures to prevent and detect noncompliance and misconduct, and to mitigate the chances of "whistleblower" (qui tam) suits under the False Claims Act.

Procurement Integrity and Standards of Conduct

We regularly counsel clients on and litigate matters involving "procurement integrity and standards of conduct," including:

  • Gifts and gratuities provided to government personnel by contractors under criminal statutes and the agency rules.
  • "Kickbacks" offered by vendors and suppliers to higher-tier prime contractors and subcontractors under the Anti-Kickback Act.
  • Access to "off-limits" competitor sensitive and government source selection information under the Procurement Integrity Act and similar state "trade secrets" laws.
  • Criminal and civil "revolving door" restrictions that pertain to holding employment discussions with and hiring former government personnel.

We defend companies accused of violating these rules in civil and criminal investigations, bid protests, and theft of trade secrets and government property actions. Similarly, we have brought actions on behalf of our clients when they have been harmed by their competitors' violation of these rules.

What are your compliance risks, challenges and opportunities?

Visit our interactive chart illustrating common compliance issues organized by department in a typical, hypothetical government contractor.

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"Fastest 5 Minutes: CMMC Assessment Process, SBA final rule, Transactional Data Reporting, OCIs," Podcast: Fastest 5 Minutes in Government Contracts (August 9, 2022). Contacts: Peter Eyre, M. Yuan Zhou
Client Alert/Newsletter
Assessment Draft For DOD Cyber Program Lacks Key Details Law360 (August 5, 2022)
Press Coverage
"The CHIPS Are Down and Incentives Flow as Congress Attempts to Vitalize the U.S. Semiconductor Industry," Government Contracts Bullet Points (August 3, 2022). Contacts: W. Scott Douglas, Stephanie L. Crawford, Lyndsay A. Gorton, Byron R. Brown
Client Alert/Newsletter
"The CHIPS Bill Introduces New Tax Credit to Incentivize U.S. Semiconductor Industry," Government Contracts Bullet Points (August 3, 2022). Contact: Irina Pisareva
Client Alert/Newsletter
Top Forty Under 40 2022: Agustin Orozco Daily Journal (August 3, 2022)
Press Coverage
"No Summer Break for Cyber: Newly Unveiled CMMC Assessment Process Provides Industry with Upcoming Assessment Insights," Government Contracts Bullet Points (August 1, 2022). Contacts: Michael G. Gruden, CIPP/G, Evan D. Wolff, Alexander Urbelis, Maida Oringher Lerner, Jacob Harrison
Client Alert/Newsletter
"SBA to Implement New Methods for Evaluating Expanded Sources of Small Business Past Performance," Government Contracts Bullet Points (July 28, 2022). Contacts: Amy Laderberg O'Sullivan, Olivia Lynch, Zachary Schroeder
Client Alert/Newsletter
"TDR Wars—Episode V: OIG Strikes Back," Government Contracts Bullet Points (July 28, 2022). Contacts: Lorraine M. Campos, Adelicia R. Cliffe, William B. O'Reilly, Alexandra Barbee-Garrett
Client Alert/Newsletter
Top Gov't Contract Cases In 2022: Midyear Report Law360 (July 28, 2022)
Press Coverage
"Fastest 5 Minutes: Nondisplacement of Qualified Workers, Unique Entity Identifier Issues," Podcast: Fastest 5 Minutes in Government Contracts (July 27, 2022). Contacts: Peter Eyre, M. Yuan Zhou
Client Alert/Newsletter

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Crowell & Moring LLP is an international law firm with offices in the United States, Europe, MENA, and Asia that represents clients in litigation and arbitration, regulatory and policy, and transactional and corporate matters. The firm is internationally recognized for its representation of Fortune 500 companies in high-stakes litigation and government-facing matters, as well as its ongoing commitment to pro bono service and diversity, equity, and inclusion.

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