Subject to Inquiry

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THE LATEST ON GOVERNMENT INQUIRIES AND ENFORCEMENT ACTIONS

Government Investigations and White Collar Litigation Group

Abram J. Pafford

Photo of Abram J. Pafford Abe focuses his practice on protecting the rights and interests of companies and individuals who face disputes or conflicts with the federal government in its role as purchaser, prosecutor, and chief regulator. For more than twenty years, Abe has represented government contractors, participants in regulated industries, and companies and individuals targeted for federal investigation or prosecution, consistently achieving successful results for clients confronting difficult odds.

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Department of Defense Issues Final Rule on Cybersecurity Standards for Contractors

By Edwin O. Childs, Andrew Konia, Abram J. Pafford, Todd R. Steggerda, Jack White, James Dougherty, Jason M. Vespoli, Maura Naehr, John Sullivan and Sophie Marsh on Government Contracts
After years of waiting, the U.S. Department of Defense (DoD) posted to the Federal Register for public inspection on September 9, 2025, a final rule implementing the Cybersecurity Maturity Model Certification 2.0 (CMMC 2.0) standards into the Defense Federal Acquisition Regulation Supplement (DFARS) (the Final Rule), which was formally published a day later on September… Continue Reading

California Defense Contractor and Private Equity Firm Agree to Pay $1.75M to Resolve False Claims Act Liability Relating to Voluntary Self-Disclosure of Cybersecurity Violations

By Todd R. Steggerda, Edwin O. Childs, Michael J. Podberesky, Abram J. Pafford, Brett Barnett, Jack White, Andrew Konia, Jason M. Vespoli, Maura Naehr and John Sullivan on Fraud, Deception and False Claims
On July 31, 2025, the U.S. Department of Justice  (“DOJ”) announced a $1.75 million False Claims Act (“FCA”) settlement with Aero Turbine Inc. (“Aero Turbine”), a California-based defense contractor, and private equity firm Gallant Capital Partners LLC (“Gallant Capital”).  The settlement arises out of allegations that Aero Turbine failed to comply with certain cybersecurity requirements… Continue Reading

Supreme Court Declines to Narrow Reach of Federal Fraud Law

By Brett Barnett, Edwin O. Childs, John S. Moran, Abram J. Pafford, Michael J. Podberesky, Todd R. Steggerda, Jack White, Michael A. Brody, Maura Naehr, John Sullivan and Jason M. Vespoli on Fraud, Deception and False Claims, Government Contracts
On May 22, 2025, the Supreme Court published its opinion in Kousisis v. United States, No. 23-909, 605 U.S. __ (2025), holding that one who induces a victim to enter into a transaction under materially false pretenses may be convicted of federal fraud even without the intent to cause the victim economic loss. In a… Continue Reading

Executive Order Initiates Commercial Focus in Federal Procurement Reform

By Edwin O. Childs, Abram J. Pafford, Maura Naehr, John Sullivan and Jason M. Vespoli on Government Contracts
On April 16, 2025, the Trump Administration issued an Executive Order titled “Ensuring Commercial, Cost-Effective Solutions in Federal Contracts,” which establishes the Administration’s policy of procuring “commercially  available products and services, including those that can be modified to fill agencies’ needs, to the maximum extent practicable.” This includes procurements made pursuant to the Federal Acquisition… Continue Reading

Restoring Common Sense to Federal Procurement – The White House

By Edwin O. Childs, Abram J. Pafford, Jack White, John S. Moran, Maura Naehr, John Sullivan and Jason M. Vespoli on Government Contracts
On April 15, 2025, the Trump Administration issued an Executive Order titled “Restoring Common Sense to Federal Procurement” that seeks to reform the Federal Acquisition Regulation (“FAR”) and agency-specific supplements to contain only those “provisions required by statute or essential to sound procurement.”  Along with a supplemental fact sheet, the Executive Order states that “any… Continue Reading

DoD Issues Final CMMC Framework for Defense Contractors

By Edwin O. Childs, Abram J. Pafford, Andrew Konia, Jack White, Jason M. Vespoli, Maura Naehr and John Sullivan on Government Contracts
After a nearly five-year rulemaking process, the U.S. Department of Defense (DoD) published the Final Cybersecurity Maturity Model Certification 2.0 (CMMC) program rule in the Federal Register on Oct. 15, 2024, codified at 32 CFR Part 170. Contract clauses implementing the CMMC program rule will be issued as part of the Defense Federal Acquisition Supplement,… Continue Reading

“There are Cops on the Beat”: DOJ’s Procurement Collusion Strike Force Leader Emphasizes Criminal Antitrust as Top Enforcement Priority

By Amy Manning, J. Brent Justus, Holden Brooks, Angelo Russo, Todd R. Steggerda, Abram J. Pafford, Jack White, Edwin O. Childs, Laura Colombell Marshall, Brandon M. Santos, Casey Erin Lucier, Paul T. Atkinson, Evan Tucker, Colin F. Brady and Jordan LaPointe on Compliance
On September 14, 2023, Daniel W. Glad — Director of the Procurement Collusion Strike Force (“Strike Force”) for the Department of Justice’s (“DOJ”) Antitrust Division — gave remarks as the keynote speaker for the Virginia Bar Association’s Annual White-Collar Fall Forum, emphasizing a renewed commitment to pursuing criminal investigations in the federal procurement arena.  DOJ… Continue Reading

SBA Issues Interim Guidance After Ultima Decision Finds 8(a) Program Violates Equal Protection

By Edwin O. Childs, Laura Colombell Marshall, Brian D. Barger, WIlliam Doyle, John E. Thomas, Jr., Abram J. Pafford, Jack White and John S. Moran on Government Contracts
Influenced by the U.S. Supreme Court’s SFFA college affirmative action decision, on July 19, the U.S. District Court for the Eastern District of Tennessee enjoined the U.S. Small Business Administration (SBA) from determining federal contractor eligibility for its 8(a) Business Development program according to a “rebuttable presumption” that individuals of certain racial groups are socially… Continue Reading

DHS Issues Final Rule Regulating Federal Contractors’ Handling of Controlled Unclassified Information

By Jack White, Edwin O. Childs, Abram J. Pafford, Andrew Konia, Jason M. Vespoli and Jessica Nejberger on Fraud, Deception and False Claims
On June 21, the U.S. Department of Homeland Security issued a long-anticipated cybersecurity final rule that revises an existing clause and adds two new clauses to the Homeland Security Acquisition Regulation related to contractors’ handling of controlled unclassified information. Read on for highlights from this rule, which goes into effect July 21 and is likely… Continue Reading

DOJ and Aerojet Settle for $9 Million in Qui Tam Cybersecurity False Claims Act Case

By Edwin O. Childs, Todd R. Steggerda, Abram J. Pafford, Andrew Konia and Jason M. Vespoli on Fraud, Deception and False Claims, Government Contracts
On July 8, 2022, the U.S. Department of Justice announced a $9 million settlement with federal government contractor Aerojet Rocketdyne, Inc. for alleged violations of the False Claims Act in a case pending in the Eastern District of California. The settlement results from alleged false statements by Aerojet related to compliance with Department of Defense… Continue Reading

Biden Administration Amends “Buy American” Rules to Increase Domestic Content Requirements

By Edwin O. Childs, Alex J. Brackett, Abram J. Pafford, Jack White, Todd R. Steggerda and Jason M. Vespoli on Enforcement and Prosecution Policy and Trends
On March 7, the Federal Acquisition Regulatory Council promulgated a final rule aimed at increasing federal government preferences for goods and construction materials that are domestically manufactured and increasing the required domestic content threshold for purchases governed by the Buy American Act. Read on for highlights from the rule and next steps for government contractors… Continue Reading

CMMC 2.0: Department of Defense Revamps Cybersecurity Maturity Model Certification Program

By Edwin O. Childs, Abram J. Pafford, Todd R. Steggerda and Jason M. Vespoli on Government Contracts
On November 4, 2021, the Department of Defense (DoD) announced significant changes to the strategic direction of the Cybersecurity Maturity Model Certification (CMMC) program.  Specifically, DoD stated that the goal of these changes is to simplify the CMMC standard and prioritize the protection of certain types of controlled defense information.  After a nine-month internal review by the… Continue Reading

Department of Justice Announces Increased FCA Enforcement Through New Civil Cyber-Fraud Initiative

By Abram J. Pafford, Jason M. Vespoli, Michael J. Podberesky, Andrew Konia and Edwin O. Childs on Enforcement and Prosecution Policy and Trends, Fraud, Deception and False Claims
On October 6, 2021, the Department of Justice (DOJ) announced a new Civil Fraud Cyber Initiative to “combine the department’s expertise in civil fraud enforcement, government procurement and cybersecurity to combat new and emerging cyber threats to the security of sensitive information and critical systems.”… Continue Reading

President Biden Announces Findings of Critical Supply Chain Assessment

By Edwin O. Childs, Abram J. Pafford, Todd R. Steggerda and Jason M. Vespoli on Government Contracts
On June 8, the White House released the findings of a 100-day assessment of critical supply chains, identifying actions needed to bolster domestic manufacturing of critical goods, reduce dependence on foreign nations for supply chain needs, create jobs and address unfair trade practices. For highlights of the report detailing structural weaknesses in supply chains for… Continue Reading

Biden Administration Orders Improvements to Cybersecurity and Federal Networks Amid Cyberattacks

By Jason M. Vespoli, Abram J. Pafford, Edwin O. Childs and Andrew Konia on Government Contracts
On May 12, President Biden signed an executive order mandating that the federal government significantly improve cybersecurity within its networks and modernize federal cyber defenses. This move follows a series of cyberattacks on private companies and federal government networks over the past year, including a recent incident that resulted in gasoline shortages along the U.S.… Continue Reading

Biden Administration Orders $15 Minimum Wage for Federal Contractors

By Edwin O. Childs, David Greenspan, Abram J. Pafford, Todd R. Steggerda, Jason M. Vespoli and Daniel C. Masakayan on Government Contracts
On April 27, 2021, President Biden signed an Executive Order (EO) requiring federal contractors performing service, construction or concession contracts to pay a $15 minimum wage to those employees who are working on such contracts. As noted in the White House Fact Sheet, this EO will build on Executive Order 13658 (signed in February 2014), under which the government… Continue Reading

Biden Administration Orders Comprehensive Review of U.S. Supply Chain

By Edwin O. Childs, Alex J. Brackett, Patrick Rowan, Abram J. Pafford, Todd R. Steggerda and Jason M. Vespoli on Government Contracts
On Feb. 24, 2021, President Joe Biden signed an executive order (EO) triggering a comprehensive review of U.S. supply chains, ordering agencies to identify ways to secure the American economy against shortages of critical and essential goods. As noted by the White House, this EO requires federal agencies to conduct a two-phase review of U.S. supply chains. First,… Continue Reading

Ask Those Questions: Federal Circuit Highlights Required Step for GAO Protesters Seeking Relaxed Automatic Stay Deadline in DOD Procurements

By Abram J. Pafford, Todd R. Steggerda and Edwin O. Childs on Government Contracts
Disappointed government contractors and their legal counsel weigh the benefits of filing bid protests at the Government Accountability Office (GAO) versus the Court of Federal Claims (COFC). One of the key benefits to filing a protest with the GAO is that, under the Competition in Contracting Act (CICA) automatic stay provision, a GAO protester who… Continue Reading

The DFARS Rule on Covered Telecommunications Equipment or Services Is Final

By Edwin O. Childs, Abram J. Pafford and Jason M. Vespoli on Compliance, Enforcement and Prosecution Policy and Trends, Government Contracts
The Department of Defense (DoD) issued a final rule on Covered Telecommunications Equipment or Services that implements Section 1656 of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91). To read more of our analysis, please click here.… Continue Reading

Biden Administration to Strengthen “Buy American” Rules

By Edwin O. Childs, Abram J. Pafford and Jason M. Vespoli on Government Contracts
On Jan. 25, 2021, President Joseph R. Biden signed an executive order aimed at strengthening “Buy American” rules to increase the federal government’s procurement of American-made goods. According to the White House, this order makes several significant changes to the implementation of the laws requiring federal government agencies to procure materials and products domestically. Click here to continue… Continue Reading

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