Gordon & Rees has posted a free on-demand webinar providing practical tips to prevent your company from being sued and practical strategies for how to respond when the government and disgruntled employees come knocking on your company’s door.

The webinar discusses claims before administrative agencies and courts which include alleged violations of discrimination laws, whistleblower statutes, contract disputes and a failure to accommodate disabled workers. It also covers the NLRB’s foray into the determining validity of class action waivers in arbitration and employers’ social network policies.

On its website, the firm says the webinar walks attendees through best practices to keep the agencies away from the corporate doorstep and employees from walking up the courthouse steps.

Watch the on-demand webinar.

Adam Welz/CREDO Action

For six years while shale gas extraction in New York was in a state of indefinite hold pending environmental and health reviews, landowners and oil and gas firms talked about “takings,” reports the Pittsburgh Post-Gazette.

The concept of takings, like eminent domain, requires the government to compensate private property owners for assets taken away because of government action.

When New York Gov. Andrew Cuomo announced he planned to permanently ban high volume hydraulic fracturing — the practice used to pull gas out of the Marcellus Shale, for example — legal minds and oil and gas hopefuls said the time is right for a takings lawsuit.

Read the story.

The Nicholas Institute for Environmental Policy Solution’s Climate and Energy Program offers an in-depth on-demand explanation of the U.S. Environmental Protection Agency’s Clean Power Plan, which the EPA proposed in June, to control carbon dioxide emissions from existing power plants under section 111(d) of the Clean Air Act.

The presentation clearly describes the four “building blocks” used by the EPA to determine each state’s unique emissions goal and provides an example calculation of state emissions goals.

Nicholas Institute experts also discuss the significance of state emission goals given ongoing changes in the electricity sector, outline state compliance plan requirements, and summarize pivotal areas of flexibility available to states.

Watch the on-demand webinar.

Environmental Entrepreneurs (E2) has posted an on-demand webinar on the U.S. Department of Defense’s emergence as a leader in the nation’s transition to a more sustainable clean energy future.

On its website, E2 says the Defense Department is setting aggressive objectives to reduce its fossil fuel dependence and to accelerate deployment of low carbon renewable energy generation and energy efficiency technologies throughout its operations. In the process, the military is creating a strong market signal for growth and innovation in the clean technology sector.

Speakers are Assistant Secretary of the Navy Dennis McGinn on the Navy’s leadership in the military’s transition to clean energy; White House Federal Environmental Executive Kate Brandt on how DOD’s clean energy work supports the President’s broader climate goals; Constellation Energy Executive Director for Public Sector Business Development John Dukes on opportunities these military initiatives provide to the private sector; and E2 Press Secretary Jeff Benzak who discusses E2’s newly launched military energy website highlighting strategic renewable energy and energy efficiency projects on military installations around the country.

Watch the on-demand webinar.

A powerful Texas Health and Human Services Commission general counsel who resigned last week stretched the boundaries of a little-known state purchasing program to ensure an Austin company would not face competition for a $110 million contract, according to interviews and a review of recent government purchases. The Houston Chronicle reported on the case Dec. 17.

GC Jack Stick used the program to award a massive Medicaid fraud detection contract to Austin technology firm 21CT, even though records show its no-bid process typically is used for small purchases, such as school printer cartridges, The Chronicle reported.

The Cooperative Contract program, which allows government agencies to bypass competitive bidding requirements by choosing from pre-approved IT products, has been used over the past five years for purchases averaging $3,493, according to a Houston Chronicle analysis of the 2.5 million transactions over that time.

Read the story.

NeoSystems Corp. has posted a free on-demand webinar on how to forecast, plan and optimize cash flow and cash management for government contractors.

Whether you’re looking to fund your growth or just meet payroll, every government contractor – big and small – needs to manage cash, NeoSystems says on its website.

“Consider the cash flow challenges of managing your contracts:  the timeline for paying your employees versus the timeline of billing your clients and waiting for your invoice to be paid can stress anyone’s cash reserves.  Add additional contract wins to the mix and many companies find themselves cash constrained at best.  Not to fear – these challenges can be overcome by effectively managing your cash flow,” NeoSystems says.

Watch the on-demand webinar.

The federal government doesn’t have a system that can help pair small business subcontractors with prime contracts, and existing contract-tracking systems aren’t up to the job either, according to a report by the Government Accountability Office.

FCW reports that connecting small business to prime contracts matters because federal law requires prime contractors to make good-faith efforts to award a portion of their subcontracts to small businesses, and in some cases to have small business subcontracting plans.

In a report released Dec. 11, GAO said it assessed the feasibility of using existing federal contract-reporting systems to connect small business subcontractors with prime contracts, and identified actions federal agencies are taking to help in the effort, FCW reports.

Read the story.

Market Connections has posted a free white paper online titled “Contract Evaluation Research: A Competitive Advantage for Winning More Government Contracts.”

The white paper covers:

• Inside higher win rates: How to effectively use contract evaluations and customer satisfaction research
• The independent third party advantage: A path to relevant, actionable intelligence, and how to benchmark your results vs. peers
• Insider tips: How to use customer feedback in strategic decision-making, and executing more effective operational improvements

Download the white paper.

Clearwater Compliance will present a complimentary webinar describing best practices for business leaders, managers and professionals with responsibility for HIPAA privacy, security, compliance or risk management.

The webinar will be Thursday, Dec. 18, at 11 a.m. Central time.

On its website, Clearwater says the HIPAA Omnibus Final Rule (Final Rule), finalized in 2013, made substantial changes to the obligations and liabilities of business associates (BAs) and their subcontractors. These changes implement provisions of the Health Information Technology for Economic and Clinical Health Act (HITECH Act), which sought to make business associates more accountable for the use, disclosure and security of protected health information (PHI).  Business Associates, and their subcontractors, now face HIPAA enforcement actions and are directly liable for violating the HIPAA Security Rule, as well as certain provisions of the Privacy and Breach Notification Rules.

The Final Rule extended the definition of “business associate” to include a “subcontractor that creates, receives, maintains, or transmits protected health information on behalf of the business associate.” Although the Final Rule has been in effect for over a year, most BAs, and subcontractors, are not compliant and many don’t know where to start. Clearwater says.

Register for the webinar.

Out of public view, corporate representatives and attorneys general are coordinating legal strategy and other efforts to fight federal regulations, according to a review of thousands of emails and court documents and dozens of interviews, reports The New York Times.

Attorneys general in at least a dozen states are working with energy companies and other corporate interests, which in turn are providing them with record amounts of money for their political campaigns, including at least $16 million this year, according to the report in the Times.

They share a common philosophy about the reach of the federal government, but the companies also have billions of dollars at stake. And the collaboration is likely to grow.

Read the story.

Berkman Solutions has posted a contracts-and-compliance white paper and slides examining the two primary sources of compliance obligations related to contracts: performance obligations and government regulations.

For each source of compliance challenge, this paper identifies methods to improve compliance and contract management.

Berkman Solutions says that compliance requirements touch every organization across industries. Regulations can lay down the rules of the road or impose barriers to business. Compliance is essential for success, like good brakes on a car. In any organization, contract management must be an integral part of compliance.

Read the white paper.

Aronson will present a complimentary webinar providing tips, guidance and best practices to help government contractors efficiently close out their cost type contracts.

The webinar will be Wednesday, Dec. 10, at 11 a.m. Eastern time.

Due to the government’s legendary incurred cost audit backlog, many government contractors have never experienced a contract closeout, Aronson says on its website. As a result of DCAA’s recent emphasis on completing incurred cost audits, contractors are starting to receive their final indirect rate letters and preparing for closeout.

Contract experts Tom Marcinko and Donna Dominguez will address:

• Incurred Cost Submission/Final Rates
• Closing Out Subcontracts
• Final Invoices
  • Fee Retainage
  • Indirect Rate Variances
• Closeout Forms and Certifications
• Quick Close Outs

Register for the webinar.

The Network for Public Health Law presents a free on-demand webinar providing an update on Affordable Care Act implementation, including states’ decisions regarding Medicaid expansion and health insurance exchanges, as well as a number of provisions regarding public health.

Experts will also discuss the legal challenges, some seeking to enjoin the law and others, to enforce it.

November marked the second year when millions of Americans can purchase health insurance coverage through the online marketplaces established by the ACA. The health law’s first year was bumpy, due to technical glitches that plagued the marketplaces and a number of states’ refusals to expand Medicaid, The Network said on its website. The ACA was challenged by dozens of lawsuits that raised a range of constitutional and statutory arguments. In the most high profile case of the year, the Supreme Court ruled that some companies can be exempt from the ACA’s contraceptive requirements.

Watch the on-demand webinar and view the slides.

Nixon Peabody presents a free on-demand webinar covering the latest news from HUD with respect to “green” affordable housing development.

With sustainability issues continuing to emerge at the forefront of multifamily housing development, HUD is redoubling its efforts to ameliorate the 30% bite that energy takes out of its subsidy budget, the firm says on its website. How can sustainability efforts bring cost benefits that will outweigh the expense of implementation? Find out how you can capture opportunities for enhanced cash flow that you may be leaving on the table.

Topics will include:

• The latest news from HUD with respect to “green” affordable housing development
• How adding energy-saving measures to your project can be beneficial, and what these measures mean to you as an owner and to your housing portfolio
• How to execute a sustainable housing project through a case study example

Watch the on-demand webinar.

The U.S. Department reported that Gregory E. Grantham, 57, of Oceanside, California, was sentenced to five years in prison on Nov. 14 , followed by three years of supervised release, for a wire fraud conspiracy, wire fraud and obstruction of justice. U.S. District Judge J. Frederick Motz also ordered Grantham to forfeit/ pay restitution of $17.4 million.

DOJ reports:

Grantham is a licensed attorney and between September 2009 and September 2011, was employed as General Counsel for IAGU Underwriters, LLC, as well as maintaining a private law practice. Graham’s co-defendant, Mervyn Phelan operated IAGU, which was in the business of underwriting loan applications submitted by real estate developers and then locating project financing from banks and other financial entities.

According to his plea agreement and court documents, between mid-2010 and August 2011, Grantham and Phelan became involved in a fraudulent scheme carried out by Patrick Belzner and Brian McCloskey, who both resided in Baltimore County. McCloskey owned a real estate development business known as the McCloskey Group, LLC. Belzner, a home builder, began working with McCloskey in late 2008 or early 2009. Phelan and IAGU began working with the McCloskey Group trying to locate sources of financing for its projects in about 2009.

Beginning in 2009 and continuing through June 2011, Belzner and McCloskey persuaded a series of private lenders to fund loans to establish that the McCloskey Group had reserves of cash that would supposedly help it obtain loans it was seeking in connection with real estate development projects through IAGU. Belzner and McCloskey falsely represented that the funds would be maintained in an escrow account under the control of Kevin Sniffen, a licensed attorney and escrow agent in Baltimore County; that the funds would not be used for any other purpose; and that the money would be returned to the lender, either upon the funding of the loan or after a specified period of time. In return for this temporary use of the lender’s funds, Belzner and McCloskey promised to pay substantial fees or interest. In fact, once the lenders transferred their funds into the escrow accounts, Belzner directed McCloskey to remove those funds from the escrow accounts without the knowledge or permission of the lenders. Belzner and McCloskey then used the majority of the stolen funds to pay for their personal and business expenses. The total losses resulting from the scheme were approximately $20 million.

Read the rest of the story.

Electricity Pylons by Nick Page, on Flickr

The American National Standards Institute (ANSI) Network on Smart and Sustainable Cities will present a complimentary webinar on local governments’ application of climate change standards formulated by the International Organization for Standardization.

The 90-minute webinar will be Tuesday, Nov. 18, beginning at 2 p.m. Eastern time.

The presentation will cover ISO Technical Committee 207’s Subcommittee 7 on greenhouse gas management and related activities, involving measuring, reducing, managing and verifying greenhouse gas emissions.

Tom Baumann, chair of ISO/TC 207/SC 7, will be the presenter.

Register for the webinar.

Inside Higher Ed reports that the for-profit education sector’s primary trade group on Thursday filed suit in federal court to block gainful employment regulations, which the U.S. Department of Education unveiled last week.

On its website, Insidee Higher Ed said that a federal judge in 2012 halted a previous attempt by the Obama administration to enact rules for vocational programs at for-profits, community colleges and other institutions. While the judge found that the department was within its rights with the overarching thrust of the regulations, the judge also said the department failed to establish its reasoning behind one of the metrics.

The Association of Private Sector Colleges and Universities filed the suit, alleging that gainful employment “repeats and exacerbates” problems that led to its previous version being held up in court, calling the rules arbitrary.

Read the story.

Baker Tilly has posted an article and video on several changes the U.S. General Services Administration has announced for the Contractor Assistance Visits (CAVs) performed by its Industrial Operations Analysts (IOAs).

On its website, Baker Tilly says that what amounts to perhaps the biggest change yet, IOAs will review task orders issued under GSA professional services contracts to ensure that the resources performing work on GSA orders meet minimum labor category qualifications, was announced in the fall 2014 issue of “GSA Steps.”

“While this announcement serves as specific notice to GSA Schedule contractors to pay credence to the way the price, sell, and staff their projects, it also speaks to a broader trend that all professional services contractors should be aware of:  the Government is paying close attention to the services that it buys, and the Government’s enforcement community is focusing in on the qualifications of the resources providing those services as well as the pricing of those services,” the firm says on its website.

Read the article and watch the video.

Former National Security Agency general counsel Stewart Baker said that Blackberry’s innovative encryption efforts, which Google and Apple are planning to emulate, partially led to the company’s downfall.

He spoke at the Web Summit in Dublin, Ireland.

Reporting on Baker’s address, ZDNet said Baker told the summit that some countries restricted Blackberry’s efforts to market their products because the company wouldn’t fully cooperate with requests to hand over stored data. Those countries included Russia, China, and the United Arab Emirates.

Read the story.

Microsoft general counsel Brad Smith spoke at Harvard’s Berkman Center for Internet and Society Nov 4, discussing government information requests, ensuring the privacy of consumers and trust in U.S. technology companies.

When governments ask Microsoft for data on the company’s enterprise customers, the company passes the request on to their client. If that action doesn’t resolve the issue, then Microsoft will challenge the request in court. Individual customers don’t get the same treatment, he said.

As reported in BetaBoston, Smith said, “The legal right that governments have to ask for and acquire data about a consumer depends on what the person’s nationality is, and where the data is stored, and where the parent company is headquartered, among other things.”

Read the story.