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Defacto Debarment: Broad Contracting Prohibitions For Many Expatriate Corporations

Client Alert | 1 min read | 07.10.09

On July 1st , the FAR Council issued a broad-reaching prohibition on using fiscal year 2006-2009 appropriated funds for contracting with any corporation (or subsidiary of a corporation) that is an inverted domestic for the purposes of the Internal Revenue Code (26 USC 7874) or would be considered an inverted domestic under the Code except for the fact that the inversion transactions were completed on or before March 4, 2003. This new rule contains a much broader prohibition on federal contracting than any previous statute or regulation, applying the tax law definition of inverted domestic (and eliminating the 2003 grandfather provision), instead of the ;narrower definition contained in the Department of Homeland Security statute (6 USC 395).

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Client Alert | 6 min read | 07.10.25

Is there a Role Anymore for Supplemental Environmental Projects in Environmental Enforcement Settlements?

Supplemental Environmental Projects (SEPs) are voluntary, environmental or public health projects that parties subject to environmental enforcement proceedings can propose as part of an administrative, civil, or criminal settlement. SEPs are unique and used specifically in environmental enforcement cases in part because (1) many environmental law statutes do not require a showing of harm to prove a violation; thus, redressing harm, outside of equitable relief, is not usually statutorily required; and (2) pollution is a public harm that is hard to redress, both individually and collectively....