Ward & Berry, PLLC

As a reminder for "reporting companies" under the Corporate Transparency Act (CTA), Financial Crimes Enforcement Network, US Treasury (FinCEN) has ?????????????????? its recently established deadline of March 21 for the submission of Beneficial Ownership Information (BOI) reports. That deadline, which FinCEN established in late February following a favorable ruling by a federal judge in the E.D. of Texas, has since been overtaken by the U.S. Department of the Treasury's announcement that, at least for American companies, it will not be enforcing the CTA's reporting requirements. Specifically, on March 2 (link below), the Treasury Department announced that it "will not enforce any penalties or fines associated with the [BOI] reporting rule under the existing regulatory deadlines," "will further not enforce any penalties or fines against U.S. citizens or domestic reporting companies or their beneficial owners," and "will further be issuing a proposed rulemaking that will narrow the scope of the rule to foreign reporting companies only." (https://lnkd.in/g4eGb8yB) Have questions about the CTA? Contact Ward & Berry, PLLC! #CTA #transparency #compliance #FinCEN Ryan Berry Daniel Ward Ryan Bradel Amanda Merced Mary Pat Buckenmeyer Tyson Marx Michael Hatch Chelsea Cruz Nicholas Perry Nicholas Hopkins Matthew Saliman Kerry McCarthy Jill Berry Juliana Berry

We’re proud to share that Matthew Saliman was recently featured on the Federal Publications Seminars podcast to discuss Executive Order 14222 and its impact on federal contractors. Tune in to hear insights on how this EO may affect contractors and what steps they can take to prepare. ?? ???????????? ????????: https://lnkd.in/efTYsHGp

Ward & Berry is proud to return as a Platinum Sponsor for the Space and Defense Innovation Showcase & Reception on March 8th! If you're heading to Austin, let's connect!? #WardBerry #SDI2025 #Space #Defense #Innovation #GovCon Ryan Berry Daniel Ward Ryan Bradel Amanda Merced Tyson Marx Mary Pat B. Michael Hatch Nicholas Perry Chelsea Cruz Matthew Saliman Joy Schoffler Marcella Caldwell Tim Chrisman Ashley Shenk Distinctive Edge Partners Defense News Foundation For The Future Nicholas Hopkins

?? ????????????????: ?????? ?????????????????? ?????????? ???????????????? ?????????????? ?????????????????????? – ???????? ?????????????????????? ???????? ???????? ?? Last night, President Trump issued an Executive Order on Cost Efficiency in Federal Spending, a directive that could disrupt government contracting as we know it. This sweeping order mandates increased scrutiny on payments, contract modifications, and even terminations—all under the banner of cutting costs and improving transparency. ?????? ?????????????? ???? ???????????????????? ?????????????????????? ?? ?????????????????? ?????????????? ?????????????????? – Agencies must now justify every contract payment in a centralized system, with potential delays in approvals and disbursements. ?? ???????????????? ?????????????? & ???????????????????????? – Every federal agency must review all discretionary contracts and grants within 30 days, with a focus on cutting costs or reallocating funds. Contractors—especially educational institutions and foreign entities—should brace for renegotiations or cancellations. ?? This order has broad applicability, excluding only contracts, grants, and loans to military, law enforcement, public safety, intelligence agencies, or certain emergency and disaster relief operations. ?????????? & ???????????????????????????? ???????????????????? ??????????? This order raises serious legal questions regarding the separation of powers and executive overreach in federal contracting: ? ???????????????? ???????????????? ???????????????? – Can the executive branch unilaterally pause, modify, or terminate contracts that have already been funded? ? ???????????????? ???????????????? ???????????? – The right of the government to terminate for convenience is not unlimited. Contractors may have legal grounds for breach-of-contract claims. ? ?????????????????????? ?????????????? ?????? ?????????? – The President cannot legally withhold or delay appropriated funds without congressional approval. ???????? ???????????? ?????????????????????? ???? ??????? ?? ???????????? ???????? ??????????????????? ?? ???????????? ???????? ???????????? ?????????????????? ?? ?????????????? ?????? ?????????? ???????????????????? ?? ?????????????? ?????? ?????????????????????? At Ward & Berry, PLLC we are closely tracking this unprecedented shift in federal contracting policy. Our team is ready to advise on compliance, contract disputes, and legal challenges. Read the Executive Order here: https://lnkd.in/ewD-mAJe #GovernmentContracts #FederalProcurement #ExecutiveOrder #GovConLaw #ContractDisputes #LegalUpdate #SeparationOfPowers Ryan Berry Daniel Ward Ryan Bradel Amanda Merced Tyson Marx Mary Pat Buckenmeyer Michael Hatch Nicholas Perry Brian Yu Chelsea Cruz Nicholas Hopkins Matthew Saliman

Ward & Berry partners Ryan Berry and Amanda Merced are joining the rest of the incredible #defensetech community during #SXSW2025! Austin has become a major hub for aerospace and defense innovation, bringing together top leaders, companies, and decision-makers for high-impact discussions, networking, and deal-making. Send Ryan and Amanda a message if you'd like to connect in Austin. Hope to see you there! #WardBerry #GovCon #Austin #TX

It is no secret that the first month of the second Trump Administration has brought significant upheaval to the government contracting and grants industry, with many suspensions of work and contract terminations. It is crucial that businesses know what tools they might have in their toolbox to recover costs and, in some cases, survive. Here is a brief reminder of several key steps contractors and grant recipients can take to weather this transition as smoothly as possible: - Review your contracts and grants for stop-work, suspension-of-work, and termination for convenience clauses – companies must understand their rights and obligations when the government exercises these (or related) clauses. Also, be aware that even if a government contract doesn’t include an explicit termination for convenience clause, one will likely be read into the contract under the “Christian doctrine.” - Closely and accurately track your costs – in many circumstances, it may be possible for contractors and grant recipients to recover certain costs linked to work interruptions and contract terminations, but you will need to be able to substantiate those costs to recover. For example, the FAR provision addressing terminations for convenience on fixed-price contracts states that the government “should compensate the contractor fairly for the work done and the preparations made for the terminated portions of the contract, including a reasonable allowance for profit.” FAR 49.201(a). But in order to recover these costs, contractors must submit a Termination Settlement Proposal that is, among other things, “in reasonable detail supported by adequate accounting data.” FAR 49.206-1(c). - Consult with your legal counsel regarding possible legal remedies – e.g., if the government is refusing to make payments pursuant to a valid contract, you may have grounds to file a suit alleging material breach of contract. - Don’t forget about outstanding proposals – the transition to President Trump’s second term has impacted more than just existing contracts, as pending procurements have been interrupted as well. It is crucial that contractors understand, for example, how delays in ongoing procurements may impact their ability to file bid protests (e.g., if debriefing periods are impacted). - Expect the unexpected – even if you haven’t received a stop-work order or termination notice, your performance of a government contract or grant may be impacted by President Trump’s policies. For example, significant reductions in government personnel could delay the processing time for contract payments; under the Prompt Payment Act, contractors are entitled to interest for late payments. It is very important, under these circumstances, for contractors and grant recipients to maintain clear lines of communication with their contracting/grant officers as much as possible. Ward & Berry, PLLC stands ready to assist you with navigating these issues!

Ryan Bradel, Amanda Merced and Nicholas Perry are at National 8(a) Association's 2025 National Small Business Conference in New Orleans! If you're also there, be sure to check out Amanda and Ryan's panel: “Strategy as You Scale – Risk Mitigation, Compliance, & Partnering" ?? Thursday, February 13, at 1:30 PM And stop by booth 604 to meet with the team throughout the day! #N8aSBC2025 #WardBerry

?? Major Shift in Anti-Corruption Policy: Trump Administration Pauses FCPA Enforcement ?? In a stunning move, President Trump has issued an executive order directing the Department of Justice to pause new Foreign Corrupt Practices Act (FCPA) investigations for at least 180 days while reviewing enforcement policies. The order also requires a review of all ongoing FCPA cases, signaling a potential rollback of past enforcement actions. The White House justified this decision by arguing that FCPA enforcement places U.S. businesses at a competitive disadvantage and encroaches on presidential foreign policy authority. ?? What’s behind this decision? This order follows a major policy shift announced last week by Attorney General Pam Bondi, which redefined DOJ’s FCPA priorities. Under Bondi’s directive, the DOJ will now focus its anti-bribery efforts on cases involving transnational criminal organizations and cartels—deprioritizing traditional corporate enforcement. ?? Key Takeaways for Businesses: ? New FCPA investigations and enforcement actions are on hold unless the Attorney General determines that an individual exception should be made. ? Ongoing cases will be reviewed, and the DOJ may modify or even withdraw certain enforcement actions. ? Future FCPA policy is in flux, meaning companies should stay vigilant in compliance efforts despite this temporary pause. ? DOJ is shifting its focus to bribery cases linked to cartel and transnational criminal activity, signaling a recalibration of enforcement priorities. This shift has far-reaching implications for multinational corporations, government contractors, and compliance professionals who must now reassess their risk exposure and compliance strategies. Need guidance? Ward & Berry, PLLC is closely examining these developments and can offer strategic analysis on how this policy shift may reshape compliance obligations and risk mitigation approaches. ?? Read the executive order here: https://lnkd.in/eAJN6rY9 ?? Read the Attorney General’s memo here: https://lnkd.in/ehYFPiNt #FCPA #ForeignCorruptPracticesAct #ExecutiveOrder #Compliance #GovernmentContracts #DOJ Ryan Berry Daniel Ward Ryan Bradel Amanda Merced Jennifer Morris Tyson Marx Mary Pat Buckenmeyer Michael Hatch Brian Yu Nicholas Perry Chelsea Cruz Matthew Saliman

We’re excited to be Gold Sponsors and attend National 8(a) Association's 2025 National Small Business Conference next week in New Orleans! Don’t miss Amanda Merced and Ryan Bradel's panel: “Strategy as You Scale – Risk Mitigation, Compliance, & Partnering" ?? Thursday, February 13, at 1:30 PM Be sure to stop by booth 604 to see our team. Nicholas Perry #N8aSBC2025 #WardBerry #NewOrleans?

?? LAST CALL to join our Ward & Berry Speakeasy tonight in Austin, TX. This month, we're joined by Rich Julien, Partner at BOKA Capital and Chris Siepmann, Managing Director at Weller James, for an off-the-record discussion about "The Election Effect - A Conversation on International Trade and Dual-Use Investments." Due to the exclusive nature of our gatherings, attendance is limited.?Expect an evening of candid conversations, meaningful connections, bourbon, and a street taco bar – Austin-style! To join us, please apply here: https://lnkd.in/eedbmA2u Ryan Berry, Daniel Ward, Ryan Bradel, Amanda Merced, Jennifer Morris, Tyson Marx, Mary Pat B., Michael Hatch, Chelsea Cruz, Nicholas Perry, Brian Yu, Matthew Saliman, Samantha Brown, Joy Schoffler, Marcos Cervantes, Brian Cook