Partners Bob Tompkins and Jason Klitenic were quoted in a Law.com Corporate Counsel
article offering points for general counsel to consider after President Donald Trump invoked the Defense Production Act of 1950. The act empowers the federal government to compel companies to provide products and services to the government before fulfilling other commercial or contractual obligations to combat the COVID-19 pandemic.
Mr. Tompkins, Co-Chair of the firm's National Government Contracts Practice, explains how the act allows the government to issue "rated orders" for companies to fulfill and how they work their way down the supply chain, and Mr. Klitenic, leader of the firm's National Security, Defense and Intelligence Team, explains that the executive branch has broad powers in responding to crises like the pandemic. As such, they advise general counsel for medical supply manufacturers and other companies that make or could make supplies like face masks, gloves and ventilators to review the requirements under the act.
READ: What's Next for General Counsel as President Trump Issues Defense Production Act Executive Order?