Government Contracts

December 04, 2023
Feds Accuse Texas Rehab Clinic Of $2M Workers' Comp Scam

Federal prosecutors accused a physical therapy clinic in Texas and its owner of billing thousands of false claims to a federal workers' compensation fund, alleging that they defrauded the government of $2 million.
December 04, 2023
GAO OKs $3.9M Special Air Force Squad Health Service Bid

The U.S. Government Accountability Office ruled that an occupational health company's protest of a $3.9 million U.S. Air Force contract solicitation was baseless, rejecting its contention that the Air Force sought health services that fell outside the underlying contract's scope.
December 01, 2023
Judge Chides Tribe Seeking Blue Cross Default As 'Obstinate'

A federal judge on Friday nixed a Native American tribe's latest bid for default judgment against Blue Cross Blue Shield of Michigan under the Employee Retirement Income Security Act and the state's Health Care False Claims Act, saying the tribe, like the insurer, has been "obstinate" during the suit's discovery phase.
December 01, 2023
Justices Call O'Connor 'American Hero,' 'Perfect Trailblazer'

Following news of retired U.S. Supreme Court Justice Sandra Day O'Connor's death at the age of 93, current and former high court justices paid public homage to her trailblazing career, devotion to the rule of law and illuminating charisma.
December 01, 2023
4th Circ. Nixes Ex-Contech Exec's Antitrust Conviction

The Fourth Circuit on Friday overturned a bid-rigging conviction for a former executive of aluminum pipe maker Contech because the indictment alleged the wrong crime, but left his fraud convictions intact.
December 01, 2023
Former Clerks Say Justice O'Connor Still Worth Emulating

BigLaw attorneys mentored by former U.S. Supreme Court Justice Sandra Day O'Connor, who died Friday after a lengthy battle with dementia, say she'll be remembered as an incisive jurist who always put facts and practical considerations above abstract ideological commitments, as well as a deeply gracious and down-to-earth woman who never let her dedication to the law overshadow her zest for life.
December 01, 2023
Airline Execs Cop To Accepting $1.2M In Contract Bribes

A trio of airline executives pled guilty to accepting bribes from a company in exchange for agreeing to help the company obtain contracts from the airline at Newark Liberty International Airport, federal prosecutors announced Thursday.
December 01, 2023
Records Deletion Justifies Forest Service Redo, Enviros Say

Environmental advocates have urged a Colorado federal judge to set aside an agency's green light for timber sales in the San Juan National Forest, alleging large portions of the administrative record behind the decision were "deliberately deleted" or are missing, meriting a whole new approval process.
December 01, 2023
Mass. Lab Execs Guilty Of Bloodwork Kickback Conspiracy

Five health care executives have been convicted by a Texas jury of conspiring to pay Lone Star State doctors bribes for referring patients' bloodwork to a Massachusetts lab in a complicated multistate scheme to get inflated payouts from federal insurance programs.
December 01, 2023
DOD Owes Developer $13M For Unauthorized Software Copies

A Court of Federal Claims judge has awarded a software developer $12.7 million for copyright infringement after finding that a U.S. Department of Defense contractor made unauthorized copies of the company's software and the DOD tried to cover up that copying.
December 01, 2023
Race Bias Suit Doesn't Need 'Magic Words,' 6th Circ. Rules

The Sixth Circuit has revived a minority-owned government contractor's racial discrimination claim against a consultant who allegedly made false statements about it to a Detroit suburb, ruling in a precedential opinion that a lower court wrongly dinged the contractor for not using "magic words" in its civil rights complaint.
December 01, 2023
Conn. RE Broker Can Challenge Brown Jacobson's City Role

A trial judge incorrectly threw out a pro se plaintiff's challenge to the appointment of the law firm Brown Jacobson PC as corporation counsel for the city of Norwich, a panel of the Connecticut Appellate Court ruled Friday in one of two victories for the same self-represented real estate broker.
December 01, 2023
4 Decisions For Which Justice O'Connor Will Be Remembered

Many of the hotly divided cases at the U.S. Supreme Court came down to Justice Sandra Day O’Connor, a central force on the bench whose savviness at striking compromises and taking a pragmatic approach to resolve disputes is on full display in four opinions.
December 01, 2023
GSA To Investigate Site Selection Of New FBI Headquarters

The inspector general of the U.S. General Services Administration has announced an evaluation of the process for selecting a Maryland site for the FBI's new headquarters after a cohort of Virginia congressional delegates led by U.S. Sen. Mark Warner claimed the Maryland site had won out because of "political interference."
December 01, 2023
Justice O'Connor Shattered Barriers, Built Bridges

A Southwestern cowgirl who will always be known as the first woman to sit on the U.S. Supreme Court, Justice Sandra Day O’Connor inspired those around her with an indomitable work ethic, a deep affection for public service and an innate ability to drive consensus among her colleagues.
December 01, 2023
NJ Panel Says Public Contractor Law Applies To Joint Venture

A New Jersey township was right to reject a joint venture's bid to build a new library and municipal complex because it was not registered as a contractor under the state's public bidding laws, an appellate panel ruled Thursday, backing a trial court's order upholding the bid rejection.
December 01, 2023
Sandra Day O'Connor, First Woman On Supreme Court, Dies

Retired U.S. Supreme Court Justice Sandra Day O'Connor, the court's first female member, died Friday at 93, according to the court. Justice O'Connor's position at the ideological center of the court gave her outsized influence in controversial cases during her 25-year tenure.
November 30, 2023
Norfolk Southern Asks Justices To Undo STB Immunity Ruling

Norfolk Southern Railway Co. has petitioned the U.S. Supreme Court seeking review of a Surface Transportation Board opinion that found the rail giant lacks authority to control a Virginia railway and, therefore, has no immunity against antitrust claims, telling the justices a D.C. Circuit panel concocted its own reasoning for upholding the federal agency's "prior authorization" rule.
November 30, 2023
SEC Waives $40M Fine For Mallinckrodt In Medicaid Scheme

The U.S. Securities and Exchange Commission announced Thursday that it has waived a $40 million civil penalty against pharmaceutical company Mallinckrodt for overcharging Medicaid for one of its flagship drugs, saying the agency considered Mallinckrodt's financial condition and settled its claims on the company's commitment to retain a compliance consultant.
November 30, 2023
GOP Slams Validator Choice In Pending GHG Disclosure Rule

Republican lawmakers on Thursday slammed the Biden administration for proposing the use of a foreign validation organization as part of a pending rule requiring federal contractors to report their greenhouse gas emissions, alleging contracts could be derailed by the group with effectively no recourse.
November 30, 2023
Copter Co. Calls Forest Service's Terms Impossible To Meet

A Michigan aviation company has asked the U.S. Court of Federal Claims to rule on its challenge to the terms of a solicitation seeking former military helicopters to fight forest fires, saying bidders are effectively being asked to violate federal law.
November 30, 2023
Navajo-IHS Dispute Paused Pending Supreme Court Ruling

An Arizona federal judge has stayed a Navajo health care organization's lawsuit accusing the Indian Health Service of skipping out on its obligation to cover overhead costs, saying the U.S. Supreme Court will review a similar case in 2024.
November 30, 2023
MOVEit Hack MDL Needs 'Structure,' Judge Tells Atty Gaggle

A federal district judge tapped to oversee the multidistrict litigation in a massive data breach involving Progress Software Corp.’s MOVEit transfer program told dozens of lawyers in a packed Massachusetts courtroom Thursday that she plans to choose class leaders by the beginning of January.
November 30, 2023
Dem Legislators Press TransDigm For Defense Pricing Data

Two Democratic lawmakers pressed defense contractor Transdigm Group Inc. to further explain how it charges the Pentagon for defense parts, saying Thursday that the company needed to do more to show it wasn't price-gouging the U.S. Department of Defense on needed materials.
November 30, 2023
Citi Owed $183M In Tax Breaks From '80s, Claims Court Says

Citigroup is entitled to nearly $183 million in tax deductions in a dispute over its predecessor's accounting of excess liabilities that belonged to a failing bank acquired during the 1980s savings and loan crisis, the U.S. Court of Federal Claims said.

Editor's Picks

The Latest On Escobar's FCA Impact

Federal courts across the country are handing down important rulings interpreting the U.S. Supreme Court’s landmark decision on False Claims Act liability in Universal Health Services v. Escobar. As the rulings keep pouring in, stay up to speed on Law360’s latest coverage and analysis of Escobar’s impact.

Expert Analysis

Series

Writing Thriller Novels Makes Me A Better Lawyer

Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.
What Lawyers Must Know About Calif. State Bar's AI Guidance

Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.
Industry Must Elevate Native American Women Attys' Stories

The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.
Understanding Discovery Obligations In Era Of Generative AI

Excerpt from Practical Guidance

Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.
The Case For Post-Bar Clerk Training Programs At Law Firms

In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.
Contracts Disputes Recap: Be Mindful Of Termination Clauses

Edward Arnold and Sarah Barney at Seyfarth examine three recent rulings — one from the U.S. Court of Federal Claims and two from the Armed Services Board of Contract Appeals — that highlight the termination clause as one of the most potent remedy-granting contract clauses.
2 HHS Warnings Highlight Anti-Kickback Risks For Physicians

Two recent advisory opinions issued by the U.S. Department of Health and Human Services' Office of Inspector General involve different scenarios and rationales, but together they illustrate the OIG's focus on and disapproval of contractual joint ventures and other revenue-maximizing physician arrangements, say Robert Threlkeld and Elliott Coward at Morris Manning.
Attorneys Have An Ethical Duty To Protect The Judiciary

The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.
Best Practices For Defense Tech Startup Financing

Navigating the expanding and highly regulated defense technology sector requires careful planning and execution, starting at incorporation, so startups should prepare for foreign investor issues, choose their funding wisely and manage their funds carefully, say attorneys at WilmerHale.
AI Can Help Lawyers Overcome The Programming Barrier

Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.
Looking For Defense Contract Appeal Trends In Annual Report

A deep dive into the Armed Services Board of Contract Appeals annual report for the 2023 fiscal year reveals increases in the number of cases filed, pending motions and expedited or accelerated cases, while the board disposed of fewer cases than in prior fiscal years, say Scott Flesch and Alexandra Prime at Miller & Chevalier.
Preparing Law Students For A New, AI-Assisted Legal World

As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.
SolarWinds Ushers In New Era Of SEC Cyber Enforcement

The U.S. Securities and Exchange Commission's recent lawsuit against software company SolarWinds Corp. and its chief information security officer is the first time the SEC has ever filed suit over scienter-based fraud involving cybersecurity failures, illustrating that both companies and CISOs need to be extra cautious in how they describe their cybersecurity practices, say attorneys at Jenner & Block.
Bid Protest Spotlight: Instructions, Jurisdiction, Scrutiny

In this month's bid protest roundup, Michaela Thornton at MoFo examines three recent protests resolved in the U.S. Court of Federal Claims and the U.S. Government Accountability Office that arose from indefinite-delivery, indefinite-quantity contract awards and offer important reminders about the fundamentals of procurement law.
General Counsel Need Data Literacy To Keep Up With AI

With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.