Government Contracts

  • February 14, 2024

    GOP Senator Wants Confirmation Hearing On Labor Secretary

    Sen. Bill Cassidy, R-La., called on the Senate Committee on Health, Education, Labor and Pensions to hold another hearing on the nomination of Julie Su to the position of secretary of labor, arguing that Su's record as acting secretary deserves public scrutiny.

  • February 14, 2024

    'Vague' Offer Fails To Win Feds Another Try At $103.5M IT Deal

    A Court of Federal Claims judge rejected the Federal Trade Commission's bid to revisit a challenged $103.5 million information technology deal, saying the agency didn't justify going back on its agreement to pause the contract while the case is resolved.

  • February 14, 2024

    'Post Hoc' Args Doom Army Defense Of $11.5M Enviro Fix Deal

    The U.S. Government Accountability Office has sustained a Florida construction company's protest of an $11.5 million environmental remediation services deal for the U.S. Army Corps of Engineers, backing the company's claim the agency made unreasonable adjustments to its proposed cost.

  • February 14, 2024

    DOD Boosts Domestic Content Requirements For Contractors

    The U.S. Department of Defense finalized a rule Wednesday implementing the Biden's administration's increased domestic content requirements into its acquisition regulations, including DOD-specific requirements such as exceptions for countries in mutual defense trade deals with the U.S.

  • February 14, 2024

    Feds, Power Line Developer Decry Tribes' Suit As 'Too Late'

    The federal government and SunZia Transmission LLC, the developer of a 550-mile power line, urged an Arizona federal judge Tuesday to deny a request from tribes and conservations groups for a preliminary injunction halting the project's construction, saying they waited too long to make their challenge.

  • February 14, 2024

    Pentagon Rule Aims To Cut Iranian Fuel From Overseas Ops

    A proposed rule posted Wednesday by the U.S. Department of Defense would put contractors on the hook to prove that fuel they provide for military operations overseas was not sourced from prohibited countries such as Iran.

  • February 14, 2024

    Gen Digital Says FCA Suit Award Was Raised $16M Too Far

    Gen Digital Inc. urged a D.C. federal judge Tuesday to reduce the $53 million judgment he recently increased from an initial $1.6 million award in a whistleblower False Claims Act case, saying he wrongly included some sales in his calculations.

  • February 14, 2024

    Patterson Earnhart Names Equity Partners, Opens Wis. Office

    Native American law firm Patterson Earnhart Real Bird & Wilson LLP has announced two new equity partners, one of whom will lead a new office in Wisconsin.

  • February 13, 2024

    Indian Satellite Co. Wants Justices' View On US Courts' Purview

    The Ninth Circuit erred in ruling it had no jurisdiction over a commercial division of an Indian space agency and, therefore, could not enforce a $1.3 billion arbitral award, an Indian satellite company said in its request to stay the ruling while it takes the matter up with the U.S. Supreme Court.

  • February 13, 2024

    Planned Parenthood Says Immunity Ignored In FCA Case

    Planned Parenthood told the Fifth Circuit that a district court's bases for rejecting its immunity defenses should be rejected, in its opening brief in its appeal in a False Claims Act suit that accuses the group of improperly billing Medicaid programs in Texas and Louisiana for millions after losing its Medicaid credentials.  

  • February 13, 2024

    CMS Must Rethink $4M Training Contract Award, GAO Rules

    The Centers for Medicare & Medicaid Services will have to reconsider a contract it awarded to a public relations firm after the U.S. Government Accountability Office sustained all four aspects of a competitor's protest over how their bids were evaluated.

  • February 13, 2024

    COVID Watchdogs Unclear On Whistleblower Rules, GAO says

    Of the three COVID-19 oversight bodies responsible for handling complaints from contractor and grantee whistleblowers, only one believes that whistleblowers are clearly protected from retaliation under the law, the U.S. Government Accountability Office said in a report Tuesday.

  • February 13, 2024

    Judge Orders Revival Of Improperly Canceled Air Force Deal

    The U.S. Air Force must revive a solicitation for a refueling tanker console, the U.S. Court of Federal Claims ordered, agreeing with a bidder that the service hadn't met a condition to cancel the deal.

  • February 13, 2024

    Fed. Circ. Won't Revive Abstract Return Mail Patent

    Alabama-based Return Mail Inc. has failed to persuade the Federal Circuit that its patent for processing undeliverable mail meets patent eligibility requirements, according to a Tuesday order.

  • February 13, 2024

    Mass Arrests In NYC Housing Bribe Case Trouble Attys

    An anti-corruption crackdown targeting New York City public housing workers accused of taking bribes for contract work is raising eyebrows among defense lawyers, who critiqued what they saw as a heavy-handed approach even as many envision quick, favorable resolutions.

  • February 13, 2024

    Tribes Seek Split Arguments In High Court Healthcare Dispute

    Two Native American tribes are asking the U.S. Supreme Court to allow them to separately argue their positions in seeking to uphold rulings that ordered the federal government to reimburse them millions in administrative healthcare costs, adding that the issues presented in the case are at the core of their ability to perform a critical service on their reservation lands.

  • February 13, 2024

    Fluor Fights FCA's Legality In Bid To Escape Fraud Suit

    Fluor Corp. pressed the South Carolina federal court to knock out a False Claims Act suit by former military officers, arguing that the law supporting the entire case unconstitutionally vests private citizens with government powers.

  • February 13, 2024

    Convicted NC Doctor Can't Get Recordings From Prosecutors

    A North Carolina federal judge on Tuesday rejected a doctor's attempt to force prosecutors to turn over recorded phone calls with a telemedicine provider, finding that the requested materials weren't relevant and that she was trying to "manufacture" a way to have her fraud conviction overturned.

  • February 13, 2024

    Officer Says He Was Denied Work Due To Race, Med. Pot Use

    A Connecticut police officer who was injured in training says he was wrongfully denied disability retirement and was unable to secure administrative work after injuring his neck, experiencing discrimination based on his race and ethnicity as well as his physical disability.

  • February 13, 2024

    Ex-IRS Contractor Appeals 5-Year Sentence For Tax Info Leak

    A former IRS contractor sentenced to five years in prison for stealing and leaking former President Donald Trump's tax returns — and those of thousands of other wealthy people — to the media told a D.C. federal court he will appeal his final judgment.

  • February 13, 2024

    Fox Rothschild Beefs Up Government Contracts Team In DC

    Fox Rothschild LLP has added an experienced government contracts attorney from Sheppard Mullin Richter & Hampton LLP to its Washington, D.C., office.

  • February 13, 2024

    Government Contracts Group Of The Year: Seyfarth

    Seyfarth Shaw LLP continues to defend a historic $367 million award it secured for the city of Anchorage, Alaska — one of the largest monetary judgments ever entered against the U.S. government in a contract dispute — landing the firm among Law360's 2023 Government Contracts Groups of the Year.

  • February 13, 2024

    Blocked Emails No Excuse For Missed Deadline, GAO Says

    The National Geospatial-Intelligence Agency reasonably eliminated a Virginia consulting company's bid for a $71.1 million task order because it did not receive the company's emailed revisions by a deadline, the U.S. Government Accountability Office ruled, even though the agency's cybersecurity software blocked the emails.

  • February 12, 2024

    GAO Says Ambiguity Protest Too Late In HHS Comms Deal

    A Virginia-based communications firm lost out on a marketing contract for the U.S. Department of Health and Human Services after the U.S. Government Accountability Office ruled that it had not provided a required rate agreement in its quote.

  • February 12, 2024

    Pa. Judge Won't Certify Class In Juvenile Facility Abuse Suit

    A Pennsylvania federal judge has declined to certify a proposed class of former residents of juvenile facilities operated by Abraxas Youth and Family Services who claim to have suffered mental, physical or sexual abuse between 2000 and the present, saying "fact-finding mini-trials" would be needed to adequately identify members.

Expert Analysis

  • ASBCA Ruling May Pave Way For Pandemic-Related Claims

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    The Armed Services Board of Contract Appeals’ recent decision that the government failed to meet its evidentiary burden when it sought dismissal under the sovereign acts doctrine offers hope to contractors and subcontractors that faced performance challenges resulting from the COVID-19 pandemic, say Edward Arnold and Zachary Jacobson at Seyfarth.

  • Opinion

    White Collar Plea Deals Are Rarely 'Knowing' And 'Voluntary'

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    Because prosecutors are not required to disclose exculpatory evidence during plea negotiations, white collar defendants often enter into plea deals that don’t meet the U.S. Supreme Court’s “knowing” and “voluntary” standard for trials — but individual courts and solutions judges could rectify the issue, says Sara Kropf at Kropf Moseley.

  • EEO-1 Ruling May Affect Other Gov't Agency Disclosures

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    By tightly construing a rarely litigated but frequently asserted term, a California federal court’s ruling that the Freedom of Information Act does not exempt reports to the U.S. Department of Labor on workplace demographics could expand the range of government contractor information susceptible to public disclosure, says John Zabriskie at Foley & Lardner.

  • 2 SEC Orders Illuminate Bribery Risks For US-China Cos.

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    The U.S. Securities and Exchange Commission’s foreign bribery-related resolutions with 3M and Clear Channel offer important takeaways on compliance risks for companies with operations in China, from the role of traditionally low-risk vendors to gaps in internal accounting controls, say attorneys at Miller & Chevalier.

  • The Legal Industry Needs A Cybersecurity Paradigm Shift

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    As law firms face ever-increasing risks of cyberattacks and ransomware incidents, the legal industry must implement robust cybersecurity measures and privacy-centric practices to preserve attorney-client privilege, safeguard client trust and uphold the profession’s integrity, says Ryan Paterson at Unplugged.

  • 5 Reasons Associates Shouldn't Take A Job Just For Money

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    As a number of BigLaw firms increase salary scales for early-career attorneys, law students and lateral associates considering new job offers should weigh several key factors that may matter more than financial compensation, say Albert Tawil at Lateral Hub and Ruvin Levavi at Power Forward.

  • Contract Disputes Recap: Jurisdictional Challenges

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    Stephanie Magnell and Bret Marfut at Seyfarth examine three recent cases illustrating that, on top of being comprehensive and well-considered, claims submitted to contracting officers must be prepared to withstand future government motions to dismiss appeals for lack of jurisdiction.

  • New SDNY Whistleblower Program May Be A Game-Changer

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    A new pilot program in the U.S. Attorney’s Office for the Southern District of New York promises to immunize from prosecution certain individuals who blow the whistle on financial crimes and corruption, and if similar self-disclosure programs are any indication, this significant new policy may measurably increase white collar investigations, say attorneys at Paul Hastings.

  • Series

    Playing Competitive Tennis Makes Me A Better Lawyer

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    My experience playing competitive tennis has highlighted why prioritizing exercise and stress relief, maintaining perspective under pressure, and supporting colleagues in pursuit of a common goal are all key aspects of championing a successful legal career, says Madhumita Datta at Lowenstein Sandler.

  • Series

    The Pop Culture Docket: Judge Djerassi On Super Bowl 52

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    Philadelphia Court of Common Pleas Judge Ramy Djerassi discusses how Super Bowl 52, in which the Philadelphia Eagles prevailed over the New England Patriots, provides an apt metaphor for alternative dispute resolution processes in commercial business cases.

  • Ex-OpenSea Staffer Case May Clarify When Info Is Property

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    In considering the appeal of a former OpenSea manager’s wire fraud conviction in U.S. v. Chastain, the Second Circuit may soon provide guidance about whether economic information is traditional property in certain insider trading prosecutions — a theory of fraud that the U.S. Supreme Court has repeatedly narrowed, say attorneys at Debevoise.

  • Takeaways From SEC's Aggressive Cybersecurity Moves

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    The U.S. Securities and Exchange Commission's intensifying policy on cybersecurity and securities violations in the wake of a data breach — like its enforcement action against SolarWinds and its security officer — has emboldened shareholders to file related suits, creating a heightened threat to public companies, say attorneys at Baker McKenzie.

  • Bid Protest Spotlight: Supplementation, Conversion, Rejection

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    In this month's bid protest roundup, Lyle Hedgecock and Michaela Thornton at MoFo discuss recent cases highlighting how the U.S. Government Accountability Office and the U.S. Court of Federal Claims consider supplementation of the record and an agency’s attempt to convert a sealed bid opportunity into a negotiated procurement, as well as an example of precedential drift.

  • Staying Ahead Of The AI Policymaking Curve

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    With artificial intelligence poised to be the hottest legislative and regulatory topic in 2024, expect the AI policymaking toolbox to continue to expand and evolve as stakeholders in the U.S. and abroad develop, deploy, use and learn more about these technologies, say attorneys at Hogan Lovells.

  • Employee Experience Strategy Can Boost Law Firm Success

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    Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.

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