Government Contracts

  • February 12, 2024

    Tenn. Dept. Settles Claims It Ignored Kids' Citizenship Options

    A Tennessee federal court on Monday approved a settlement requiring Tennessee's Department of Children's Services to ensure undocumented children in its care can timely pursue legal status, resolving allegations the department irresponsibly let children age out of a special pathway to citizenship.

  • February 12, 2024

    NY Judge Keeps Navy Contract Trade Secrets Suit Alive

    A New York federal judge partially upheld a trade secrets case against L3 Harris Cincinnati Electronics Corp., finding that BAE Systems plausibly alleged that it was cut out of a government contract for naval defense technology after sharing its proprietary information.

  • February 12, 2024

    Government Contracts Group Of The Year: Hogan Lovells

    Hogan Lovells convinced the U.S. Government Accountability Office that a $1 billion contract for services supporting the Office of Refugee Resettlement's program for unaccompanied children was awarded based on a flawed evaluation, making it one of Law360's 2023 Government Contracts Practice Groups of the Year.

  • February 12, 2024

    Jury Convicts 3 Of $7.9M COVID Aid Fraud Scheme

    A Manhattan federal jury convicted three people of perpetrating a scheme to bilk $7.9 million from the U.S. Small Business Administration through COVID-19 relief applications submitted in other people's names.

  • February 12, 2024

    Fla. Atty Wants $300K COVID Relief Fraud Conviction Axed

    A Florida attorney convicted of conspiring to defraud a U.S. coronavirus pandemic relief program has asked a Georgia federal judge to vacate the jury's guilty verdict and either acquit her or order a new trial, arguing the government violated her due process rights by not submitting sufficient evidence to prove her guilt.

  • February 12, 2024

    Newman Cleared To Fight Law In DC, But Not Suspension

    U.S. Circuit Judge Pauline Newman may challenge the law she has been suspended under, but she cannot get an injunction that would allow her to hear cases on the Federal Circuit again, nor fight how the law has been directly applied to her, a D.C. federal judge said Monday.

  • February 09, 2024

    House Dems Press Army For Data On Ammo Production Deal

    Two House Democrats raised concerns Thursday that the U.S. Army wasn't tracking ammunition produced in a government-owned, contractor-run plant, saying without proper oversight, ammunition in that plant could wind up in the hands of a mass shooter.

  • February 09, 2024

    SunZia Line Developer To Argue Against DOI Injunction Bid

    The developer of the proposed SunZia Southwest Transmission Project can intervene in litigation seeking to halt construction of its 550-mile powerline, a federal district court ruled, saying that disposing of the motion may impair the company's ability to protect its interests.

  • February 09, 2024

    Conn. Port Authority Cleared After 'Success Fee' Probe

    A four-year investigation sparked by allegations that the Connecticut Port Authority paid an improper "success fee" to a contractor has ended after a handful of referrals for ethical breaches and lobbying misconduct, but the fee itself was legal and no other action is forthcoming, the state's attorney general has announced.

  • February 09, 2024

    Fed. Circ. Disputes Newman's Filing Alleging Listserv Cut

    In response to Federal Circuit Judge Pauline Newman's filing alleging she has been cut from the circuit's judicial listserv, the other circuit judges on Friday told the court overseeing her lawsuit challenging her suspension that they "dispute both the accuracy and relevance of those legal and factual points" in her brief.

  • February 09, 2024

    Biden Admin. Seeks Suppliers For Major Clean Energy Deals

    The Biden administration is looking for contractors to provide clean electricity to civilian and defense agencies in the mid-Atlantic and Midwest states for what it says will be one of the federal government's "largest-ever clean electricity purchases."

  • February 09, 2024

    Fed. Circ. Backs Gov't Win In Fla. University's Patent Dispute

    A Federal Circuit panel has affirmed the rejection of a Florida university's infringement suit against the U.S. government over its patent on lab mice used to study Alzheimer's disease, ruling the 1980 law governing patents developed through federally funded research can apply to work that predates a funding agreement.

  • February 09, 2024

    Fed. Circ. Suggests Smiley Face Could Replace Mail Patent

    A Federal Circuit panel on Friday appeared doubtful that a patent for processing undeliverable mail covers patent-eligible subject matter, with one judge saying a smiley face printed on a piece of mail could theoretically do the same thing.

  • February 09, 2024

    Government Contracts Group Of The Year: Covington

    Successfully defending against a bid protest over the U.S. Army's award of an $8 billion contract for helicopter development, Covington & Burling LLP's government contracts team was able to secure the "largest and most complex competitive procurement" in Army aviation history for Bell Textron, earning the firm a place among Law360's 2023 Government Contracts Groups of the Year.

  • February 09, 2024

    FCRA Immunity Waiver Ruling Tees Up Compliance Frenzy

    A U.S. Supreme Court ruling that the Fair Credit Reporting Act waives federal agencies' immunity from lawsuits will not only open the door to more litigation against government lenders but may also trigger housecleaning to ensure that debts are correctly reported, experts told Law360.

  • February 09, 2024

    New Report Recommends IP Commercialization Task Force

    The National Advisory Council on Innovation and Entrepreneurship has told the Biden administration that it should direct the U.S. Patent and Trademark Office to create a task force to commercialize federal technology intellectual property and provide more IP incentives for federally funded research.

  • February 09, 2024

    Jordan Calls For Investigation Into DOJ's Deal With IRS Leaker

    House Judiciary Committee Chairman Jim Jordan is investigating whether federal prosecutors were politically motivated to allow the former IRS contractor who leaked former President Donald Trump's tax returns to plead guilty to a single count of illegal disclosure, calling the arrangement "a sweetheart deal."

  • February 09, 2024

    GE Aerospace To Pay $443K To End DOL Sex Bias Probe

    GE Aerospace will pay $443,000 to resolve the U.S. Department of Labor's allegations that it discriminated against women by failing to hire qualified female applicants to fill manufacturing operations associate positions in its Rutland, Vermont, facility, the agency said Friday.

  • February 08, 2024

    High Court Ruling Solidifies SOX Whistleblower Protections

    The U.S. Supreme Court's unanimous decision Thursday in favor of a UBS whistleblower has solidified whistleblower protections across a wide range of industries, with one attorney saying the ruling has made the Sarbanes-Oxley Act the most pro-employee labor law in the country.

  • February 08, 2024

    $490M FCA Verdict Against Medical Distributor Cut In Half

    A Minnesota federal judge on Thursday chopped a $490 million False Claims Act verdict against an ophthalmology distributor for making kickbacks to doctors in half, finding the compensatory damages to be "notably severe" and "grossly disproportional" to the offense under the Excessive Fines Clause.

  • February 08, 2024

    White House Patent Plan To Curb Drug Prices Draws Outcry

    A Biden administration proposal aiming to lower drug prices by using the government's authority to override patents for products developed with federal funding has drawn fierce pushback from drugmakers, universities and others who say the plan will hinder innovation.

  • February 08, 2024

    Disbarred Ex-DA Not Immune In False Felony Suit, Rival Says

    A former Colorado district attorney has urged a federal judge to keep alive his case accusing his disbarred successor and political rival of falsely charging him with felony embezzlement, while dropping some claims, arguing that absolute prosecutorial immunity or qualified immunity should not apply.

  • February 08, 2024

    Cannabis Co. Sues Colorado Regulators Over Tracking Rules

    A Colorado company that makes edible cannabis products has sued state regulators over what it describes as a confusing series of regulatory moves in recent months regarding the tracking of cannabis products and their insistence on the use of a particular tracking device through a state contractor.

  • February 08, 2024

    Watchdog Faults VA For Failing To Vet Contract Personnel

    A federal watchdog warned Thursday that the U.S. Department of Veterans Affairs was compromising the health and safety of veterans and its own personnel by failing to properly vet workers employed by contractors.

  • February 08, 2024

    Judge Newman Says She's Been Cut From Judicial Listserv

    The day after a national panel that reviews judicial misconduct affirmed Federal Circuit Judge Pauline Newman's suspension for refusing to undergo medical tests as part of a probe into her mental fitness, the judge complained Thursday that she had been taken off an email list that goes to all judges.

Expert Analysis

  • What Cos. Can Learn From 2023 Export Enforcement Report

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    A January report summarizing key actions and policy changes undertaken at the Office of Export Enforcement in 2023 is a valuable indicator of future government priorities and the factors companies should consider as they conduct export operations amid what may be a turbulent international trading environment in 2024, says Thaddeus McBride at Bass Berry.

  • Series

    Competing In Triathlons Makes Me A Better Lawyer

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    While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.

  • DOJ's Biopharma Settlement Raises Anti-Kickback Questions

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    In the aftermath of the U.S. Department of Justice's settlement with Ultragenyx over genetic testing programs, it may be prudent to reevaluate genetic tests through the lens of the Anti-Kickback Statute and reconsider whether it is proper for free testing programs to be treated like patient assistance programs, says Mary Kohler at Kohler Health Law.

  • Where Justices Stand On Chevron Doctrine Post-Argument

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    Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.

  • GAO Decision Underscores Complexity Of '180-Day Rule'

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    The Government Accountability Office's ruling last month in Washington Business Dynamics, evaluating its eligibility for a small business set-aside contract, provides an important reminder for companies to stay vigilant of developments around the evolving "180-day rule" for submitting a proposal, say Stephen Ramaley and Adam Bartolanzo at Miles & Stockbridge.

  • Perspectives

    6 Practice Pointers For Pro Bono Immigration Practice

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    An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.

  • Lessons From Country Singer's Personal Service Saga

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    Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.

  • How US Companies Can Wield The New Foreign Bribery Law

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    U.S. companies operating in high-risk markets can use the Foreign Extortion Prevention Act that passed last month to their advantage both in preventing bribe demands and in negotiating with the Justice Department to prevent prosecution or to receive cooperation credit, say attorneys at Squire Patton.

  • A Potential Proactive Tool For Public-Private Joint Ventures

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    In the current environment of heightened antitrust enforcement, the National Cooperative Research and Production Act seems tailor-made for the collaborative work among competitors encouraged by the Biden administration's infrastructure and green energy funding legislation, say Jeetander Dulani and Susan Ebner at Stinson.

  • How Gov't Use Of Suspension And Debarment Has Evolved

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    A recent report to Congress about federal agencies' suspension and debarment activities in fiscal years 2021 and 2022 shows exclusion remains a threat to government contracting businesses, though proactive engagement with suspending-and-debarring officials and alternate forms of redress are becoming more common, says David Robbins at Jenner & Block.

  • Uncharted Waters Ahead For FCA Litigation In 2024

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    Following a year of significant court decisions, settlements, recoveries and proposed amendments, 2024 promises to be a lively year for False Claims Act actions and litigation, and one that will hopefully provide more clarity as FCA jurisprudence evolves, say attorneys at Crowell & Moring.

  • What's On Tap For Public Corruption Prosecutions In 2024

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    All signs point toward another year of blockbuster public corruption prosecutions in 2024, revealing broader trends in enforcement and jurisprudence, and promising valuable lessons for defense strategy, says Kenneth Notter at MoloLamken.

  • Series

    Baking Bread Makes Me A Better Lawyer

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    After many years practicing law, and a few years baking bread, I have learned that there are a few keys to success in both endeavors, including the assembly of a nourishing and resilient culture, and the ability to learn from failure and exercise patience, says Rick Robinson at Reed Smith.

  • Federal Courts And AI Standing Orders: Safety Or Overkill?

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    Several district court judges have issued standing orders regulating the use of artificial intelligence in their courts, but courts should consider following ordinary notice and comment procedures before implementing sweeping mandates that could be unnecessarily burdensome and counterproductive, say attorneys at Curtis.

  • The 5 Most Important Bid Protest Decisions Of 2023

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    Attorneys at Bradley Arant discuss noteworthy 2023 bid protest decisions from the U.S. Court of Federal Claims and U.S. Government Accountability Office, offering perspectives on standing, document production, agency deference, System for Award Management registration requirements and mentor-protégé joint venture proposal evaluations.

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