Government Contracts

  • 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.

  • February 12, 2024

    Library Of Congress Must Revisit $450M Software Deal

    The U.S. Government Accountability Office has backed protests by Deloitte and another company over $450 million in Library of Congress software development contracts, saying the agency made several errors in how it assessed and compared bids.

  • February 12, 2024

    Colo. Oil Co. Can't Halt Regulators' New Enforcement Efforts

    A Colorado state judge has ruled that his order freezing state oil regulators' actions against K.P. Kauffman Co. Inc. does not stop officials from future enforcement against the oil and gas company.

  • February 12, 2024

    Feds Argue Immunity Again, Post-Discovery, In Flint Lead Case

    The federal government is urging a Michigan federal judge to dismiss claims from Flint residents challenging the Environmental Protection Agency's response to lead exposure that began in 2014, saying that because the agency's decisions were discretionary and subject to policy review, the government has immunity under an exception to the Federal Tort Claims Act.

  • 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.

Expert Analysis

  • 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.

  • 4 Questions On Groundbreaking New Foreign Bribery Law

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    The recently enacted Foreign Extortion Prevention Act will significantly alter the anti-corruption landscape under U.S. law by allowing prosecutors to pursue foreign officials for soliciting or accepting bribes, but it’s not yet clear how the statute will be used and by whom, say attorneys at K&L Gates.

  • OIG Report Has Clues For 2024 Healthcare Fraud Enforcement

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    A recent report from the Health Department's Office of the Inspector General reveals healthcare fraud and abuse enforcement trends that will continue in 2024, from increased telehealth oversight to enhanced policing of managed care, say attorneys at Sheppard Mullin.

  • 7 E-Discovery Predictions For 2024 And Beyond

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    The legal and technical issues of e-discovery now affect virtually every lawsuit, and in the year to come, practitioners can expect practices and policies to evolve in a number of ways, from the expanded use of relevancy redactions to mandated information security provisions in protective orders, say attorneys at Littler.

  • DOD's Proposed Cyber Rule: What Contractors Must Know

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    A review of the U.S. Department of Defense's recently published Cybersecurity Maturity Model Certification proposed rule, requiring independent third-party cybersecurity assessments for many defense contractors, suggests that there will be a competitive advantage to prompt demonstration of full compliance with the rule, says Robert Metzger at Rogers Joseph.

  • Tips For Contractors Preparing For Potential Gov't Shutdown

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    With elements of the Congress’ latest continuing resolution expiring on Jan. 19, companies that may be fatigued by preparing for potential shutdown after potential shutdown should consider the current political climate and take specific steps now, say attorneys at Miller & Chevalier.

  • 2 FCPA Settlements Illuminate Self-Disclosure, Disgorgement

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    Two of last year’s Foreign Corrupt Practices Act settlements — with biomedical company Lifecore and mining company Corsa Coal — suggest that the government will be much more flexible in negotiating disgorgement amounts if an entity voluntarily self-discloses misconduct, say Michael Gilbert and Lucas Amodio at Sheppard Mullin.

  • Opinion

    Anti-Kickback Statute Does Not Require But-For Causation

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    A proper interpretation of the Anti-Kickback Statute clearly indicates that but-for causation is not required for False Claims Act Liability, and courts that hold otherwise will make it significantly easier for fraudsters to avoid accountability, says Kenneth Capesius at Baron & Budd.

  • 5 Litigation Funding Trends To Note In 2024

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    Over the next year and beyond, litigation funding will continue to evolve in ways that affect attorneys and the larger litigation landscape, from the growth of a secondary market for funded claims, to rising interest rates restricting the availability of capital, says Jeffery Lula at GLS Capital.

  • Lessons From DOJ's Handling Of Rare Medicare Fraud Case

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    The U.S. Department of Justice's recent indictment against HealthSun sheds light on the relatively rare circumstances in which the agency may pursue criminal charges for fraud involving Medicare Advantage, but its subsequent decision not to prosecute shows that compliance efforts can mitigate penalties, say attorneys at WilmerHale.

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