Government Contracts

  • February 01, 2024

    5 Mass. Rulings You Might Have Missed In January

    Massachusetts justices in Suffolk County's Business Litigation Session weighed in on the impact of a major ruling involving Robinhood Financial, a proposed class action on overdraft fees charged by a credit union, and two pandemic-related cases. Here are five January decisions that might have flown under the radar.

  • February 01, 2024

    Michigan Co. To Pay $5M To Resolve Army Overcharge Claims

    A Michigan company will pay $5 million to the U.S. government to resolve a former employee's whistleblower claims it overstated pricing data for subcontractor work in a deal to manufacture armored vehicle upgrades for the U.S. Army, federal prosecutors announced.

  • February 01, 2024

    Fla. Nursing Home Mogul Reaches Plea Deal With Feds

    Florida nursing home mogul Philip Esformes, whose conviction on various healthcare fraud-related charges was left alone by the U.S. Supreme Court, has reached a plea deal with prosecutors on pending healthcare fraud charges against him, a Florida federal court revealed Thursday.

  • January 31, 2024

    Contractors In GOP States To Face Brunt Of Pay Equity Plan

    A proposed rule to improve pay equity for employees of federal contractors will likely result in significant changes to contractors' hiring practices especially in southern and Midwestern states, while its broad scope could catch some smaller contractors and subcontractors unaware.

  • January 31, 2024

    Unions Tell 5th Circ. Biden Can Raise Contractors' Wages

    A group of unions told the Fifth Circuit on Wednesday that better pay makes workers more efficient and President Joe Biden was therefore within his rights under federal law to set a $15-per-hour minimum wage for federal contractors.

  • January 31, 2024

    NASA's Pricey Pick For $60M Deal Was 'Rational,' Judge Says

    The U.S. Court of Federal Claims backed a $60.3 million NASA deal for technical workforce education and training, finding that the agency rationally assessed each company's proposal and reasonably decided that a protester's cheaper bid wasn't worth its risks.

  • January 31, 2024

    Drowned Dredging Worker's Widow Hits Feds With $4M Suit

    The Army Corps of Engineers' failure to properly ensure safe working conditions for workers contracted to dredge the Delaware River led to the death of a man who fell from an elevated work platform and drowned, according to a $4 million suit by the man's widow.

  • January 31, 2024

    Renewable Lumber Biz Can Tap $12M Of DIP For Ch. 11 Plan

    Renewable lumber producer Restoration Forest Products Group LLP received interim approval from a Delaware bankruptcy judge on Wednesday for its $93.3 million debtor-in-possession loan, keeping it on track to confirm a prepackaged Chapter 11 plan in March.

  • January 31, 2024

    US Tells Fed. Circ. Greece's $23M Arms Sale Suit Was Late

    Federal attorneys urged the Federal Circuit against reviving the Greek government's $23 million lawsuit over a decades-old arms sale, saying the claims court correctly determined that Greece had waited too long to file the case.

  • January 31, 2024

    Fla. Man Avoids Jail In Telemedicine Fraud Suit

    A Florida resident did not receive prison time during a federal court hearing Wednesday and instead was sentenced to a period of supervised release for his role in a company that prosecutors say was built to scam insurers into paying millions of dollars for prescriptions that patients didn't need.

  • January 31, 2024

    Lab Exec Gets 10 Years For $234M Medicare Fraud Scheme

    The operator of a California clinical testing laboratory was sentenced to 10 years in prison for his involvement in a scheme to fraudulently bill Medicare for about $234 million after he'd been banned from participating in the program due to prior convictions.

  • January 30, 2024

    Ex-Pfizer Compliance Officer Revamps Whistleblower Suit

    A former Pfizer compliance officer said he endured harassment and discrimination before being fired in retaliation for reporting the pharmaceutical giant to the U.S. Securities and Exchange Commission over concerns that it was potentially violating the Foreign Corrupt Practices Act, according to an amended complaint filed in California federal court.

  • January 30, 2024

    CDC Patent Apps Lead Gilead To Victory In HIV Research Feud

    The Centers for Disease Control and Prevention's repeated citation of research for HIV prevention treatments in its patent applications was key to the U.S. Court of Federal Claims concluding the government violated contracts with research partner Gilead, according to an opinion unsealed Tuesday.

  • January 30, 2024

    Pharmacy Knew Conn. Kickbacks Broke Law, Founder Testifies

    The owners of a compounding pharmacy at the center of an $11 million drug kickback case knew that it was illegal to make payments to patients who got their prescriptions filled and recruited other customers, a Connecticut state court judge heard Tuesday before striking the witness testimony from the record.

  • January 30, 2024

    New Report Says ICE's Digital Monitoring Of Migrants Soaring

    The number of migrants subject to digital surveillance under a U.S. Immigration and Customs Enforcement program has skyrocketed since the program's inception, according to a report released Tuesday, which revealed that figure tripled between 2021 and 2022 alone.

  • January 30, 2024

    Holtec, Firm Fined $5M Over NJ Tax Credit Applications

    A New Jersey-based energy technology company and a real estate firm are avoiding criminal prosecution for unlawfully exploiting a state tax incentive program by agreeing to pay $5 million in penalties and be monitored in future applications for state benefits, the state attorney general announced Tuesday.

  • January 30, 2024

    Gov't Contracts Of The Month: Satellites And AI Fighter Jets

    The federal government opened the new year with contracts seeking various military satellite capabilities, all while the U.S. Air Force pushed forward its $5.8 billion campaign for a fleet of autonomous military aircraft. These are Law360's most significant contracts in January.

  • January 30, 2024

    Missing Clearance Dooms Protest Over $57M Navy Deal

    The U.S. Government Accountability Office has tossed a protest over an option issued under a $56.9 million task order for Navy parachute training, saying that the protester's lack of a required security clearance meant the challenge was effectively futile.

  • January 30, 2024

    3rd Florida Resident Charged In $9M Medicare Scheme

    A third Florida resident has been charged in connection with a scheme to send fraudulent medical invoices to Medicare to bilk about $9 million from the healthcare program, Manhattan federal prosecutors said Tuesday.

  • January 30, 2024

    4th Circ. Revives Combat IP Theft Suit Against Israeli Co.

    The Fourth Circuit on Tuesday revived an American combat training company's trade secret theft lawsuit against an Israeli company, its U.S. affiliate, a military officer and the Israeli Ministry of Defense, finding the trial court wrongly relied on a prior judgment, which didn't address the Delaware-based affiliate.

  • January 30, 2024

    Allergan Asks 9th Circ. To Ignore Atty's Claims Of Fraud

    Allergan has urged the Ninth Circuit to uphold a California federal court's decision to toss a suit from a patent litigator concerning claims of fraudulently landing dementia drug patents, arguing that the conduct has been publicly disclosed, and that the litigator did not bring any new information to the appeal.

  • January 30, 2024

    Feds Say Talks Preferred In Wis. Tribal Roads Trespass Suit

    The federal government has said it prefers a negotiated resolution with a northern Wisconsin town that allows it to remain part of a tribal road system, but if an agreement can't be reached, it will continue to pursue trespassing claims and past damages against the municipality.

  • January 30, 2024

    Tribe's Repeat Default Bids Disrespect Court, Blue Cross Says

    Blue Cross Blue Shield of Michigan says a Native American tribe's third request for a default win in its suit alleging the insurer overcharged for tribe members' care is disrespectful and constitutes a continued violation of a court order for the tribe to identify members involved in the insurance plan.

  • January 30, 2024

    Justices Urged To Review Nix Of FCA Sanction Evasion Suit

    A Wyoming company urged the U.S. Supreme Court to look into whether lower courts and the U.S. Department of Justice unlawfully snubbed its allegations that London's Standard Chartered Bank cleared roughly $56 billion in violation of U.S. sanctions targeting Iran.

  • January 29, 2024

    Colo. Justices Ground County's Airport Noise Case

    The Colorado Supreme Court said Monday a county waited decades too long to sue neighboring Denver over a noise-monitoring agreement for the Denver International Airport, finding in a unanimous opinion that the county knew about an alleged breach in 1995 and can't wait until it got unfavorable data to sue.

Expert Analysis

  • Looking For Defense Contract Appeal Trends In Annual Report

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    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

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    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

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    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

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    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

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    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.

  • A Look At Successful Bid Protests In FY 2023

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    Attorneys at Sheppard Mullin look beyond the statistics in the U.S. Government Accountability Office’s recent annual report on bid protests, sharing their insights about nine categories of sustained protests, gained from reading every fiscal year 2023 decision in which the protester had a positive result.

  • Navigating Discovery Of Generative AI Information

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    As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.

  • Finding Focus: Strategies For Attorneys With ADHD

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    Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.

  • AI Use May Trigger False Claims Act's Public Disclosure Bar

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    The likely use of publicly available artificial intelligence tools to detect government fraud by combing through large data sets will raise complex questions about a False Claims Act provision that prohibits the filing of claims based on previously disclosed information, say Nick Peterson and Spencer Brooks at Wiley Rein.

  • Biden Climate Push Expands With Contractor GHG Focus

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    President Joe Biden's recent announcement that federal agencies will consider contractors' greenhouse gas emissions when making procurement decisions demonstrates his administration's continued interest in using government contracting as a vehicle for reducing climate-related impacts — a theme first established in the early months of his term, say attorneys at Winston & Strawn.

  • Unpacking GAO's FY 2023 Bid Protest Report

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    The U.S. Government Accountability Office's recent bid protest report reflects an increase in sustained protests, illustrating that disappointed offerors may see little reason to refrain from seeking corrective action — but there is more to the story, say Aron Beezley and Patrick Quigley at Bradley Arant.

  • How Biden's AI Order Stacks Up Against Calif. And G7 Activity

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    Evaluating the federal AI executive order alongside the California AI executive order and the G7's Hiroshima AI Code of Conduct can offer a more robust picture of key risks and concerns companies should proactively work to mitigate as they build or integrate artificial intelligence tools into their products and services, say attorneys at Jenner & Block.

  • A Closer Look At Proposed HHS Research Misconduct Rule

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    The U.S. Department of Health and Human Services' proposed updates to its policies on research misconduct codify many well-known best practices, but also contain some potential surprises for the research community and counsel, say attorneys at Hogan Lovells.

  • Attorneys, Law Schools Must Adapt To New Era Of Evidence

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    Technological advancements mean more direct evidence is being created than ever before, and attorneys as well as law schools must modify their methods to account for new challenges in how this evidence is collected and used to try cases, says Reuben Guttman at Guttman Buschner.

  • Suspension And Debarment: FY 2023 By The Numbers

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    A comparative analysis of System for Award Management data, culminating with fiscal year 2023, reveals a year-over-year drop in annual suspension and debarment numbers so significant as to leave the government contracting community trying to figure out what is happening, says David Robbins at Jenner & Block.

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