Government Contracts

  • October 11, 2024

    DOJ Tells Judge Boeing Plea Is 'The Best The Gov't Could Do'

    The federal government told a Texas federal judge Friday that its proposed deal with The Boeing Co. over allegations that it lied to safety regulators about the 737 Max 8's development is "the best the government could do," pushing back against vehement objection from crash victims' families, who called the deal "rotten" and "morally reprehensible."

  • October 11, 2024

    Indicted NJ Power Broker Says Civil Suit Belongs In Biz Court 

    Indicted Garden State power broker George E. Norcross III has asked a New Jersey state judge to transfer the civil racketeering suit brought against him and his attorney brother by a Philadelphia developer to the state's complex business litigation program.

  • October 11, 2024

    RTX Warned By Judge Over 'Troubling' Settlement Delay

    A Massachusetts federal judge on Friday chided RTX for slow-walking the finalization of a settlement the defense contractor struck with a Connecticut company just before trial in a trade secrets dispute.

  • October 11, 2024

    Nippon To Sell JV Stake For $1 In Push To Close US Steel Deal

    Japan's Nippon Steel said Friday it has agreed to sell its stake in a 50-50 joint venture with ArcelorMittal to the European steelmaker for just $1, as Nippon seeks to address any antitrust concerns over its planned $14.9 billion acquisition of U.S. Steel.

  • October 10, 2024

    Colo. Wolf Release Challenge Loses Some Of Its Bite

    A federal judge on Thursday dismissed most claims in a lawsuit challenging Colorado environmental agencies' plan to reintroduce gray wolves from Oregon, concluding that the state's plan wasn't a major federal action, so the Colorado federal court couldn't hear the claims against the state.

  • October 10, 2024

    Debriefing Doesn't Waive Protest Deadline For Army Deal

    The U.S. Government Accountability Office has thrown out as untimely a protest over a U.S. Army fuel tank servicing order, saying simplified acquisition procedures used for the deal meant a filing deadline exception for post-award debriefings didn't apply.

  • October 10, 2024

    Most Appian Claims Survive In Pegasystems Defamation Fight

    A Massachusetts federal judge has allowed most counterclaims from business software company Appian Corp. to proceed against rival Pegasystems Inc., which accused its competitor in a lawsuit of making deliberately malicious statements and representations regarding a trade secret case the parties are litigating in Virginia.

  • October 10, 2024

    Okla. LLC Wants GSA Office Lease Award Nixed

    An Oklahoma-based company urged the U.S. Court of Federal Claims to order the U.S. government to vacate and reevaluate a 15-year Ohio office lease award that it gave to another company.

  • October 10, 2024

    Teva To Pay $450M To Settle Kickback Cases

    Pharmaceutical giant Teva will pay $450 million to settle allegations it violated the False Claims Act by fixing the prices of several generic drugs and by raising the price of a multiple sclerosis treatment while covering Medicare recipients' copays, civil prosecutors said Thursday.

  • October 10, 2024

    Sanctioned Afghan Officials Drop Suit For Treasury's Review

    Two former Afghan lawmakers withdrew their lawsuit challenging the financial and immigration restrictions they face in the U.S., while the U.S. Department of Treasury considers a request to remove the sanctions.

  • October 10, 2024

    Ex-Defense CEO Pleads Guilty To $12M Contract Fund Theft

    The former CEO of a defense contractor has pled guilty to his role in a scheme to steal $12.1 million in payments from a U.S. Air Force autonomous technology contract to cover unrelated expenses, including executives' personal expenses.

  • October 10, 2024

    Feds Say 'Buy America' Waiver In Train Project Should Stand

    The U.S. Department of Transportation's Federal Railroad Administration is urging a D.C. federal court to toss a suit alleging it wrongly waived "Buy America" requirements for a Las Vegas high-speed train project, arguing the plaintiff vendor hasn't shown it would have won the contract if the waiver hadn't been granted.

  • October 09, 2024

    Fed. Circ. May Need To Fix Contractor Registration Dilemma

    Two opposing Court of Federal Claims decisions regarding when a strict registration requirement applies to federal contractors have opened up a clash that could require the Federal Circuit's intervention to be resolved.

  • October 09, 2024

    Peruvian Telecom Co. Looks To Nix $168M Award Suit

    A Peruvian state-owned telecom is diving into D.C. federal court to tell the judge overseeing the arbitration enforcement proceedings against it that he has no right to issue a $168 million order commanding the company to pay up.

  • October 09, 2024

    Repeat Whistleblowing Led To Firing, Ex-Sikorsky Worker Alleges

    A Connecticut man who describes himself as a "well-known" whistleblower at Sikorsky Aircraft Corp. says he was illegally terminated for reporting alleged wage and hour and environmental violations to government authorities, claiming the helicopter manufacturer fired him using bogus allegations he broke into an office he was given clearance to access.

  • October 09, 2024

    Lima Urges DC Circ. To Ax $200M Awards To Ex-Odebrecht Co.

    The Peruvian city of Lima has urged the D.C. Circuit to vacate $200 million in arbitration awards secured by a former subsidiary of "corrupt" Brazilian conglomerate Odebrecht over a failed toll road construction contract, calling the construction giant "an inveterate worldwide briber."

  • October 09, 2024

    Court Affirms Waste Management Win In 'Titans Of Trash' Spat

    A Florida appeals court on Wednesday affirmed a win for Waste Management Inc. of Florida Inc. in a dispute with Bergeron Environmental and Recycling LLC over a joint venture to provide municipal trash pickup services and said the agreement's jury trial waiver was valid.

  • October 09, 2024

    State Action Doesn't Mean State Monopoly OK, Airline Says

    A Northern Mariana Islands airline urged a federal court Tuesday to preserve antitrust claims accusing a rival of using an $8 million government COVID-19 relief contract to drive it out of business, arguing the government contract doesn't convey immunity from monopolization allegations.

  • October 09, 2024

    NYC Housing Bribe Case Is 'Guilt By Association,' Jury Told

    Counsel for a New York City public housing superintendent accused of taking nearly $38,000 in bribes told a Manhattan federal jury Wednesday that the defendant is a victim of "guilt by association," kicking off the first trial after an antibribery sweep saw 70 people charged.

  • October 09, 2024

    Mozambique Targets Heirs Over 'Tuna Bond' Bribery Award

    Mozambique urged a London court on Wednesday to hold the heirs of shipbuilding magnate Iskandar Safa liable for the French-Lebanese billionaire's involvement in a bribery scheme as the country seeks to enforce a $1.9 billion damages award.

  • October 08, 2024

    Texas Looks To Sink Suit Challenging Anti-ESG Law

    Texas officials have asked a federal court to toss claims brought against them over a law restricting state investments with financial firms and businesses that want to reduce their reliance on fossil fuels, arguing they have sovereign immunity and the law doesn't violate the First Amendment.

  • October 08, 2024

    Military Health Plans Deny They Were Overpaid On DOD Deal

    Five military healthcare plan providers have asked the Maine federal court to dismiss the U.S. Department of Justice's claims that they were overpaid for healthcare services, arguing they were paid exactly what they were owed under their fixed-price contracts.

  • October 08, 2024

    Ropes & Gray Attys Chided For Wielding Excessive Footnotes

    A D.C. federal judge on Tuesday struck a summary judgment motion penned by Ropes & Gray LLP lawyers representing Vertex Pharmaceuticals in a challenge to the government's interpretation of the Anti-Kickback Statute, finding that the filing improperly employed "excessive" footnotes to circumvent page limitations.

  • October 08, 2024

    Jackson, Kagan Target Loper Bright In Ghost Gun Case

    U.S. Supreme Court Justice Ketanji Brown Jackson was uncharacteristically quiet during initial arguments Tuesday over the federal government's authority to regulate ghost guns. While her colleagues debated whether kits of unassembled parts qualify as firearms, she waited patiently to post a different question: Can courts now toss agency interpretations they don't like?

  • October 08, 2024

    GOP, Trade Groups Urge 6th Circ. To Void Highway GHG Rule

    Republican lawmakers and construction trade groups are urging the Sixth Circuit to snuff out for good a U.S. Department of Transportation rule requiring states to set targets for reducing greenhouse gas emissions from federally funded highway projects.

Expert Analysis

  • Pros And Cons Of 2025 NDAA's Space Contracting Proposal

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    The introduction of a Commercial Augmentation Space Reserve fleet in the pending 2025 National Defense Authorization Act presents a significant opportunity for space and satellite companies — despite outstanding questions, and potential risks, for operators, say attorneys at Wiley.

  • 3 Healthcare FCA Deals Provide Self-Disclosure Takeaways

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    Several civil False Claims Act settlements of alleged healthcare fraud violations over the past year demonstrate that healthcare providers may benefit substantially from voluntarily disclosing potential misconduct to both the U.S. Department of Justice and the U.S. Department of Health and Human Services, say Brian Albritton and Raquel Ramirez Jefferson at Phelps Dunbar.

  • Heading Off Officials' Errors When Awarded A Gov't Contract

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    Government contractors awarded state or local projects funded through federal programs should seek clarification of their compliance obligations, documenting everything, or risk having to defend themselves when they seek reimbursement months later, with only their word for support, says George Petel at Wiley.

  • 2nd Circ. Ruling May Limit Discovery In Int'l Arbitration

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    The Second Circuit's recent Webuild v. WSP decision, affirming a discovery order's nullification in arbitration between Webuild and the government of Panama, demonstrates courts' unwillingness to find that arbitral tribunals in investor-state cases fall within the scope of the discovery statute, say attorneys at Cleary.

  • Justices' Intent Witness Ruling May Be Useful For Defense Bar

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    At first glance, the U.S. Supreme Court’s recent Diaz v. U.S. decision, allowing experts to testify to the mental state of criminal defendants in federal court, gives prosecutors a new tool, but creative white collar defense counsel may be able to use the same tool to their own advantage, say Jack Sharman and Rachel Bragg at Lightfoot Franklin.

  • How To Grow Marketing, Biz Dev Teams In A Tight Market

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    Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.

  • What Patent Litigators Should Know About CHIPS Act Grants

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    With the U.S. Department of Commerce now actively awarding grants under the CHIPS and Science Act, recipients should ensure they understand the implications of promises to construct new semiconductor manufacturing facilities, especially in jurisdictions with active patent litigation dockets, say Gabriel Culver and Peter Hillegas at Norton Rose.

  • Unpacking HHS' Opinion On Cell Therapy Refund Programs

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    A recent advisory opinion from the U.S. Department of Health and Human Services, determining that a biopharma company's refund program for its cell therapy will not be penalized, indicates an encouraging willingness to engage, but the regulator's assumptions about the program's limited term warrant a closer look, says Mary Kohler at Kohler Health.

  • Series

    Rock Climbing Makes Me A Better Lawyer

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    Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.

  • Contract Disputes Recap: Preserving Payment Rights

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    Stephanie Magnell and Zachary Jacobson at Seyfarth examine three recent decisions that together illustrate the importance of keeping accurate records and adhering to contractual procedures to avoid inadvertently waiving contractual rights to cost reimbursements or nonroutine payments.

  • Think Like A Lawyer: Dance The Legal Standard Two-Step

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    From rookie brief writers to Chief Justice John Roberts, lawyers should master the legal standard two-step — framing the governing standard at the outset, and clarifying why they meet that standard — which has benefits for both the drafter and reader, says Luke Andrews at Poole Huffman.

  • Recent Settlement Shows 'China Initiative' Has Life After Death

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    Though the U.S. Department of Justice shuttered its controversial China Initiative two years ago, its recent False Claims Act settlement with the Cleveland Clinic Foundation demonstrates that prosecutors are more than willing to civilly pursue research institutions whose employees were previously targeted, say attorneys at Benesch.

  • DOJ Innovasis Settlement Offers Lessons On Self-Disclosure

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    The recent $12 million settlement with Innovasis and two of its executives demonstrates the U.S. Department of Justice's continued prioritization of Anti-Kickback Statute enforcement amid the growing circuit split over causation, and illustrates important nuances surrounding self-disclosure, say Denise Barnes and Scott Gallisdorfer at Bass Berry.

  • Bid Protest Spotlight: Standing, Prejudice, Conflicts

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    In this month's bid protest roundup, Caitlin Crujido at MoFo examines three recent decisions from the U.S. Government Accountability Office concerning whether a would-be protestor was an interested party with standing, whether an agency adequately investigated potential procurement violations and whether a proposed firewall sufficiently addressed an impaired objectivity organizational conflict of interest.

  • How Contractors Can Prep For DOD Cybersecurity Rule

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    The proverbial clock is ticking for defense contractors and subcontractors to strengthen their compliance posture in preparation for the rollout of the highly anticipated Cybersecurity Maturity Model Certification program, so those affected should analyze their existing security standards and take proactive steps to fill in any significant gaps, say Beth Waller and Patrick Austin at Woods Rogers.

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