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Government Contracts
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April 30, 2024
UK Fund Cites Jacobs' Qatar Oversight Failings In Del. Suit
A UK pension fund investor in the U.S.-based business that oversaw construction of 2022 World Cup soccer facilities in Qatar has sued the company's directors in Delaware's Court of Chancery, seeking recovery of damages arising from director failures to monitor human rights violations reported by workers.
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April 30, 2024
10th Circ. Says Biden Can Raise Contractors' Minimum Wage
President Joe Biden's minimum hourly wage increase for federal contractors to $15 is intertwined with furthering the economy and is therefore supported by the Procurement Act, a split Tenth Circuit panel ruled Tuesday, agreeing with a Colorado federal court to keep the wage bump.
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April 30, 2024
Gov't Contracts Of The Month: Moon Rover, Doomsday Planes
In April, the U.S. vowed to make a Japanese astronaut the first non-U.S. citizen to step on the moon in exchange for Japan and Toyota's habitable lunar rover and advanced a $13.1 billion effort for new Doomsday planes designed to withstand nuclear warfare. Here, Law360 looks at some of the most noteworthy government contracts over the last month.
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April 30, 2024
Jury Convicts Ill. Biz Owner Of $1.3M VA Kickback Scheme
An Illinois business owner was convicted on Monday of eight counts of wire fraud for paying kickbacks to a U.S. Department of Veterans Affairs clerk in exchange for what prosecutors called "bogus" monthly rental fees.
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April 29, 2024
ReNew Health To Pay $7M To Settle COVID-19 FCA Claims
ReNew Health Group LLC has agreed to pay the federal government and California $7 million to settle whistleblower allegations that the healthcare provider misused a COVID-19 waiver intended to free up hospital beds by submitting fraudulent claims for nursing home residents, the U.S. Department of Justice announced Friday.
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April 29, 2024
Split 7th Circ. Clears Insurers In O'Hare Steel Defect Fight
A split Seventh Circuit affirmed Monday a finding that the Chicago O'Hare International Airport canopy's general contractor can't recoup more than $37.5 million in costs from its insurer over cracked welds in the canopy, finding that the defects in the welds and columns don't constitute property damage under its insurance policies.
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April 29, 2024
Fed. Circ. Gives HP Unit 2nd Chance To Challenge Camera IP
The Federal Circuit on Monday revived a debate about whether FullView Inc.'s panoramic camera system patent should be invalidated as obvious, while affirming a California federal judge's decision that HP unit Polycom Inc. infringed that patent.
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April 29, 2024
GSA Guides Agencies On Responsible Generative AI Buying
The U.S. General Services Administration on Monday issued guidance to federal agencies for buying generative artificial intelligence services and related hardware, intended to ensure that emerging technology is used "responsibly and effectively."
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April 29, 2024
Ex-COO Of Mo. Charity Gets 3 Years For Bribing Officials
The former chief operating officer of a Missouri-based healthcare charity was sentenced to three years in prison Monday after admitting she and her husband, the charity's ex-chief financial officer, conspired to bribe elected officials in Arkansas, according to Missouri federal court documents.
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April 29, 2024
9th Circ. Backs Raytheon Defeat Of Religious Vaccination Suit
The Ninth Circuit refused to revive a lawsuit alleging Raytheon Technologies Corp. unlawfully harassed and forced out employees who received religious exemptions from its COVID-19 vaccination policy, finding Monday that companywide reminders about inoculation and other preventative measures weren't based on religion.
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April 29, 2024
Pa. Retirement Home Wants Ed Board Tax Challenge Nixed
The nonprofit owner of a retirement community in a suburb of Pittsburgh has filed a lawsuit against the local school board claiming that the board violated a soon-to-expire payment in lieu of taxes, or PILOT, agreement that was brokered almost 15 years ago.
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April 29, 2024
Biden Admin's Border Wall Plan Must Be Vacated, Court Told
Texas and Missouri again urged a federal judge Monday to vacate the Biden administration's plan to redirect congressional funding for a southern U.S. border wall as the White House pushed back, saying it would be an overreach to eliminate its directive.
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April 29, 2024
Pa. County Counters Sanctions Bid In Dominion Suit
Local officials in Fulton County, Pennsylvania, have urged a federal judge to punish Dominion Voting Systems Inc. for its motion filed last month calling for sanctions against two county commissioners for filing an amended complaint in a breach of contract suit.
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April 29, 2024
Japanese Space Co. Settles White Ex-CEO's Bias Suit
The U.S. arm of a Japanese space company and its former CEO told a Colorado federal court they have agreed to end the executive's suit alleging he witnessed frequent "anti-foreigner" bias at the company and was ultimately fired because he's white.
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April 29, 2024
DOJ Not Required To Probe Alleged Bias In Boston Contracts
A Boston federal judge won't second-guess a U.S. Department of Justice decision not to investigate allegations of systemic racism in the city's municipal contracting practices, deferring to the department's finding that it lacked jurisdiction for the claims.
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April 29, 2024
IRS To Open $6B 2nd Round Of Advanced Energy Tax Credits
The IRS will start taking applications May 28 from project owners seeking to get part of a $6 billion second round of tax credits for developments that will support the clean energy industry, such as solar glass manufacturing and metal recycling facilities, the agency said Monday.
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April 26, 2024
Law360 Reveals Titans Of The Plaintiffs Bar
In the past year, plaintiffs have won settlements and judgments for millions and billions of dollars from companies such as Wells Fargo, Goldman Sachs, Facebook and Fox News, with many high-profile cases finally wrapping up after years of fighting. Such cases — involving over-the-top compensation packages, chemical contamination, gender discrimination and data mining — were led by attorneys whose accomplishments earned them recognition as Law360's Titans of the Plaintiffs Bar for 2024.
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April 26, 2024
Mineral Co. Faces Investor Suit Over Gov't Contract Loss
Mineral producer Compass Minerals International Inc. has been hit with a putative investor class action alleging the company failed to properly apprise investors about the likelihood that it would not secure a fire retardant supplier contract with the U.S. Forest Service ahead of 2024's fire season.
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April 26, 2024
Judge Says NASA's Firewall Saves It From $554M Ethics Suit
An unsealed filing shows the U.S. Court of Federal Claims backed the National Aeronautics and Space Administration's decision to award a $554 million deal to an official's former employer based on the official's firewall from the deal.
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April 26, 2024
Support For 9th Circ. Rehearing In Oak Flat Dispute Mounting
At least 100 religious and nonprofit groups, law scholars, Native American coalitions and tribes are urging the Ninth Circuit to consider a full panel en banc hearing on a challenge to block a copper mining company from destroying a sacred Indigenous religious site in central Arizona.
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April 26, 2024
Commerce Restricts Gun Exports To 'High-Risk' Countries
The U.S. Department of Commerce on Friday issued a rule restricting exports of firearms and ammunition to "high-risk" countries, a move it said is intended to avoid U.S. national security and foreign policy interests being undermined by misuse of those weapons.
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April 26, 2024
Co. Says Policy Fight On $45B DOE Deal Isn't For Claims Court
A joint venture awarded a $45 billion nuclear waste management contract is urging the Court of Federal Claims to reject a rival's allegation that a U.S. Department of Energy policy change enabling the contract award was improper, saying the claims court lacked jurisdiction.
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April 26, 2024
Pacific Territories Temporarily Freed From 'Buy America' Rules
The Northern Mariana Islands, Guam and American Samoa are exempt from "Buy America" requirements for certain federally funded infrastructure projects until March 2025, according to a policy the U.S. Department of Transportation released Friday to reduce the far-flung territories' infrastructure costs.
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April 26, 2024
Ga. Residents Want In On $300M Monkey Farm Fight
Four Georgia residents have asked a federal judge to let them intervene in a dispute over the construction of a sprawling primate-rearing farm in Bainbridge, alleging the local development authority that approved a $300 million bond deal for the project is colluding with the farm's backers to advance the project.
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April 26, 2024
Rep. Stefanik Calls For DOD To Kick Off Critical Mineral Policy
Rep. Elise Stefanik, R-N.Y., is urging the U.S. Department of Defense to speed up the implementation of a new policy to boost domestic processing of rare-earth elements, which are critical for military equipment, saying this will make the United States less reliant on China.
Expert Analysis
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Suspension And Debarment: FY 2023 By The Numbers
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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Tips For Litigating Against Pro Se Parties In Complex Disputes
Litigating against self-represented parties in complex cases can pose unique challenges for attorneys, but for the most part, it requires the same skills that are useful in other cases — from documenting everything to understanding one’s ethical duties, says Bryan Ketroser at Alto Litigation.
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Contracts Disputes Recap: Expect Strict Application Of Rules
Zachary Jacobson and Sarah Barney at Seyfarth examine four recent cases highlighting the importance, for both contractors and government agencies, of strict compliance with the Contract Disputes Act’s jurisdictional requirements and with the Federal Acquisition Regulation's remedy-granting clauses.
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Unpacking The FAR Council's Cybersecurity Rules Proposal
New reporting and information sharing requirements in the Federal Acquisition Regulatory Council's recently proposed cybersecurity regulations would create new False Claims Act enforceability risks, and could be a focus for the U.S. Department of Justice's Civil Cyber Fraud Initiative, say Townsend Bourne and Lillia Damalouji at Sheppard Mullin.
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Pro Bono Work Is Powerful Self-Help For Attorneys
Oct. 22-28 is Pro Bono Week, serving as a useful reminder that offering free legal help to the public can help attorneys expand their legal toolbox, forge community relationships and create human connections, despite the challenges of this kind of work, says Orlando Lopez at Culhane Meadows.
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Series
Playing In A Rock Cover Band Makes Me A Better Lawyer
Performing in a classic rock cover band has driven me to hone several skills — including focus, organization and networking — that have benefited my professional development, demonstrating that taking time to follow your muse outside of work can be a boon to your career, says Michael Gambro at Cadwalader.
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Series
The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'
The murder trials in Netflix’s “The Lincoln Lawyer” illustrate the stark contrast between the ethical high ground that fosters and maintains the criminal justice system's integrity, and the ethical abyss that can undermine it, with an important reminder for all legal practitioners, say Judge Adam Espinosa and Andrew Howard at the Colorado 2nd Judicial District Court.
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Bid Protest Spotlight: Deference Limit, Close-At-Hand Doctrine
In this month's bid protest roundup, Roke Iko at MoFo examines a recent decision from the U.S. Court of Federal Claims about the parameters of agency deference, and one from the U.S. Government Accountability Office that highlights the risk to offerors of relying heavily on evaluators’ prior knowledge.
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New DOJ Roles Underscore National Security Focus
The U.S. Department of Justice’s recent creation of two new leadership positions signals to the private sector that federal law enforcement is pouring resources into corporate investigations to identify potential national security violations, say attorneys at Ballard Spahr.
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Opinion
Newman Suspension Shows Need For Judicial Reform
The recent suspension of U.S. Circuit Judge Pauline Newman following her alleged refusal to participate in a disability inquiry reveals the need for judicial misconduct reforms to ensure that judges step down when they can no longer serve effectively, says Aliza Shatzman at The Legal Accountability Project.
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Lessons From Verizon's Cybersecurity FCA Self-Disclosure
A Verizon unit’s recent agreement to settle allegations of cyber-related False Claims Act violations illustrates the interplay between the government's prioritization of cybersecurity enforcement and the potential benefits of voluntarily disclosing cybersecurity failures, says Denise Barnes at Honigman.
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How And Why Your Firm Should Implement Fixed-Fee Billing
Amid rising burnout in the legal industry and client efforts to curtail spending, pivoting to a fixed-fee billing model may improve client-attorney relationships and offer lawyers financial, logistical and stress relief — while still maintaining profit margins, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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Unpacking OMB's Proposed Uniform Guidance Rewrite
Affected organizations, including state and local governments, should carefully review the Office of Management and Budget's proposed overhaul of uniform rules for administering over $1 trillion in federal funding distributed each year, and take the opportunity to submit comments before the December deadline, says Dismas Locaria at Venable.
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Opinion
Judicial Independence Needs Defense Amid Political Threats
Amid recent and historic challenges to the judiciary from political forces, safeguarding judicial independence and maintaining the integrity of the legal system is increasingly urgent, says Robert Peck at the Center for Constitutional Litigation.
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How Law Firms Can Use Account-Based Marketing Strategies
Amid several evolving legal industry trends, account-based marketing can help law firms uncover additional revenue-generating opportunities with existing clients, with key considerations ranging from data analytics to relationship building, say Jennifer Ramsey at stage LLC and consultant Gina Sponzilli.