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Government Contracts
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April 16, 2024
Boston Judge Wary Of Ordering Bias Probe For City Contracts
A Massachusetts federal judge on Tuesday questioned whether she has the authority to order the U.S. Department of Justice to look into alleged racism in the city of Boston's system of awarding contracts, and whether members of several advocacy groups even have standing to make the request.
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April 16, 2024
Judge Won't Rethink Wash. ICE Detention Hygiene Bill Injunction
A Washington federal judge stood by his month-old ruling that blocked the state from conducting surprise inspections at an immigration detention facility, saying the state hadn't shown that his decision was legally incorrect.
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April 16, 2024
AIG Unit Must Cover $20M Botched Tunnel Project, Court Told
A Michigan county's water resources commissioner and sewage disposal system accused an AIG unit of failing to arbitrate their coverage claims over a design contractor's faulty work on a tunnel project, claiming they've suffered more than $20 million in damages.
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April 16, 2024
Justices Say Army Vet Owed More Education Benefits
An Army veteran who sought additional education benefits to attend Yale Divinity School is owed more federal assistance, the U.S. Supreme Court ruled Tuesday, upending an en banc Federal Circuit ruling that took a narrower view of what he is entitled to based on his multiple tours of duty.
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April 16, 2024
Ga. Shouldn't 'Go Back' On Absentee Voter Rules, Judge Told
Back in court for its third election-related trial of 2024, the state of Georgia urged a federal judge Monday morning not to strike down increased regulations on the state's absentee ballot application process enacted as part of the state's controversial 2021 election law.
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April 15, 2024
SEC Fines Adviser $60K Over Alleged Pay-To-Play Violations
The U.S. Securities and Exchange Commission announced Monday that a Minnesota-based investment advisory firm will pay $60,000 to settle allegations it violated the commission's pay-to-play rule, which prohibits investment advisers from providing services to government-related clients for two years following a political campaign contribution.
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April 15, 2024
Whistleblower Says Lab Co. Ran COVID-Testing Scheme
A California-based diagnostics firm and its CEO have been hit with a whistleblower suit in Washington federal court by an ex-lab director who claims an affiliated company flouted regulatory standards and fraudulently billed government healthcare programs for COVID-19 tests on patients with private insurance.
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April 15, 2024
Claims Court Backs VA's Pick For Healthcare Conversion Deal
The U.S. Court of Federal Claims has backed the U.S. Department of Veterans Affairs' decision to tap a healthcare technology company to convert paper-based healthcare claims into electronic formats despite protests from two competitors for the work that allege the VA assigned them undeserved weaknesses.
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April 15, 2024
Security Co. Faces Trial Over Poorly Trained Guards In Kabul
Allegations that an international security company defrauded the U.S. government by skimping mandatory refresher training for guards protecting diplomatic sites in Afghanistan will be heard at trial after a Georgia federal judge refused to throw out a former supervisor's whistleblower suit.
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April 15, 2024
High Court Won't Hear California Tribal Casino Dispute
The U.S. Supreme Court on Monday denied a bid by an anti-casino advocacy group seeking to overturn a Ninth Circuit decision that dismissed their case after determining that the Ione Band of Miwok Indians is eligible to go forward with its project in California.
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April 15, 2024
Justices Pass On Norfolk Southern Claim To Rail Line Control
The U.S. Supreme Court declined Monday to hear Norfolk Southern Railway Co.'s challenge to a 2022 Surface Transportation Board ruling that the freight railroad company can't control Virginia's Belt Line, which opened it up to an antitrust suit from rival CSX Transportation Inc. over its rate-setting.
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April 12, 2024
GEO Seeks Wash. ICE Detention Law's Permanent End
Private prison operator GEO Group Inc. told a Washington federal court judge that the fact the court found parts of a law aimed at improving private prison standards unconstitutional meant the court should permanently bar the law's enforcement.
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April 12, 2024
Split PTAB Panel Upholds QinetiQ Fracking Patent
A British defense contractor successfully fought off a legal challenge surrounding its patent covering a fracking device, in a ruling from the Patent Trial and Appeal Board that was split three ways over the matter.
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April 12, 2024
Fed. Circ.'s Fight With Newman: A Year In Review
One year has passed since it came to light that the Federal Circuit's judges were investigating whether their colleague, U.S. Circuit Judge Pauline Newman, was mentally competent to remain on the court. In that time, Judge Newman has garnered support from many in the patent community, but has faced a series of setbacks in her legal challenges.
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April 12, 2024
Fed. Circ.'s Competency Feud With Newman Turned Personal
A year after the Federal Circuit publicly acknowledged its investigation into U.S. Circuit Judge Pauline Newman's mental and physical competency, the nonagenarian still refuses to follow the court's medical testing orders and remains determined to reclaim her seat on the bench.
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April 12, 2024
Petition Watch: Judge DQs, 'Excessive' Damages & Price Wars
A former al-Qaida member has asked the U.S. Supreme Court to clarify disqualification protocol for judges overseeing a case related to their prior work as a government attorney, and energy drink manufacturers want the court to develop a modern-day test to determine if companies qualify as price-discrimination competitors. Here's four high court petitions filed recently that you might've missed.
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April 12, 2024
Space Force Opportunities Come With Uncertainties For Cos.
The U.S. Space Force's new plan to rely more on the private sector offers growth opportunities for the commercial aerospace industry, but experts say businesses should be wary of budgetary constraints and regulatory uncertainties.
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April 12, 2024
Judge Rejects Tehum's $54M Bid To Resolve Injury Suits
A Texas bankruptcy judge has rejected prison healthcare company Tehum Care Services Inc.'s $54 million settlement to resolve hundreds of personal injury suits while declining the claimant committee's request to dismiss the Chapter 11 case.
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April 12, 2024
Jackson Lewis Hires Employment Litigator In Baltimore
Employer-side firm Jackson Lewis PC has added a former U.S. Equal Employment Opportunity Commission litigator to its Baltimore office who says her experience with the federal bias watchdog gives her a comprehensive view on how to advise clients.
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April 12, 2024
DOI Sews Up Overhaul Of Oil Leasing Regs And Rates
The U.S. Department of the Interior on Friday finalized its overhaul of decades-old onshore oil and gas leasing regulations and rates with an eye on guiding oil and gas drilling toward already developed public lands.
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April 12, 2024
Feds Say Ga. Apartments Denied Wheelchair Accommodation
Federal prosecutors on Thursday hit a Savannah, Georgia, apartment complex, a local housing authority and other defendants with a Fair Housing Act complaint alleging they denied a disabled resident an accessible apartment in spite of her repeated requests that they accommodate her disability.
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April 12, 2024
Judge Pauline Newman's Year In Her Own Words
April 14 marks the one-year anniversary of when the Federal Circuit confirmed an unprecedented investigation into whether U.S. Circuit Judge Pauline Newman was mentally and physically competent to remain on its bench, and the judge has not been allowed to hear cases during that time. Here is what she had to say about the investigation in an interview with Law360.
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April 12, 2024
Up Next At High Court: Jan. 6, Gratuities & Ineffective Attys
The U.S. Supreme Court will return Monday for the term's last two weeks of oral arguments, during which it will consider whether the U.S. Department of Justice can use the Sarbanes-Oxley Act to prosecute defendants accused of storming the U.S. Capitol on Jan. 6, 2021, and the correct standard courts should apply when reviewing malicious prosecution claims.
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April 12, 2024
Asbury Park Escapes Pot Co.'s Zoning Board Conspiracy Suit
A New Jersey federal court has dismissed a medical cannabis company's suit alleging Asbury Park and its zoning board conspired with a rival to block it from operating a treatment center, saying the complaint fails to support its allegations of the scheme.
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April 11, 2024
Sandoz Says Feds Misclassified Generics As 'Innovator Drugs'
Pharmaceutical company Sandoz Inc. sued the Centers for Medicare & Medicaid Services in Washington, D.C., federal court on Wednesday, alleging the agency ignored the company's objection to classifying two of its generics as "innovator drugs," which could impact Sandoz's rebate obligations under Medicaid.
Expert Analysis
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Opinion
Congress Needs Better Health Care Fraud Data From DOD
The U.S. Department of Defense does not collect enough data to prevent health care and service contractor fraud and waste, so Congress should enact benchmarks that the DOD must meet when gathering and reporting data, enabling lawmakers to make better-informed decisions about defense appropriations, says Jessica Lehman at Verizon.
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Series
The Pop Culture Docket: Judge Elrod On 'Jury Duty'
Though the mockumentary series “Jury Duty” features purposely outrageous characters, it offers a solemn lesson about the simple but brilliant design of the right to trial by jury, with an unwitting protagonist who even John Adams may have welcomed as an impartial foreperson, says Fifth Circuit Judge Jennifer Elrod.
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A 'Deliberate Indifference' Circ. Split For Prison Medical Cases
Allison Becker and Kendra Stark at Gordon & Rees examine the circuit split over how a patient's incarceration status affects the applicable standard for “deliberate indifference” in correctional medical lawsuits, noting an uptick in cases related to outbreaks and staffing shortages at correctional facilities during the pandemic.
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Contract Disputes Recap: Nonmonetary Claims, Timeliness
Bret Marfut and Stephanie Magnell at Seyfarth look at recent decisions from the U.S. Civilian Board of Contract Appeals, the Armed Services Board of Contract Appeals and the U.S. Court of Federal Claims that shed light on the jurisdictional contours of the Contract Disputes Act and provide useful guidance on timely filings and jurisdiction over nonmonetary claims.
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Aviation Watch: Osprey Aircraft May Face Tort Claims
A recent U.S. Marine Corps Command report found that the cause of a 2022 Osprey crash was a problem known to the manufacturer and the military for over 10 years — and the aircraft may now be on its way to a day of reckoning in the tort liability arena, says Alan Hoffman, a retired attorney and aviation expert.
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4 Business-Building Strategies For Introvert Attorneys
Excerpt from Practical Guidance
Introverted lawyers can build client bases to rival their extroverted peers’ by adapting time-tested strategies for business development that can work for any personality — such as claiming a niche, networking for maximum impact, drawing on existing contacts and more, says Ronald Levine at Herrick Feinstein.
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Opinion
FinCEN Regs Must Recognize Int'l Whistleblower Realities
In drafting regulations to implement an anti-money laundering whistleblower program, the Financial Crimes Enforcement Network must follow the mandates laid out in the White House’s global anti-corruption strategy to protect and compensate whistleblowers in extreme danger worldwide, says Stephen Kohn at Kohn Kohn.
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Opinion
3 Ways Justices' Disclosure Defenses Miss The Ethical Point
The rule-bound interpretation of financial disclosures preferred by U.S. Supreme Court Justices Samuel Alito and Clarence Thomas — demonstrated in their respective statements defending their failure to disclose gifts from billionaires — show that they do not understand the ethical aspects of the public's concern, says Jim Moliterno at the Washington and Lee University School of Law.
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Caregiver Flexibility Is Crucial For Atty Engagement, Retention
As the battle for top talent continues post-pandemic, many firms are attempting to attract employees with progressive hybrid working environments — and supporting caregivers before, during and after an extended leave is a critically important way to retain top talent, says Manar Morales at The Diversity & Flexibility Alliance.
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No End In Sight For Pandemic Relief Fraud Enforcement
Congress' recent decision to extend the statute of limitations to 10 years for fraud related to pandemic relief means the era of enforcement actions brought under the False Claims Act and the Financial Institutions Reform, Recovery and Enforcement Act has only just begun, say attorneys at Crowell & Moring.
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Strike Force Actions Underscore Foreign Risks For Tech Cos.
As recent prosecutions demonstrate, a multiagency strike force is ramping up enforcement of trade secret theft and export control violations, and companies will need to be proactive in protecting their sensitive technologies from foreign adversaries, say attorneys at McGuireWoods.
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Questions To Ask Before Drafting Proposals With AI
Before federal contractors adopt AI tools to simplify their proposal writing, they should ask questions about how a given AI tool’s model was developed, and consider the procedures they will need to avoid cookie-cutter submissions and ensure accuracy, privacy and security, among other practical and legal considerations, say attorneys at Wiley.
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In-Office Engagement Is Essential To Associate Development
As law firms develop return-to-office policies that allow hybrid work arrangements, they should incorporate the specific types of in-person engagement likely to help associates develop attributes common among successful firm leaders, says Liisa Thomas at Sheppard Mullin.
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Trends Emerge In High Court's Criminal Law Decisions
In its 2022-2023 term, the U.S. Supreme Court issued nine merits decisions in criminal cases covering a wide range of issues, and while each decision is independently important, when viewed together, key trends and takeaways appear that will affect defendants moving forward, says Kenneth Notter at MoloLamken.
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Perspectives
A Judge's Pitch To Revive The Jury Trial
Ohio state Judge Pierre Bergeron explains how the decline of the jury trial threatens public confidence in the judiciary and even democracy as a whole, and he offers ideas to restore this sacred right.