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Government Contracts
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June 10, 2024
Contractor Seeks Win In Protest Of $186M In DOD Fuel Deals
A bid protester has urged the Court of Federal Claims to rule that the Defense Logistics Agency wrongly ignored signs of misconduct from two companies awarded $186 million in fuel delivery deals in Syria and Iraq, and disqualify the companies.
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June 10, 2024
Judge Unseals Some Testimony Of Trump Tax Info Leaker
A federal magistrate judge on Monday ordered the unsealing of some testimony from a former IRS contractor about how he illegally gained access to former President Donald Trump's tax returns in a billionaire's case suing the agency over the breach.
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June 10, 2024
Supreme Court Rejects WWII Oil Refinery Cleanup Appeal
The U.S. Supreme Court left intact on Monday a Sixth Circuit decision that the federal government can't be held liable for environmental contamination left behind by oil refineries during World War II, rejecting a petition for certiorari filed by Valero Energy Corp.
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June 10, 2024
New 'Access DOJ' Aims To Nix Barriers, Boost Accessibility
The U.S. Department of Justice has announced the launch of an initiative to improve access to its programs and services, including an upcoming project to make it easier to report tips about crime or other violations of law.
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June 10, 2024
Contractor Can Replead Claims In $115M City Streetcar Suit
A contractor suing the city of Charlotte for $115 million over alleged cost overruns and delays on a streetcar line construction project will have another shot at pleading its contract claims after a North Carolina Business Court judge cleared the path to file an amended complaint.
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June 07, 2024
Tetra Tech Says Gov't On 'Fishing Expedition' In FCA Suit
Tetra Tech and a subsidiary accused the federal government and a housing developer of a "fishing expedition" after they sought access to electronic media long after discovery closed in cases accusing the subsidiary of fraud under Navy environmental contracts.
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June 07, 2024
Gov't Presses For Dismissal Of False Claim Case Against Dish
The federal government has said a false claim suit against Dish Network Corp. "will not vindicate the government's interests" and has asked the D.C. federal judge to dismiss the case Vermont National Telephone Co. filed over Dish buying discounted spectrum.
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June 07, 2024
Conn. Judge Pushes State For Proof In $11M Kickback Case
The Connecticut state judge presiding over an $11 million false claims and kickbacks case against a compounding pharmacy appeared unconvinced Friday that the defendants submitted false claims for payment, peppering the government's counsel with requests to support assertions with case law and evidence that was put on at trial.
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June 07, 2024
Chicago-Area Man Charged With $60M COVID Test Fraud
A suburban Chicago man is facing healthcare fraud and money laundering charges over more than $60 million in Medicare reimbursement claims for over-the-counter COVID-19 test kits that were allegedly never provided, including thousands of tests for dead people.
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June 07, 2024
Fed Circ. Says No Task Order Bar For Commercial Co. Protest
The Federal Circuit has revived an artificial intelligence company's protest over its exclusion from consideration to supply computer vision technology under a $376.4 million National Geospatial-Intelligence Agency procurement, ruling Friday that a statutory restriction on task order disputes did not bar the case.
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June 07, 2024
Galvion To Pay $2.5M For Alleged US Gear With Foreign Parts
Military gear company Galvion Ltd. has agreed to a $2.5 million settlement to resolve allegations that it sold gear containing foreign-sourced components to the U.S. government despite knowing the components had to come from the United States, the U.S. Department of Justice announced.
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June 07, 2024
Texas AG, Spirit AeroSystems Duel Over Safety Probe
Spirit AeroSystems Inc. and Texas Attorney General Kenneth Paxton each asked a federal court for an early win in their dispute over the state's probe into Spirit's management, with Spirit arguing the state's Request to Examine statute violates the Fourth Amendment, and Paxton arguing it is a constitutionally compliant subpoena.
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June 07, 2024
Minn. Jury Convicts 5 In Food Aid Fraud Trial Marred By Bribe
A Minnesota federal jury on Friday convicted five out of seven defendants on a litany of charges alleging they schemed to defraud a federal food aid program during the COVID-19 pandemic, days after one juror told of being offered a $120,000 bribe to vote for acquittal.
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June 07, 2024
John Deere Pays $1.1M To End DOL Hiring Bias Probe
John Deere has agreed to pay $1.1 million to the U.S. Department of Labor to shutter an investigation alleging the agricultural manufacturing company declined to employ nearly 300 Black and Hispanic workers through systemic hiring discrimination, the agency announced.
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June 06, 2024
Chronic Care Co. To Pay $14.9M To End DOJ False Claims Suit
A provider of chronic disease management services across several states has reached a $14.9 million settlement with the U.S. Department of Justice, resolving a False Claims Act suit alleging it defrauded Medicare and Medicaid by "upcoding" healthcare claims.
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June 06, 2024
NASA's 'Aggressive' Goals Upped Costs On Lunar Deliveries
NASA's "aggressive" goals and increasingly hands-on involvement with its Commercial Lunar Payload Services initiative that will enable quick and affordable deliveries to the moon has led to $208 million in cost increases and lengthy delays, the agency's Office of Inspector General said Thursday.
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June 06, 2024
$25 Million Flint Water Class Deal Gets Early OK
A Michigan federal judge on Thursday gave initial approval for a $25 million settlement between a class of Flint adults and businesses and a water engineering company accused of prolonging the town's water crisis, calling the deal fair and an opportunity to avoid years of "exhausting" litigation.
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June 06, 2024
Wash. Labor Dept. Wants To Back AG In ICE Inspections Suit
The Washington state labor and health departments want to throw their support behind efforts in the Ninth Circuit by the state's governor and attorney general to defend a state law that allows surprise inspections at private immigration detention centers.
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June 06, 2024
Psychiatrist Gets 99 Months For $19M Billing Fraud Scheme
A psychiatrist who was convicted for a $19 million insurance fraud scheme was sentenced Thursday to 99 months in prison by a Boston federal judge, who found that there was "overwhelming evidence" of the doctor's guilt.
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June 06, 2024
GAO Won't Back Protest Over $186M In DOD Fuel Deals
The U.S. Government Accountability Office said it would reject allegations that the Defense Logistics Agency should have disqualified two awardees from $186 million in fuel delivery deals in Syria and Iraq, saying the agency properly investigated alleged misrepresentations by the companies.
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June 05, 2024
PwC Asks Calif. Justices To Revive $2.5M Sanction Against LA
PwC urged the California Supreme Court on Wednesday to revive a $2.5 million sanction against the city of Los Angeles for yearslong discovery misconduct in an underlying utility billing dispute, arguing the trial court's inherent authority to pose such penalties isn't limited to nonmonetary sanctions.
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June 05, 2024
Ga. Panel Sides With State In County Fire Contract Fight
A Georgia Court of Appeals panel on Wednesday backed the state's Department of Behavioral Health in a dispute over a fire-protection services contract with a county government, ruling the department couldn't be held liable for canceling the contract because it has no statutory power to enter into it.
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June 05, 2024
Sierra Club Touts Offshore Wind Cost Savings In New England
The Sierra Club is heralding offshore wind investment as critical to achieving New England's climate goals, slashing energy costs and protecting residents from volatile natural gas prices, citing a new report it commissioned that Synapse Energy Economics Inc. authored.
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June 05, 2024
House Votes To Block Vets' Access To Gender-Affirming Care
The U.S. House of Representatives on Wednesday passed a $147.5 billion spending bill along mostly party lines funding military construction and the U.S. Department of Veterans Affairs, which would block veterans' access to gender-affirming care and which the White House has already threatened to veto.
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June 05, 2024
New Rule Bars Self-Certification As Disabled, Vet-Owned Biz
The U.S. Small Business Administration issued a rule Wednesday effectively barring federal contractors from self-certifying as service-disabled veteran-owned small businesses, or SDVOSBs, amid ongoing concerns about fraud in veteran-owned contracting programs.
Expert Analysis
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Opinion
Giving The Gov't Drug Patent March-In Authority Is Bad Policy
The Biden administration's recent proposal to allow government seizure of certain taxpayer-funded drug patents is a terrible idea that would negate the benefits of government-funded research, to the detriment of patients and the wider economy, says Wayne Winegarden at Pacific Research Institute.
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How Clients May Use AI To Monitor Attorneys
Excerpt from Practical Guidance
Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.
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When Patients Have Standing For Hospital Antitrust Suits
Brown v. Hartford Healthcare Corp., recently decided by a Connecticut state court, provides a useful examination of how antitrust standing issues may be analyzed when patients directly sue a healthcare system for anti-competitive conduct, says Charles Honart at Stevens & Lee.
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Lessons From This Year's Landmark Green Energy IP Clash
In this year's Siemens v. General Electric wind turbine patent dispute, a Massachusetts federal court offers a cautionary tale against willful infringement, and highlights the balance between innovation, law and ethics, as legal battles like this become more frequent in the renewable energy sector, say John Powell and Andrew Siuta at Sunstein.
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Series
The Pop Culture Docket: Judge D'Emic On Moby Grape
The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.
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Inside DOD's Final Commercial Products And Services Rule
The recently released final amendment of a Defense Federal Acquisition Regulation Supplement provision will help streamline negotiations over subcontracts that provide commercial products and services, but its failure to address certain key questions means government contractors must still await further guidance, say Alex Sarria and Connor Farrell at Miller & Chevalier.
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Series
Performing Music Makes Me A Better Lawyer
The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.
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Bid Protest Spotlight: Bias, Unequal Discussions, Timeliness
In this month's bid protest roundup, James Tucker at MoFo offers takeaways from three bid protests in the U.S. Government Accountability Office relating to the high standard for protests that allege agency bias, seeking revised proposals from just one offeror, and untimely objections to solicitation terms.
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Breaking Down High Court's New Code Of Conduct
The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.
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A Gov't Contractor's Guide To Davis-Bacon Prevailing Wages
Excerpt from Practical Guidance
In light of shifting federal infrastructure priorities and recent updates to U.S. Department of Labor regulations, employers should take the time to revisit the basics of prevailing wage requirements for federal contractors under the Davis-Bacon Act and similar laws, says Timothy Taylor at Holland & Knight.
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What New DHS Cybersecurity Policy Means For Bid Protests
The U.S. Department of Homeland Security's recently unveiled policy of factoring cybersecurity self-assessments into its overall evaluation of contractors could raise novel bid protest considerations for offerors in both the pre-award and post-award contexts, say Amy Hoang at Seyfarth and Sandeep Kathuria at L3Harris Technologies.
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Opinion
Legal Profession Gender Parity Requires Equal Parental Leave
To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.
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Series
Writing Thriller Novels Makes Me A Better Lawyer
Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.
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What Lawyers Must Know About Calif. State Bar's AI Guidance
Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.
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Industry Must Elevate Native American Women Attys' Stories
The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.