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Government Contracts
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August 09, 2024
Rising Star: Faegre Drinker's Michelle Francois
Faegre Drinker Biddle & Reath LLP's Michelle Francois helped an environmental remediation services company successfully protest an $80 million contract and persuaded the U.S. Small Business Administration to offer a company relief from a loan repayment plan that would have decimated its operations, earning her a spot among the government contracts law practitioners under age 40 honored by Law360 as Rising Stars.
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August 08, 2024
Maynard Nexsen Says No DQ Needed In Contractor Bias Case
A former engineer suing defense contractor Parsons Corp. for discrimination pushed back Thursday against the company's bid to disqualify his counsel, Maynard Nexsen PC, for allegedly representing both parties at the same time, saying the firm did not actually represent Parsons.
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August 08, 2024
Watchdog Says Murky Goals, Boeing Hinder NASA Rocket
NASA's $5 billion moon rocket project faces ongoing delays and cost overruns due to issues such as the agency dragging its feet on setting clear goals and quality control problems at key contractor Boeing, according to a report released Thursday.
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August 08, 2024
11th Circ. Affirms OK Of $188M Award Against Venezuelan Co.
The Eleventh Circuit on Thursday enforced a $188 million arbitral award issued to a British Virgin Islands commodities firm, ruling in a published opinion that a Venezuelan state-owned mining firm's corruption arguments wrongly took aim at an underlying contract, rather than the award itself.
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August 08, 2024
Olympic Museum Scores Partial Win In $2M COVID Relief Suit
A D.C. federal judge handed the U.S. Olympic and Paralympic Museum a victory over the Small Business Administration on Wednesday, ruling the agency unfairly denied its application for a $2 million pandemic relief grant.
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August 08, 2024
Ghana Must Pay $111M In Power Plant Fight, Court Rules
A D.C. federal judge has issued a default judgment against Ghana for more than $111 million left unpaid on an arbitral award issued by a London tribunal over the country's breach of a power plant operating deal with a subsidiary of commodities giant Trafigura.
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August 08, 2024
Atty Accuses NYC Agency Of Bias, EEOC Charge Retaliation
A staff attorney accused the New York City Administration for Children Services of abruptly revoking his years-old disability accommodations while he was recovering from heart surgery, alleging in a federal lawsuit Wednesday that the administration tried to force him to quit after he filed a state court action and a charge of discrimination with the Equal Employment Opportunity Commission.
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August 08, 2024
DOE To Back Integrated Georgia Solar Plant With $1.45B Loan
The U.S. Department of Energy's Loan Programs Office said Thursday it plans to move forward with a $1.45 billion loan to support Qcells' ongoing expansion of a new integrated solar supply chain manufacturing facility in Georgia.
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August 07, 2024
DOD Contractor Wants No Prison For Parts Sales From Turkey
A Florida defense contractor who admitted to using a front company to supply critical military components that were made in Turkey asked Tuesday for a non-prison sentence, arguing that her participation in the scheme to defraud the U.S. Department of Defense was driven by financial desperation and a misplaced trust in those who ran the operation.
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August 07, 2024
Feds Let The Wrong Family Bury Hopi Artist's Body, Kids Say
The children of a renowned Hopi artist have sued the United States in Arizona federal court on claims that an Indian Health Service facility gave their deceased mother's body to the wrong family, saying they couldn't give her a proper burial due to the government's negligence.
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August 07, 2024
Pipe Co. Exec Says Criminal Antitrust Charges Unconstitutional
A former executive of an aluminum pipe company defending the Fourth Circuit's reversal of his bid-rigging conviction has told the U.S. Supreme Court to rule that all criminal antitrust prosecutions under Section 1 of the Sherman Act are unconstitutional, claiming they violate "fundamental constitutional principles" of nondelegation and objectivity.
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August 07, 2024
Green Groups Say Export-Import Bank Is Harming Climate
Environmental and animal rights groups on Wednesday asked the U.S. Department of State to order the Export-Import Bank to stop helping fund projects they said are contributing to climate change.
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August 07, 2024
Parts Co. Fights Bid To Pause Pratt & Whitney Antitrust Suit
A parts supplier accusing RTX Corp. subsidiary Pratt & Whitney of using illegal agreements to monopolize the aftermarket supply of their turboprop engine components asked a Pennsylvania federal court to keep discovery moving while considering the possible dismissal of the $450 million lawsuit.
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August 07, 2024
GAO Says Protest Over $865M Air Force Deal Premature
The U.S. Government Accountability Office has tossed General Dynamics Information Technology Inc.'s protest over the U.S. Air Force's proposed corrective action on an $865 million communications contract, saying GDIT's allegations were largely premature, anticipating actions the agency has yet to take.
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August 07, 2024
NJ AG, Data Biz Say Judicial Privacy Law Is Constitutional
The New Jersey Office of Attorney General stepped in to defend the judicial privacy measure Daniel's Law this week, arguing alongside a data privacy company in federal court that a group of data brokers accused of violating it are relying on "hypotheticals and edge cases" to claim the law is unconstitutional.
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August 07, 2024
Air Force Says Sanctions Bid In Contract Dispute Unwarranted
The U.S. Air Force has hit back at a contractor's bid for sanctions over alleged late document production and document destruction in a contract dispute, saying the motion was unexpectedly sprung on it while the parties were negotiating discovery issues.
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August 07, 2024
11th Circ. Says Drivers Can Use Contracting Law For OT Math
Three drivers for a company that provides medical transportation to veterans can base their calculation of overtime they're owed on a Service Contract Act prevailing rate that's higher than the wages they were paid, the Eleventh Circuit has ruled, partially flipping a lower court's ruling.
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August 07, 2024
Logistics Co. CEO Denies Role In NJ Racketeering Scheme
The chief executive officer of logistics firm NFI Industries on Wednesday denied that he played a role in an alleged scheme led by a New Jersey power broker accused of reaping millions in tax credits by using extortion to acquire waterfront property in the distressed city of Camden.
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August 06, 2024
Wash. Again Sues GEO Group Over ICE Detention Inspections
Washington state's health department has again sued The GEO Group, alleging that the private prison contractor has illegally blocked health officials from entering an ICE facility to investigate a rash of suicide attempts and hundreds of reports of unhealthy conditions.
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August 06, 2024
Houston Partially Escapes Pappas Restaurants' Airport Suit
A state appeals court agreed Tuesday with Houston's argument that a concessions contract with the William P. Hobby Airport did not require the city to follow the Texas Government Code's competitive bidding requirements, partially tossing a suit brought by Pappas Restaurants over its loss of the 2023 agreement.
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August 06, 2024
Conn. AG Says Utility Misconstrued Power Plant Cleanup Deal
The Connecticut Attorney General's Office has told a state court that The United Illuminating Co., now part of Avangrid Inc., raised inapplicable defenses to an environmental cleanup lawsuit by misconstruing an earlier consent decree as a "contract" the government could breach as the utility remediated an abandoned New Haven power plant.
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August 06, 2024
Military Part Supplier Says Competitors Stole Equipment, Info
A machining manufacturer that supplies parts for military aircraft said in a complaint filed in Michigan federal court on Monday that some of its former workers used their access to steal confidential information and equipment to start competing businesses.
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August 06, 2024
Defense Contractor Wants Maynard Nexsen DQed In Bias Case
Defense contractor Parsons Corp. urged an Alabama federal judge to disqualify Maynard Nexsen PC from representing a former engineer in his unlawful termination case against the company, saying the firm was also representing Parsons when he filed his case.
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August 06, 2024
Ex-Army Contract Officer Gets 1 Year For GF's No-Show Job
A former U.S. Department of Defense contracting officer has been sentenced to a year in prison for getting his girlfriend a high-paying, no-show job at a defense contractor, then taking multiple trips to Disney World and other vacation spots with her on taxpayers' dime.
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August 06, 2024
Energy Dept. Awards $2.2B For 8 Grid Upgrade Projects
The U.S. Department of Energy on Tuesday awarded $2.2 billion of congressional funding for an eight-pack of electric grid projects, including $700 million for a transmission line that would create a new link between the western and eastern portions of the U.S. grid.
Expert Analysis
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5 Takeaways From SAP's Foreign Bribery Resolutions
German software company SAP’s recent settlements with the U.S. Department of Justice and U.S. Securities and Exchange Commission, resolving allegations of foreign bribery, provide insights into government enforcement priorities, and how corporations should structure their compliance programs to reduce liability, say attorneys at Perkins Coie.
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Series
Serving As A Sheriff's Deputy Made Me A Better Lawyer
Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.
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Bid Protest Spotlight: Nonprecedential, Unreasonable, Scope
James Tucker at MoFo examines three recent decisions showing that while the results of past competitions may inform bid strategy, they are not determinative; that an agency's award may be deemed unreasonable if it ignores available information; and that a protester may be right about an awardee's noncompliance but still lose.
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Fears About The End Of Chevron Deference Are Overblown
While some are concerned about repercussions if the U.S. Supreme Court brings an end to Chevron deference in the Loper and Relentless cases this term, agencies and attorneys would survive just fine under the doctrines that have already begun to replace it, say Daniel Wolff and Henry Leung at Crowell & Moring.
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Former Minn. Chief Justice Instructs On Writing Better Briefs
Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.
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Preparing For Possible Calif. Criminal Antitrust Enforcement
Though a recent announcement that the California Attorney General's Office will resume criminal prosecutions in support of its antitrust enforcement may be mere saber-rattling, companies and their counsel should nevertheless be prepared for interactions with the California AG's Antitrust Section that are not limited to civil liability issues, say Dylan Ballard and Lillian Sun at V&E.
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Stay Interviews Are Key To Retaining Legal Talent
Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.
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Direct Claims Ruling May Alter Gov't Ties To Software Firms
A recent Federal Circuit decision allowing a software developer to pursue legal action under the Contract Disputes Act could change the government's relationship with commercial software providers by permitting direct claims, even in third-party purchase situations, say Dan Ramish and Zach Prince at Haynes Boone.
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Contract Disputes Recap: Facts Differ But Same Rules Apply
Zachary Jacobson and Sarah Barney at Seyfarth examine two decisions illustrating that reliance on a technicality may not save an otherwise untimely appeal, and that enforcement of commercial terms and conditions under a federal supply schedule contract may be possible.
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Series
Spray Painting Makes Me A Better Lawyer
My experiences as an abstract spray paint artist have made me a better litigator, demonstrating — in more ways than one — how fluidity and flexibility are necessary parts of a successful legal practice, says Erick Sandlin at Bracewell.
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Draft Pay Equity Rule May Pose Contractor Compliance Snags
The Federal Acquisition Regulatory Council's recently proposed rule that would prohibit government contractors from requesting certain job applicants' salary history seems simple on the surface, but achieving compliance will be a nuanced affair for many contractors who must also adhere to state and local pay transparency laws, say attorneys at Hogan Lovells.
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10 Areas To Watch In Aerospace And Defense Contracting Law
The near future holds a number of key areas to watch in aerospace and defense contracting law, ranging from dramatic developments in the space industry to recent National Defense Authorization Act updates, which are focused on U.S. leadership in emerging technologies, say Joseph Berger and Chip Purcell at Thompson Hine.
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Opinion
Judicial Independence Is Imperative This Election Year
As the next election nears, the judges involved in the upcoming trials against former President Donald Trump increasingly face political pressures and threats of violence — revealing the urgent need to safeguard judicial independence and uphold the rule of law, says Benes Aldana at the National Judicial College.
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Opinion
NIST March-In Framework Is As Problematic As 2021 Proposal
While the National Institute of Standards and Technology's proposed march-in framework on when the government can seize patents has been regarded as a radical departure that will support lowering prescription drug costs, the language at the heart of it is identical to a failed 2021 notice of proposed rulemaking, says attorney Kelly Morron.
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Series
Riding My Peloton Bike Makes Me A Better Lawyer
Using the Peloton platform for cycling, running, rowing and more taught me that fostering a mind-body connection will not only benefit you physically and emotionally, but also inspire stamina, focus, discipline and empathy in your legal career, says Christopher Ward at Polsinelli.