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Government Contracts
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July 12, 2024
Law360 Names 2024's Top Attorneys Under 40
Law360 is pleased to announce the Rising Stars of 2024, our list of 158 attorneys under 40 whose legal accomplishments belie their age.
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July 12, 2024
10th Circ. Tosses Prof's Conviction In 'China Initiative' Case
A split Tenth Circuit panel has reversed the conviction of a former University of Kansas professor accused of hiding the fact that he was pursuing a job in China, ruling that prosecutors hadn't offered enough evidence to prove that his omission was material to any federal agency funding decision.
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July 12, 2024
Whistleblower's Attys Get $5.9M After Losing $11.5M Fee Ask
A Massachusetts federal judge awarded a whistleblower's counsel $5.9 million in fees plus $651,845 in costs and expenses after slashing their prior "exorbitant" $11.5 million fee request in May in a decade-old False Claims Act lawsuit alleging Fresenius Medical Care billed Medicare for unnecessary hepatitis tests.
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July 12, 2024
Claims Court Sends Back Row Over DOD Construction Deal
A Court of Federal Claims judge has tossed one protest over a U.S. Department of Defense construction support contract and remanded another to the DOD, saying the department needs to properly justify its choice of contractor.
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July 12, 2024
Subcontractor Ducks Counterclaims In $1M Army Lab Suit
The prime construction contractor for a U.S. Army lab failed to provide enough evidence to bring counterclaims against a subcontractor in its $1 million breach of contract suit, a Massachusetts federal judge has ruled.
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July 12, 2024
CACI Can't Avoid New Trial In Abu Ghraib Torture Case
A Virginia federal judge has refused to revisit a decision denying CACI International's attempt to toss a case accusing the company of aiding torture at Iraq's Abu Ghraib military prison following a mistrial, saying CACI hasn't shown any error in her earlier ruling.
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July 12, 2024
Chancery Tosses Centene Shareholders' Medicaid Fraud Suit
The Delaware Chancery Court on Friday dismissed a Centene stockholder derivative lawsuit seeking damages from company directors and officers over allegations of a multistate Medicaid pharmacy benefit billing fraud scheme that the investors said could result in a $1.25 billion liability for the healthcare giant.
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July 12, 2024
Texas City Escapes Suit Over 2014 Toby Keith Concert
A state appeals court wrote that a south Texas city can escape a lawsuit brought by the promoters of a Toby Keith concert held at a city building, writing that the city didn't waive governmental immunity because the contract was verbal.
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July 12, 2024
Pennsylvania Telecom Co. Will Pay $6.5M To Settle FCA Case
A Western Pennsylvania telecommunications company has agreed to pay $6.5 million to settle claims that it violated federal law by inflating its costs in order to receive greater federal subsidies under the Federal Communication Commission's High-Cost Program, the U.S. Department of Justice said Friday.
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July 12, 2024
Former City Treasurer Gets 30 Months In $1M Embezzlement
A former city treasurer in Alaska was sentenced to two and a half years in prison after having admitted to tax evasion and fraud in connection with a $1 million embezzlement scheme, according to Alaska federal court documents.
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July 11, 2024
Airport Contractor Looks To Collect $91M Peru Award
An contractor has asked a D.C. federal court to enforce a $91 million arbitral award that it won against the Republic of Peru over a terminated contract to build and operate an airport in the town of Chinchero.
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July 11, 2024
Colo. Panel Rejects 3rd Party Shields To Anti-Influencing Law
A Colorado law criminalizing attempts to influence public servants doesn't require an offender to personally influence the official "by means of deceit," a state appellate panel ruled Thursday, holding for the first time that a person can be liable for engaging in a plan of deception with a third party.
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July 11, 2024
FERC 'Waiting For Me To Die' With Late Order, Utility Atty Says
Counsel for the Louisiana Public Service Commission told the Fifth Circuit on Thursday the Federal Energy Regulatory Commission is "waiting for me to die" as it delays issuing a compliance order to System Energy Resources Inc., saying the agency was doing irreparable harm to consumers.
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July 11, 2024
Calif.'s Insulin Cost Suit Belongs In Fed. Court, 9th Circ. Told
Express Scripts and Caremark PCSHealth urged the Ninth Circuit on Thursday to reverse a lower court's order sending California's antitrust suit over skyrocketing insulin prices back to state court, with both appellants' counsel arguing the state's claims involve disputes over federal contracts and regulations that must be resolved in federal court.
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July 11, 2024
Jurisdiction Issue May Doom Taliban-Seized Warehouse Suit
A logistics company's suit seeking $41 million in coverage after one of its warehouses in Afghanistan was seized by the Taliban will be tossed for lack of subject matter jurisdiction unless the company can cure the deficiency, which "does not appear feasible," a New York federal court ruled.
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July 11, 2024
'Bridgegate' Defense Offers Road Map For NJ RICO Case
Counsel for the powerful New Jersey mogul and Democratic operatives facing explosive racketeering charges are likely to justify their actions as just business, experts told Law360, describing defense tactics similar to the ones that absolved defendants in "Bridgegate," New Jersey's most notorious politics-fueled crime in recent history.
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July 11, 2024
Senate Confirms Judge To Federal Claims Court
The Senate voted 52-39 Thursday to confirm U.S. Magistrate Judge Robin M. Meriweather to the Court of Federal Claims for a term of 15 years.
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July 11, 2024
Biden Floats $2B To Drive US Auto Industry's EV Pivot
The Biden administration on Thursday unveiled its latest initiative to bolster domestic automotive production by offering nearly $2 billion in grants to convert 11 auto manufacturing and assembly facilities that have been shuttered or are at risk of closing to build electric vehicles and related components.
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July 10, 2024
Rite Aid, DOJ Craft $410M Settlement Of Opioid Sale Claims
Rite Aid agreed to a nearly $410 million settlement with the U.S. Department of Justice, the bulk of which will be an unsecured claim in the company's Chapter 11 case, that will put to bed allegations the pharmacy chain dispensed opioids illegally, the DOJ announced Wednesday.
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July 10, 2024
Judge Newman Faces More Hurdles In Bid To End Suspension
With the dismissal of Federal Circuit Judge Pauline Newman's lawsuit against her colleagues over her suspension, experts say she faces significant challenges in securing a different outcome on appeal or persuading the court's other judges to let her hear cases again.
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July 10, 2024
GOP Bombards Agencies With Demands After Chevron's End
Republican leaders of major congressional committees Wednesday demanded details from dozens of agencies on policies suddenly shrouded in uncertainty after U.S. Supreme Court conservatives overturned the so-called Chevron doctrine, which for 40 years gave regulators flexibility in rulemaking and advantages in related litigation.
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July 10, 2024
Engineer Who Faced Export Charges Cops To Tax Counts
A Chinese-born engineer has pled guilty to two counts of filing a false tax return related to allegations that he and his wife omitted gross income from their tax returns between 2015 and 2019, after Texas federal prosecutors initially charged the couple with export violations and fraud.
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July 10, 2024
Drug Test Co. Pays $1M To Settle Medicare Fraud Claims
A Los Angeles drug testing lab will pay at least $1 million to settle claims it doubled-billed Medicare for toxicology tests for people undergoing treatment for opioid use disorder, Boston federal prosecutors said Wednesday.
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July 09, 2024
Pharma Co. Fined $16.9M For Fake Scripts, Ex-VP Arrested
A subsidiary of bankrupt DMK Pharmaceuticals Corp. faces a $16.9 million criminal fine after pleading guilty to conspiring in a scheme to ship drugs using false prescriptions, federal prosecutors announced Tuesday, adding that the subsidiary's former vice president of sales was also arrested.
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July 09, 2024
4th Circ. Finds No Judicial Bias In DOD Contractor's Sentence
The Fourth Circuit on Tuesday upheld a nine-year prison sentence for a North Carolina woman who fraudulently obtained military contracts valued at over $2.2 million, rejecting her argument that the district judge should've recused himself for bias and calling his admonishment during her sentencing "'ordinary,' albeit strongly worded."
Expert Analysis
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What Recent Study Shows About AI's Promise For Legal Tasks
Amid both skepticism and excitement about the promise of generative artificial intelligence in legal contexts, the first randomized controlled trial studying its impact on basic lawyering tasks shows mixed but promising results, and underscores the need for attorneys to proactively engage with AI, says Daniel Schwarcz at University of Minnesota Law School.
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Understanding Fixed-Price Gov't Contracts And Inflation Relief
Excerpt from Practical Guidance
Contractors party to fixed-price contracts should note the recent shift in the government’s approach to cost adjustments in light of inflation, and familiarize themselves with certain steps that could help mitigate economic losses arising from increased performance and delivery costs, says Craig Stetson at Capital Edge Consulting.
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BIPA's Statutory Exemptions Post-Healthcare Ruling
The Illinois Supreme Court's November opinion in Mosby v. Ingalls Memorial Hospital, which held that the Biometric Information Privacy Act's healthcare exemption also applies when information is collected from healthcare workers, is a major win for healthcare defendants that resolves an important question of statutory interpretation, say attorneys at Quinn Emanuel.
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Litigation Inspiration: A Source Of Untapped Fulfillment
As increasing numbers of attorneys struggle with stress and mental health issues, business litigators can find protection against burnout by remembering their important role in society — because fulfillment in one’s work isn’t just reserved for public interest lawyers, say Bennett Rawicki and Peter Bigelow at Hilgers Graben.
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Series
Skiing Makes Me A Better Lawyer
A lifetime of skiing has helped me develop important professional skills, and taught me that embracing challenges with a spirit of adventure can allow lawyers to push boundaries, expand their capabilities and ultimately excel in their careers, says Andrea Przybysz at Tucker Ellis.
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Practical Steps For Navigating New Sanctions On Russia
After the latest round of U.S. sanctions against Russia – the largest to date since the Ukraine war began – companies will need to continue to strengthen due diligence and compliance measures to navigate the related complexities, say James Min and Chelsea Ellis at Rimon.
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Bid Protest Spotlight: Conflict, Latent Ambiguity, Cost Realism
In this month's bid protest roundup, Markus Speidel at MoFo examines a trio of U.S. Government Accountability Office decisions with takeaways about the consequences of a teaming partner's organizational conflict of interest, a solicitation's latent ambiguity and an unreasonable agency cost adjustment.
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Think Like A Lawyer: Forget Everything You Know About IRAC
The mode of legal reasoning most students learn in law school, often called “Issue, Rule, Application, Conclusion,” or IRAC, erroneously frames analysis as a separate, discrete step, resulting in disorganized briefs and untold obfuscation — but the fix is pretty simple, says Luke Andrews at Poole Huffman.
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Valeant Ruling May Pave Way For Patent-Based FCA Suits
The Ninth Circuit’s recent ruling in Silbersher v. Valeant marks a significant development in False Claims Act jurisprudence, opens new avenues for litigation and potentially raises the stakes for patent applicants who intend to do business with the government, say Joshua Robbins and Rick Taché at Buchalter.
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How Firms Can Ensure Associate Gender Parity Lasts
Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.
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7 Common Myths About Lateral Partner Moves
As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.
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Series
Cheering In The NFL Makes Me A Better Lawyer
Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.
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Unpacking The New Russia Sanctions And Export Controls
Although geographically broad new prohibitions the U.S., U.K. and EU issued last week are somewhat underwhelming in their efforts to target third-country facilitators of Russia sanctions evasion, companies with exposure to noncompliant jurisdictions should pay close attention to their potential impacts, say attorneys at Shearman.
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Args In APA Case Amplify Justices' Focus On Agency Power
In arguments last week in Corner Post v. Federal Reserve, the U.S. Supreme Court justices paid particular importance to the possible ripple effects of their decision, which will address when a facial challenge to long-standing federal rules under the Administrative Procedure Act first accrues and could thus unleash a flood of new lawsuits, say attorneys at Snell & Wilmer.
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Mitigating Whistleblower Risks After High Court UBS Ruling
While it is always good practice for companies to periodically review whistleblower trainings, policies and procedures, the U.S. Supreme Court’s recent whistleblower-friendly ruling in Murray v. UBS Securities helps demonstrate their importance in reducing litigation risk, say attorneys at Arnold & Porter.