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Government Contracts
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June 24, 2024
Architect Wants Roofer's Claim Nixed Over $17.6M School Fires
Connecticut architectural firm Silver Petrucelli & Associates Inc. asked a state judge on Monday to strike a cross-claim by a builder it accused of impermissably using blowtorches to attach flashing to a school roof, setting fires in December 2021 and July 2022 that caused an alleged $17.6 million in damage.
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June 24, 2024
Justices Undo Terror Victims' Win, Citing Twitter Decision
The U.S. Supreme Court on Monday swept aside a D.C. Circuit ruling that threatened to expose major pharmaceutical companies to liability for terrorist attacks that injured or killed hundreds of U.S. soldiers and civilians in Iraq.
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June 24, 2024
Feds Reach $34M Deal Over Canceled Deportation Flights
The U.S. Department of Homeland Security, U.S. General Services Administration and an aviation company have struck a $34.4 million settlement ending litigation over canceled deportation flights, according to a filing at the U.S. Civilian Board of Contract Appeals.
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June 24, 2024
Judge Blocks Part Of DOL Construction Prevailing Wage Rule
A Texas federal judge on Monday blocked parts of a U.S. Department of Labor rule changing how prevailing wages are determined for federally funded construction projects from going into effect, saying the department had overstepped its authority under the Davis-Bacon Act.
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June 24, 2024
DC Circ. Backs Gov't Contractor Win In Fight With Ex-Worker
The D.C. Circuit has backed a ruling that a former senior technical manager for government contractor Apprio Inc. breached a proprietary information agreement giving the rights of certain software he created over to the company.
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June 24, 2024
Landlord Says Insurer Botched Coverage For $1M State Deal
A Colorado landlord is accusing an insurance broker and carrier of secretly adding an endorsement to its policy to bar coverage for a $1 million settlement the landlord entered into to resolve a state investigation over alleged misuse of tenant funds.
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June 24, 2024
NM Sued Over Sustainable Building Credit Award Process
A New Mexico apartment complex alleges that the state violated its due process rights after it was denied sustainable building tax credits for most of its units, according to a complaint filed in federal court.
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June 24, 2024
Construction Super Says Name Was Secretly Used On Permits
A unit of construction engineering firm Structural Group Inc. improperly used the name of a licensed construction supervisor on at least half a dozen Massachusetts projects in which he was not involved, according to a lawsuit filed Monday in Norfolk County Superior Court.
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June 21, 2024
Quinn Emanuel Rips Columbia's 'Utterly Meritless' Filing Bid
Quinn Emanuel Urquhart & Sullivan LLP told the Federal Circuit on Friday that Columbia University's bid to introduce a former Norton Lifelock computer scientist's declaration claiming the company's former lawyers at the firm are lying about his refusal to testify in the school's decade-long $600 million patent case is "utterly meritless."
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June 21, 2024
Lockheed Units To Pay $70M To End FCA Cost Inflation Suit
Sikorsky Support Services Inc. and Derco Aerospace Inc. have agreed to pay $70 million to settle a federal lawsuit alleging that they overcharged the U.S. Navy for spare parts and materials for training aircraft through an illegal subcontracting arrangement, the U.S. Department of Justice announced Friday.
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June 21, 2024
Fed Circ. Revives Gov't Defenses In Land Underpayment Case
The Federal Circuit on Friday revived a dispute alleging that the U.S. Forest Service underpaid for a property, saying the U.S. Court of Federal Claims wrongly rejected the agency's arguments that the seller shouldn't have relied on a disputed appraisal when selling.
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June 21, 2024
Watchdog Backs NASA's Move To Cut Bid For $2B Deal
A federal watchdog rejected a Science Applications International Corp.'s efforts to rejoin competition for a $2 billion National Aeronautics and Space Administration deal, saying in a decision released Friday that NASA sufficiently explained why it found SAIC's bid noncompetitive.
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June 21, 2024
Union Tells 1st Circ. It's Fit To Bring Debt Cap Challenge
A U.S. government workers' union challenging the constitutionality of the debt ceiling urged the First Circuit to ignore the Biden administration's argument that union members couldn't explain how it harms them, saying it's reasonable to expect their paychecks will be suspended when it is reimposed.
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June 21, 2024
'Unexplained' Census Bureau Contract Cancellation Reversed
The U.S. Census Bureau failed to properly explain why it canceled a contract award to an information technology firm after two of the company's competitors challenged the award, a federal claims court judge has determined.
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June 21, 2024
GAO Says CMS Didn't Address Contractor Conflict Of Interest
The U.S. Government Accountability Office has backed a protest over a $30.65 million Centers for Medicare & Medicaid Services analytics task order, saying CMS failed to properly account for a conflict of interest involving a proposed subcontractor for the awardee.
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June 21, 2024
Feds Offer $850M To Slash Methane From Oil And Gas
The Biden administration on Friday unveiled the latest prong of its multifaceted plan to cut methane emissions from the oil and gas sector: $850 million worth of federal funding for projects that monitor, measure and reduce emissions from oil and gas infrastructure.
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June 20, 2024
NC Agency Hit With Race Bias Suit Over $17.8M Project
The North Carolina Department of Transportation and one of its contractors subjected Black employees of a subcontractor to "flagrant racial discrimination," according to a federal lawsuit filed Wednesday.
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June 20, 2024
DOI Secretary Looks To Ax Insurer's $20M Tribal Loan Claims
U.S. Department of the Interior Secretary Deb Haaland is seeking a win in a challenge over the cancelation of a $20 million tribal loan guarantee, arguing that an Ohio federal district court lacks subject-matter jurisdiction over Great American Life Insurance Co.'s remaining claims.
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June 20, 2024
HHS Drug Pricing Program Flouts Constitution, Boehringer Says
An "unprecedented" new Medicare price negotiation program deprives drugmakers of their constitutional rights and forces them to make declarations on issues of public concern that reflect poorly on them, Boehringer Ingelheim Pharmaceuticals Inc. argued Thursday in Connecticut federal court as it echoed the industry chorus seeking to strike the initiative.
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June 20, 2024
Worker Says Co. Inflated Deductions To Duck Prevailing Wage
An electrical contracting firm overdeducted fringe benefits from the pay of employees who worked on publicly funded projects, dragging down their prevailing wages, a former electrician said in a proposed class action in Pennsylvania state court.
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June 20, 2024
Judge Won't Stay Ruling That Prompted Navy Debarment
A Court of Federal Claims judge has refused to stay his judgment rejecting a company's protest over the termination of a Navy task order, a ruling that prompted the Navy to propose debarring the company, saying a stay wouldn't affect the debarment process.
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June 20, 2024
Meet The Bridgegate Atty For NJ Power Broker In RICO Case
Law360 Pulse caught up with Michael Critchley Sr., counsel for recently indicted New Jersey Democratic power broker George E. Norcross III, and lawyers who know him about his decadeslong track record of successful legal defenses in high-profile cases and how he’s preparing for his latest challenge.
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June 18, 2024
High Court Petition Asks Justices: What's A 'Willful' Kickback?
Does a "willful" act under federal anti-kickback law require a defendant to know that the conduct violates the law? That's the question a whistleblower is asking the U.S. Supreme Court to answer in order to resolve what the petition calls a circuit split on a key question of federal fraud prosecutions.
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June 18, 2024
The 2 Attys Ensnared In A NJ Mogul's Racketeering Rap
New Jersey businessman George E. Norcross III may be the alleged mastermind of a racketeering scheme to reap millions in tax credits on waterfront property in a distressed city, but the explosive indictment also reveals the purported roles of two attorneys with close ties to the Democratic Party.
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June 18, 2024
Charges Dropped In NYC Mayor Straw Donor Case
A New York state judge on Tuesday dismissed charges against a former development consultant and state employee, who was accused of being part of a conspiracy to funnel straw donor funds to New York City Mayor Eric Adams' 2021 campaign, after prosecutors agreed to drop the case.
Expert Analysis
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Inside New Classified Contract Guidance For Joint Ventures
A recent Information Security Oversight Office notice clarifies the interplay between small business joint-venture rules and eligibility determinations for U.S. Department of Defense classified contracts, but it's still unclear how this should be interpreted for non-DOD procurements, says Todd Overman at Bass Berry.
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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.