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Government Contracts
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August 22, 2024
NJ Panel Rejects Dispensary's Bid To Revive Application Suit
A would-be cannabis entrepreneur can't upend a New Jersey township's decision to decline her application for a retail license in favor of others, a state appeals court ruled, saying that she needed to name her competitors as defendants to keep the case viable.
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August 22, 2024
Builder Wins $524M Contract For Cybersecurity Agency HQ
The U.S. General Services Administration announced that it has awarded a construction company with a $524 million contract to build the new Washington, D.C., headquarters for a U.S. Department of Homeland Security agency.
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August 21, 2024
RTX Wants Trade Secrets Trial Closed To 'Non-US Persons'
Defense contractor RTX is fighting with a manufacturer over whether a trade secrets trial next week over the design of a mechanical bearing used in the U.S. military's "StormBreaker" bomb should be closed off to all "non-U.S. persons."
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August 21, 2024
Legal, Policy Orgs Urge Justices To Toss FCA Interpretation
Two groups are defending AT&T subsidiary Wisconsin Bell Inc. in its challenge to the use of the False Claims Act for E-Rate program reimbursement fraud, telling the Supreme Court in amicus briefs Tuesday that the Seventh Circuit's ruling in the case would make the FCA's qui tam powers too expansive.
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August 21, 2024
500,000 Camp Lejeune Cases Filed With The Navy
The federal government and Camp Lejeune litigants have told the North Carolina federal court overseeing claims over contaminated drinking water at the Marine base that there have been nearly 550,000 administrative claims filed with the U.S. Navy.
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August 21, 2024
Ga. City Asks Full 11th Circ. To Review Race Bias Suit Revival
A southern Georgia city is urging the full Eleventh Circuit to reconsider a panel decision that revived a white city manager's lawsuit claiming it unlawfully fired him to hire a Black woman, arguing the panel improperly extended the alleged discriminatory intent of one Black city commissioner onto other Black commissioners.
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August 21, 2024
Mich. Families Drop Virtual Jail Visit Suit Against Telecom
Families of inmates in the St. Clair County Jail have dropped their claims against a jail telecommunication provider after a Michigan state judge ruled that the families' constitutional rights were not violated by the jail's decision to replace in-person visitation with video calling.
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August 21, 2024
Government Contractor Escapes Workers' Exit Pay Suit
A North Carolina federal judge on Wednesday tossed a lawsuit former workers lodged against a government contractor accusing it of illegally amending a policy to avoid providing employees with payouts when they left the company, saying the policy at issue is not governed by federal benefits law.
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August 21, 2024
Justices Urged To Take Up 9th Circ. $1.3B Award Suit
The corporate arm of India's space agency is trying to downplay how big of a circuit split the Ninth Circuit created when it ruled it had no jurisdiction over a $1.3 billion arbitral award, but the company's attempts are "unconvincing," an Indian satellite telecom has told the U.S. Supreme Court.
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August 21, 2024
Health Co. Investors Fight To Keep Suit Over Migrant Deal
Investors in mobile medical provider DocGo are urging a New York federal judge not to toss a suit alleging it deceived stockholders before a $432 million contract with New York City to provide emergency migrant housing came under public scrutiny, saying the complaint sufficiently establishes that the defendants made material misstatements and omissions.
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August 21, 2024
Ex-Venezuelan Oil Employee Pleads Guilty To Sanctions Plot
The former procurement head at Petróleos de Venezuela SA, Venezuela's state-owned oil company, pled guilty to conspiring to obtain millions of dollars' worth of U.S. aircraft parts for the business, in violation of U.S. sanctions.
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August 20, 2024
Gulf Spill Review 'Underestimated' Enviro Risks, Court Says
A National Marine Fisheries Service review of the effects of oil and gas drilling in the Gulf of Mexico violates federal law, a Maryland federal judge ruled, agreeing with the Sierra Club and other environmental groups that the agency underestimated the risks to endangered and threatened marine species.
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August 20, 2024
SF Police Can't Sue Navy Over Toxic Shipyard, 9th Circ. Says
A group of San Francisco police officers cannot pursue their suit alleging the U.S. Navy misled the city into leasing a former naval shipyard that was not properly decontaminated following its use during the Cold War, which led to the officers suffering health problems, the Ninth Circuit ruled Tuesday.
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August 20, 2024
Co. Says No License Needed To Dispute $1B DOD Fuel Deal
A company alleging a $1 billion Defense Logistics Agency African fuel supply contract effectively requires bribery to secure has told the Court of Federal Claims it can protest the deal despite lacking a local license, saying the license wasn't necessary for the contracted work.
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August 20, 2024
Colorado County Says Aetna Owes $1.1M In Rebates
Aetna Life Insurance Co. is withholding more than $1 million in pharmacy rebates from a Colorado county under an inapplicable early termination clause after local leaders switched to United Healthcare for health insurance services in 2023, according to a federal lawsuit.
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August 20, 2024
Appeal Board Says Unpaid Army Invoice Claims Too Late
The Armed Services Board of Contract Appeals has tossed as untimely a moving company's appeals over unpaid invoices, saying that although the U.S. Army caused the payment delays, the contractor could and should have filed its claims earlier.
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August 20, 2024
At Nutter, Old Guard Meets New In Expanded Gov't Practice
Twenty-five years after they first met at Boston's Suffolk University Law School as professor and student, Bill Kennedy and Dan Mulhern are teaming up to lead an expanded government affairs and public policy practice at Nutter McClennen & Fish LLP.
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August 20, 2024
A Deep Dive Into Law360 Pulse's 2024 Women In Law Report
The legal industry continues to see incremental gains for female lawyers in private practice in the U.S., according to a Law360 Pulse analysis, with women now representing 40.6% of all attorneys and 51% of all associates.
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August 20, 2024
These Firms Have The Most Women In Equity Partnerships
The legal industry still has a long way to go before it can achieve gender parity at its upper levels. But these law firms are performing better than others in breaking the proverbial glass ceiling that prevents women from attaining leadership roles.
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August 19, 2024
MOVEit MDL Judge's Call For Order Met With Atty Squabbles
A federal judge's effort to streamline multidistrict litigation over a 2022 data breach involving Progress Software's MOVEit file transfer tool instead led to a lengthy and contentious joint filing in which the parties accused one another of gamesmanship.
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August 19, 2024
AT&T, CACI And Others Win $12.5B Air Force Network Deal
The U.S. Air Force has awarded a $12.5 billion network modernization contract to AT&T, CACI, General Dynamics, Leidos and others, according to an announcement.
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August 19, 2024
Gov't, Contractor Urge Against Sanctions Over Doc Dispute
Both the federal government and a contractor have urged a Court of Federal Claims judge not to sanction the government for the mislabeling of documents in a dispute over a U.S. Air Force construction deal, after the government argued its mistakes were inadvertent.
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August 19, 2024
Judge Urges Throwing Out DOJ's 'Simple' Race Bias Suit
A federal judge recommended dismissing a U.S. Department of Justice suit accusing a Georgia county of firing two Black workers who complained about a slur from a white colleague, faulting the DOJ for trying to "overcomplicate" the case.
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August 19, 2024
DC Council Member Charged With Bribery
Federal prosecutors are accusing a Washington, D.C., councilmember of accepting more than $150,000 in bribes and kickbacks in exchange for pressuring government employees to extend city contracts, according to a complaint unsealed Monday in D.C. federal court.
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August 19, 2024
Israel Boycott Question Withdrawn From Pittsburgh Ballots
A proposed ballot question that would have required the City of Pittsburgh to stop doing business with or granting tax credits to entities associated with Israel during its war in Gaza will be withdrawn for lack of enough valid signatures, the parties agreed Monday — leaving unanswered whether such measures are preempted by state law.
Expert Analysis
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What Cos. Should Note In DOJ's New Whistleblower Pilot
After the U.S. Department of Justice unveiled a new whistleblower pilot program last week — continuing its efforts to incentivize individual reporting of misconduct — companies should review the eligibility criteria, update their compliance programs and consider the risks and benefits of making their own self-disclosures, say attorneys at Skadden.
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Motion To Transfer Venue Considerations For FCA Cases
Several recent decisions highlight the importance for practitioners of analyzing as early as possible whether a False Claims Act case warrants a change of venue, and understanding how courts weigh certain factors for defendants versus whistleblowers, say Ellen London at London & Stout, and Li Yu and Corey Lipton at DiCello Levitt.
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Series
After Chevron: New Lines Of Attack For FCA Defense Bar
Loper Bright has given defense counsel new avenues to overcome the False Claims Act elements of falsity and scienter, as any FCA claim based upon ambiguous statutory terms can no longer stand solely on agency regulations to establish the statute's meaning, which is itself necessary to satisfy the FCA's basic requirements, says Elisha Kobre at Bradley Arant.
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Series
Teaching Scuba Diving Makes Me A Better Lawyer
As a master scuba instructor, I’ve learned how to prepare for the unexpected, overcome fears and practice patience, and each of these skills – among the many others I’ve developed – has profoundly enhanced my work as a lawyer, says Ron Raether at Troutman Pepper.
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SolarWinds Ruling Offers Cyber Incident Response Takeaways
The New York federal court's dismissal of all charges related to the 2019 Sunburst cyberattack is a devastating blow to the U.S. Securities and Exchange Commission's cybersecurity case against SolarWinds, but the well-reasoned opinion provides valuable lessons that may improve companies' defensive posture in the wake of a major cybersecurity incident, say attorneys at Troutman Pepper.
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Lawyers Can Take Action To Honor The Voting Rights Act
As the Voting Rights Act reaches its 59th anniversary Tuesday, it must urgently be reinforced against recent efforts to dismantle voter protections, and lawyers can pitch in immediately by volunteering and taking on pro bono work to directly help safeguard the right to vote, says Anna Chu at We The Action.
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PE Firms Should Prepare For Increased False Claims Scrutiny
The impact private equity firms may have over medical decisions and care is increasingly attracting potential liability under the False Claims Act and attention from states and the federal government, so investors should follow best practices including conducting due diligence both before and after acquisitions, say attorneys at K&L Gates.
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Pros And Cons Of 2025 NDAA's Space Contracting Proposal
The introduction of a Commercial Augmentation Space Reserve fleet in the pending 2025 National Defense Authorization Act presents a significant opportunity for space and satellite companies — despite outstanding questions, and potential risks, for operators, say attorneys at Wiley.
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3 Healthcare FCA Deals Provide Self-Disclosure Takeaways
Several civil False Claims Act settlements of alleged healthcare fraud violations over the past year demonstrate that healthcare providers may benefit substantially from voluntarily disclosing potential misconduct to both the U.S. Department of Justice and the U.S. Department of Health and Human Services, say Brian Albritton and Raquel Ramirez Jefferson at Phelps Dunbar.
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Heading Off Officials' Errors When Awarded A Gov't Contract
Government contractors awarded state or local projects funded through federal programs should seek clarification of their compliance obligations, documenting everything, or risk having to defend themselves when they seek reimbursement months later, with only their word for support, says George Petel at Wiley.
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2nd Circ. Ruling May Limit Discovery In Int'l Arbitration
The Second Circuit's recent Webuild v. WSP decision, affirming a discovery order's nullification in arbitration between Webuild and the government of Panama, demonstrates courts' unwillingness to find that arbitral tribunals in investor-state cases fall within the scope of the discovery statute, say attorneys at Cleary.
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Justices' Intent Witness Ruling May Be Useful For Defense Bar
At first glance, the U.S. Supreme Court’s recent Diaz v. U.S. decision, allowing experts to testify to the mental state of criminal defendants in federal court, gives prosecutors a new tool, but creative white collar defense counsel may be able to use the same tool to their own advantage, say Jack Sharman and Rachel Bragg at Lightfoot Franklin.
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How To Grow Marketing, Biz Dev Teams In A Tight Market
Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.
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What Patent Litigators Should Know About CHIPS Act Grants
With the U.S. Department of Commerce now actively awarding grants under the CHIPS and Science Act, recipients should ensure they understand the implications of promises to construct new semiconductor manufacturing facilities, especially in jurisdictions with active patent litigation dockets, say Gabriel Culver and Peter Hillegas at Norton Rose.
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Unpacking HHS' Opinion On Cell Therapy Refund Programs
A recent advisory opinion from the U.S. Department of Health and Human Services, determining that a biopharma company's refund program for its cell therapy will not be penalized, indicates an encouraging willingness to engage, but the regulator's assumptions about the program's limited term warrant a closer look, says Mary Kohler at Kohler Health.