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Government Contracts
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September 10, 2024
Biden Says He'd Veto Proposed GOP Continuing Resolution
President Biden said Monday that he would veto House Republicans' proposed continuing resolution for fiscal year 2025, asserting that the funding measure amounts to "brinksmanship" and would "place agencies at insufficiently low levels — both for defense and non-defense — for a full six months."
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September 10, 2024
Ex-Conn. Town Atty Slams Official's Defamation Suit Defense
The former attorney for Newington, Connecticut, and the town's tax assessor bickered over whether the latter's allegedly defamatory sentiments linked to now-dismissed ethics complaints were made publicly, with the lawyer insisting the statements were made to select groups of individuals and therefore weren't motivated by concern for the municipality's citizens.
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September 10, 2024
DeSantis Blasts Mass. Suit Over Martha's Vineyard Flights
Florida Gov. Ron DeSantis shouldn't have to fight "conspiracy theory" claims in Massachusetts over whether the Sunshine State tricked migrants into boarding flights to Martha's Vineyard, the governor said in a sweeping dismissal bid.
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September 10, 2024
John Deere Will Pay SEC $10M To End Thai Bribes Probe
Deere & Co. has agreed to pay nearly $10 million to end an investigation by the U.S. Securities and Exchange Commission into bribes paid by executives at a Thai subsidiary that netted the heavy equipment maker millions in contracts with the Thai government and at least one private company.
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September 10, 2024
Meet The Lawyers Tapped To Defend In Glencore Bribery Case
Six former Glencore employees, including the commodity giant's billionaire former head of oil, who have been charged with bribery by the Serious Fraud Office, have tapped an all-star list of the U.K.'s most experienced trial solicitors and barristers with a track record of prevailing against the white-collar agency.
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September 09, 2024
Army Corps Wants Border Fence Deal Rating Dispute Tossed
The U.S. Army Corps of Engineers has urged the U.S. Court of Federal Claims to dismiss a suit alleging it gave an unfairly low performance rating to a border fence construction contractor on a $789 million deal, arguing the rating was fair and reasonable.
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September 09, 2024
Wash. Ends First Inspection Effort Against GEO Group
Washington State has dropped its original bid to force private prison operator The GEO Group to allow its health agency to conduct spot inspections at an immigrant detention facility, after it launched a new suit alleging officials had been blocked from entering.
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September 09, 2024
Siemens To Build $60M Bullet Train Production Facility In NY
Siemens Mobility will build a $60 million bullet train production facility in Horseheads, New York, that is set to start operating in 2026, according to an official announcement Monday.
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September 09, 2024
House OKs Bill To Bar Contracts With Chinese Biotech Cos.
Driven by concerns about U.S. genetic data being shared with the Chinese government, House lawmakers passed a bill on Monday to bar federal agencies from buying certain biotechnology linked to the Chinese government or from contracting with firms that use those products.
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September 09, 2024
Biotech Execs Face Investor Suit Over Medicare Claims
Executives and directors of biopharmaceutical company Ardelyx have been hit with a shareholder derivative suit in Massachusetts federal court alleging the company misled investors over its intentions and ability to apply for a Medicare reimbursement program for its kidney disease treatment.
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September 09, 2024
Sentencing Of Ex-Ecuador Official Delayed By Late Gov't Filing
A frustrated Florida federal judge on Monday pushed back the sentencing of Ecuador's ex-comptroller — who was convicted of laundering more than $12 million in bribes — after admonishing the government for an "inexplicably and undeniably late" forfeiture motion filed at 4 p.m. Friday.
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September 09, 2024
Ex-NYC School Official Gets 2 Years For Bribery Scheme
A former official in New York City's education system was sentenced in federal court Monday to two years in prison, while three others accused of conspiring with him also got prison time, after being convicted of taking bribes to help the co-defendants sell substandard foods to city schools.
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September 09, 2024
Baltimore Strikes $80M Opioid Settlement With Teva
Teva Pharmaceuticals will pay Baltimore $80 million to resolve claims that the company inflamed the city's opioid crisis, the city of Baltimore announced Monday ahead of a trial slated to begin next week against the remaining defendants in the Maryland state court litigation.
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September 09, 2024
DOJ Says Judge Missing 'Egregious' Slur In Race Bias Suit
A Georgia federal judge ignored crucial context and overlooked the "egregious nature" of a racial slur leveled at a Black worker when recommending that a race bias suit brought against a Georgia county by the federal government be thrown out, the U.S. Department of Justice said.
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September 09, 2024
Security Contractor Says It's Owed $3.6M In Worker Credits
A government contractor sued the U.S. for a nearly $3.6 million tax refund in Maryland federal court, claiming the Internal Revenue Service hasn't responded to its request for pandemic-era employee retention credits for the first three quarters of 2021.
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September 06, 2024
Gov't Asks Fed. Circ. To Rehear AI Deal Dispute
The federal government is urging the Federal Circuit to revisit a high-profile decision reviving an artificial intelligence company's protest over its exclusion from a National Geospatial-Intelligence Agency procurement, saying the ruling wrongly expanded the Court of Federal Claims' bid protest jurisdiction.
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September 06, 2024
DC Circ. Could Revive Energy Co.'s $1.1B Angola Suit
The D.C. Circuit appeared open on Friday to reviving an energy company's lawsuit against Angola over $1.1 billion worth of nixed power plant contracts, as a three-judge panel considered during a hearing whether Aenergy SA could collect any potential damages in Angola.
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September 06, 2024
IHS Seeks Stay In $17M Suit In Wake Of High Court Ruling
The Indian Health Service is asking for a stay in a challenge by a Navajo Nation hospital board that seeks $17.4 million in unpaid contract support costs, saying the agency is working toward a methodology on how to address claims stemming from a recent U.S. Supreme Court decision on the issue.
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September 06, 2024
FDII Covers Overseas Services For US Gov't, Memo Says
Government contractors that provide services to U.S. operations overseas are allowed to claim the deduction for foreign-derived intangible income, the IRS said in one of two internal memos released Friday that address foreign income issues.
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September 06, 2024
Insurer Tries To Stop Asset Transfers In $2.6M Builder Lawsuit
An insurance company has urged a Montana federal court to temporarily block a group of construction companies from transferring assets, alleging they owe more than $2.6 million in payments, claims and attorney fees related to projects in Montana and Wyoming.
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September 06, 2024
Indicted Power Broker, Atty Brother Hit With Civil RICO Suit
Philadelphia developer Carl Dranoff has accused the indicted brothers George E. Norcross III, a New Jersey power broker, and Parker McCay CEO Philip A. Norcross of causing him and his company millions of dollars in damages by intimidating and extorting him out of his property development rights in the city of Camden, New Jersey.
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September 06, 2024
Judge Newman's Suspension Extended For Another Year
Federal Circuit Judge Pauline Newman was barred Friday from hearing cases for at least another year due to her refusal to participate in an investigation into her health, with the appeals court's other judges deciding unanimously to extend a suspension that began last year.
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September 05, 2024
DOE Says Bonneville Power Lacks Proper Contract Oversight
The U.S. Department of Energy's Office of Inspector General released a report to the public on Thursday identifying weaknesses in the Bonneville Power Administration's management of its Fish and Wildlife Program contracts, including instances where "invoice reviews lacked supporting documentation to justify the costs incurred."
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September 05, 2024
Navy Justifiably Terminated Deal Over Staffing, Fed. Circ. Told
The U.S. Navy has urged the Federal Circuit to uphold a lower court ruling finding that it reasonably canceled a deal with a defense contractor to perform work at the naval air station in Jacksonville, Florida, over proper staffing, saying the company didn't follow the agreement's terms to provide a team of 20 professionals.
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September 05, 2024
Wash. Justices Uphold State's Wastewater Nitrogen Limits
The Washington Supreme Court overturned a win for the city of Tacoma and other municipal wastewater treatment plant operators challenging state caps on nitrogen discharges, finding Thursday that the limits state regulators added to its permits don't qualify as a rule under the Administrative Procedure Act.
Editor's Picks
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The Latest On Escobar's FCA Impact
Federal courts across the country are handing down important rulings interpreting the U.S. Supreme Court’s landmark decision on False Claims Act liability in Universal Health Services v. Escobar. As the rulings keep pouring in, stay up to speed on Law360’s latest coverage and analysis of Escobar’s impact.
Expert Analysis
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How Methods Are Evolving In Textualist Interpretations
Textualists at the U.S. Supreme Court are increasingly considering new methods such as corpus linguistics and surveys to evaluate what a statute's text communicates to an ordinary reader, while lower courts even mull large language models like ChatGPT as supplements, says Kevin Tobia at Georgetown Law.
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Bid Protest Spotlight: Rule Of Two, Post Award, Cost Request
In this month's bid protest roundup, Alissandra McCann at MoFo examines three recent decisions from the U.S. Government Accountability Office, offering distinct reminders for contractors challenging solicitations while an agency takes corrective action, pursuing post-award bid protests and filing timely cost reimbursement requests.
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ESA Ruling May Jeopardize Gulf Of Mexico Drilling Operations
A Maryland federal court's recent decision in Sierra Club v. National Marine Fisheries Service, vacating key Endangered Species Act analyses of oil and gas operations in the Gulf of Mexico, may create a gap in guidance that could expose operators to enforcement risk and even criminal liability, say attorneys at Holland & Knight.
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Avoiding Corporate Political Activity Pitfalls This Election Year
As Election Day approaches, corporate counsel should be mindful of the complicated rules around companies engaging in political activities, including super PAC contributions, pay-to-play prohibitions and foreign agent restrictions, say attorneys at Covington.
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Navigating Cybersecurity Rule Changes For Gov't Contractors
Excerpt from Practical Guidance
As federal contractors evaluate the security of their IT systems, they should keep in mind numerous changes to the Federal Acquisition Regulations and the Defense Federal Acquisition Regulation Supplement recently promulgated to meet new cyber threats, says William Stowe at KBR.
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How Fund Advisers Can Limit Election Year Pay-To-Play Risks
With Minnesota Gov. Tim Walz now the Democratic candidate for vice president, politically active investment advisers should take practical steps to avoid triggering strict pay-to-play rules that can lead to fund managers facing mutli-year timeouts from working with public funds after contributing to sitting officials, say attorneys at Dechert.
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Why Attorneys Should Consider Community Leadership Roles
Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.
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Opinion
Agencies Should Reward Corporate Cyber Victim Cooperation
The increased regulatory scrutiny on corporate victims of cyberattacks — exemplified by the U.S. Securities and Exchange Commission's case against SolarWinds — should be replaced with a new model that provides adequate incentives for companies to come forward proactively and collaborate with law enforcement, say attorneys at McDermott.
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Firms Must Offer A Trifecta Of Services In Post-Chevron World
After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.
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5 Tips To Succeed In A Master Of Laws Program And Beyond
As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.
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Series
Being An Opera Singer Made Me A Better Lawyer
My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.
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How Law Firms Can Avoid 'Collaboration Drag'
Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.
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Philly Project Case Renews Ongoing Fraud Theory Tug-Of-War
In its upcoming term, the U.S. Supreme Court will hear Kousisis v. U.S., a case involving wire fraud convictions related to Philadelphia bridge repair projects, and may once again further rein in prosecutorial attempts to expand theories of fraud beyond core traditional property rights, say Jonathan Halpern and Kyra Rosenzweig at Holland & Knight.
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Opinion
Litigation Funding Disclosure Key To Open, Impartial Process
Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.
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Whistleblowers Must Note 5 Key Differences Of DOJ Program
The U.S. Department of Justice’s recently unveiled whistleblower awards program diverges in key ways from similar programs at other agencies, and individuals must weigh these differences and look first to programs with stronger, proven protections before blowing the whistle, say Stephen Kohn and Geoff Schweller at Kohn Kohn.