Government Contracts

  • July 22, 2024

    1st Circ. Hints At Higher Bar For Feds In Anti-Kickback Cases

    The First Circuit on Monday questioned the government's assertion that Congress intended to broaden the standard for liability in False Claims Act kickback cases when it passed a key amendment in 2010.

  • July 22, 2024

    Sullivan, Freshfields Steer $905M Goodyear Off-Road Biz Sale

    Sullivan & Cromwell LLP and Freshfields Bruckhaus Deringer guided the $905 million sale of Goodyear Tire & Rubber Co.'s off-the-road tire business to Yokohama Rubber Co. Ltd. except for the part of that business providing off-road tires to the U.S. military and other defense entities, the companies announced Monday.

  • July 22, 2024

    Boston Fund Can't Duck SEC's Unregistered Dealer Case

    A Massachusetts federal judge on Monday kept alive U.S. Securities and Exchange Commission allegations that Boston investment firm Auctus Fund violated securities laws by failing to register as a broker-dealer when harvesting deeply discounted shares of cash-strapped public companies through debt agreements.

  • July 22, 2024

    Ga. Dems Challenge 'Cronyism' Behind Fundraising Law

    A special campaign finance committee created by Georgia Republicans three years ago to sidestep limits on political fundraising is in the crosshairs of a recent lawsuit filed by the state's Democratic Party, which alleges the law creates an "asymmetrical campaign contribution scheme" designed to protect incumbents.

  • July 22, 2024

    Bus Parts Co. To Pay Up To $4M To End Criminal Fraud Probe

    French bus parts supplier CBM will pay up to about $4 million and enter into a non-prosecution agreement with the U.S. government to end an investigation into an alleged scheme to pass off generic parts to U.S. transit authorities as brand-name parts, Manhattan federal prosecutors said Monday.

  • July 22, 2024

    NYC Says Migrant Busing Has Stopped Amid Border Curbs

    New York City retreated from its pending motion in state court to block eight charter bus companies from contracting with Texas to transport migrants to the city, saying the busing has already stopped after the Biden administration implemented new border policies.

  • July 19, 2024

    Calif. Bar Backs Creating New Virtual Bar Exam To Cut Costs

    The State Bar of California's Board of Trustees has signed off on plans to negotiate a potentially $8 million, five-year deal with Kaplan North America LLC to replace the Multistate Bar Exam with its own state exam that could be taken remotely, according to a statement issued Friday.

  • July 19, 2024

    Mich. Judge Axes Challenge To Student Loan Payment Freeze

    A Michigan federal judge on Thursday tossed a challenge to the Biden administration's suspension of student loan payments during the COVID-19 pandemic, finding the think tank that brought the suit lacked standing.

  • July 19, 2024

    SolarWinds' Ruling 'No Comfort' For Cybersecurity Leaders

    Although a federal district court has struck down significant portions of the U.S. Securities and Exchange Commission's data breach case against software developer SolarWinds Corp., attorneys say what remains of the lawsuit gives "no comfort" to chief information security officers hoping to avoid similar suits over statements about their company's cybersecurity practices.

  • July 19, 2024

    2nd Circ. Rejects Webuild Discovery Bid In Panama Arbitration

    The Second Circuit on Friday affirmed a Manhattan federal judge's order that quashed a subpoena from Italian builder Webuild SPA to engineering firm WSP USA for use in an arbitration related to an expansion of the Panama Canal.

  • July 19, 2024

    NJ Towns Not Liable For Water Contaminants, Panel Rules

    A panel of New Jersey state appeals court judges ruled Friday that municipalities charging for water service aren't in an implied contractual relationship with residents and thus can't be found in breach of contract for elevated contaminant levels in the water.

  • July 19, 2024

    Axon Says FTC Has 'No Reason' To Wade Into Suit

    Axon urged a New Jersey federal judge Thursday to "give no weight" to a Federal Trade Commission amicus intervention into a proposed class action against the company, arguing that however much the FTC bristles at references to an abandoned merger case, that consternation isn't relevant to the instant suit.

  • July 19, 2024

    Regeneron Rips DOJ's FCA Suit As 'Divorced From Reality'

    Regeneron Pharmaceuticals Inc. has told a Massachusetts federal judge that a False Claims Act suit brought by the U.S. Department of Justice claiming the company withheld information about a drug's average sales price was "divorced from reality" and the practice the government was complaining about was commonplace.

  • July 18, 2024

    DaVita To Pay $34M In Medicare Kickback Whistleblower Suit

    Dialysis company DaVita will pay more than $34 million to settle a Medicare fraud case over alleged kickbacks doctors received in exchange for patient referrals, after a whistleblower from the company's C-suite came forward, the U.S. Attorney's Office for the District of Colorado announced Thursday.

  • July 18, 2024

    Fed. Circ. OKs Navy Deal Despite Contractor's Labor Unrest

    The Federal Circuit denied Thursday a contractor's protest bids for U.S. Navy aircraft services contracts at two European bases, rejecting arguments that the lower court didn't properly consider the winning contractor's past labor violations and that the U.S. Supreme Court's overturning of the so-called Chevron doctrine "upends" the underlying decision.

  • July 18, 2024

    GAO Refuses To Disturb $3.8B Air Force Contract Award

    The U.S. Government Accountability Office backed the Air Force's decision to award a $3.85 billion contract for support services at a Tennessee base, rejecting a challenge lodged by a competing contractor, a decision made public Thursday showed.

  • July 18, 2024

    DOE Plans $861M Support For PR Solar, Storage Project

    The U.S. Department of Energy on Thursday said it's conditionally committing to a loan guarantee of up to $861.3 million for two battery storage equipped solar farms and two standalone battery energy storage systems in Puerto Rico that will help the island meet its energy goals.

  • July 18, 2024

    More Novel Protests May Follow OTA Jurisdiction Ruling

    A Court of Federal Claims decision asserting jurisdiction over certain disputes stemming from the U.S. government's authority to mimic commercial purchasing practices could open the door for more novel protests challenging the use of that authority.

  • July 18, 2024

    BAE Gets Wage Claims Cut From Engineer's Retaliation Suit

    A former engineer for BAE Systems adequately alleged that it understood he was raising concerns about his overtime pay when it chose to fire him, a Maryland federal magistrate judge ruled, keeping alive the ex-worker's retaliation claim while cutting his wage claims against the U.S. Navy contractor.

  • July 18, 2024

    Ga. County Escapes Jailer Discrimination Suit

    Troup County, Georgia, beat a retaliation and discrimination suit lodged by a former jail officer who had accused the county of allowing a chief deputy sheriff to allude to her being owned by someone in a slavery reference, according to a finding in federal court Wednesday.

  • July 18, 2024

    Term Extension For Ga. Utility Commish Unlawful, Suit Says

    Georgia's Secretary of State was hit with a lawsuit Tuesday from a voter and two advocacy groups challenging a recent law that extended the terms of the state's utility regulatory commission while their elections were suspended by voting rights litigation.

  • July 18, 2024

    Shelter Ignored Workers' Sex Abuse Of Migrant Kids, Feds Say

    The nation's largest housing provider for unaccompanied migrant children for years turned a blind eye to its employees raping, sexually abusing and harassing children in its care, the U.S. Department of Justice said Thursday in announcing its lawsuit filed in Texas federal court.

  • July 18, 2024

    Alstom Wants Las Vegas Train's 'Buy America' Waiver Voided

    Train manufacturer Alstom alleges in a new federal lawsuit that it was unfairly shut out of competing for a lucrative supply contract for Las Vegas' proposed high-speed passenger rail line when the project recently scored a Buy America waiver for foreign-made trainsets from rival manufacturer Siemens.

  • July 18, 2024

    Docs Get Same Hefty Opioid Sentences Despite Top Court Win

    Two Alabama doctors accused of unlawfully prescribing patients fentanyl and other opioids failed to shave time off their lengthy prison sentences despite a landmark U.S. Supreme Court decision that raised the bar for such prosecutions.

  • July 18, 2024

    PharMerica Inks $100M Deal In 13-Year-Old Whistleblower Suit

    PharMerica Corp. has agreed to pay $100 million to settle a former New Jersey nursing home owner's long-running whistleblower litigation over an alleged drug kickback scheme, according to the plaintiff's law firm.

Expert Analysis

  • Args In APA Case Amplify Justices' Focus On Agency Power

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    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.

  • Mitigating Whistleblower Risks After High Court UBS Ruling

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    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.

  • A Cautionary Tale On Hospital-Physician Alignment Structures

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    A $345 million settlement between the U.S. Department of Justice and Community Health Network highlights how quickly hospital and physician alignment relationships can violate legal restrictions on such dealings, and the onerous financial penalties that can ensue, say Robert Threlkeld and Elliott Coward at Morris Manning.

  • Contract Disputes Recap: The Terms Matter

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    Stephanie Magnell and Zachary Jacobson at Seyfarth examine recent decisions from the U.S. Civilian Board of Contract Appeals, the Armed Services Board of Contract Appeals and the U.S. Court of Federal Claims, which offer reminders about the importance of including contract terms to address the unexpected circumstances that may interfere with performance.

  • 6 Pointers For Attys To Build Trust, Credibility On Social Media

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    In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.

  • Opinion

    Biden Admin's March-In Plan Would Hurt Medical Innovation

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    The Biden administration's proposal to reinterpret the Bayh-Dole Act and allow the government to claw back patents when it determines that a commercialized product's price is too high would discourage private investment in important research and development, says Ken Thorpe at the Rollins School of Public Health.

  • A Post-Mortem Analysis Of Stroock's Demise

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    After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.

  • How DOD Can Improve Flexibility Under Proposed Cyber Rule

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    The U.S. Department of Defense should carefully address some of the more nuanced aspects of the Cybersecurity Maturity Model Certification program to avoid unintended consequences, specifically the proposal to severely limit contractor use of plans of actions and milestones, say Joshua Duvall at Maynard Nexsen and Sandeep Kathuria at L3Harris Technologies.

  • Fed. Circ. Ruling Helps Clarify When Gov't Clawback Is Timely

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    The Federal Circuit’s examination of claims accrual in a January decision that allows the Defense Contract Management Agency to pursue overpayment claims under a cost-reimbursement contract serves as a reminder that the government can lose such claims by waiting too long to file, say Evan Sherwood and Peter Hutt at Covington.

  • Preparing For DOJ's Data Analytics Push In FCPA Cases

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    After the U.S. Department of Justice’s recent announcement that it will leverage data analytics in Foreign Corrupt Practice Act investigations and prosecutions, companies will need to develop a compliance strategy that likewise implements data analytics to get ahead of enforcement risks, say attorneys at Cozen O'Connor.

  • Considering The Logical Extremes Of Your Legal Argument

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    Recent oral arguments in the federal election interference case against former President Donald Trump highlighted the age-old technique of extending an argument to its logical limit — a principle that is still important for attorneys to consider in preparing their cases, says Reuben Guttman at Guttman Buschner.

  • How 3 New Laws Change Calif. Nonprofits' Legal Landscape

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    Legislation that went into effect on Jan. 1 should be welcomed by California’s nonprofit organizations, which may now receive funding more quickly, rectify past noncompliance more easily and have greater access to the states’ security funding program, say Casey Williams and Brett Overby at Liebert Cassidy.

  • ChristianaCare Settlement Reveals FCA Pitfalls For Hospitals

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    ChristianaCare's False Claims Act settlement in December is the first one based on a hospital allegedly providing private physicians with free services in the form of hospital-employed clinicians and provides important compliance lessons as the government ramps up scrutiny of compensation arrangements, say attorneys at Sheppard Mullin.

  • Series

    Coaching High School Wrestling Makes Me A Better Lawyer

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    Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.

  • Freight Forwarders And Common Carriers: Know Your Cargo

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    Freight forwarders and other nonprincipal parties involved in global cargo movement should follow the guidance in the multi-agency know-your-cargo compliance note to avoid enforcement actions should they fail to spot evasive tactics used in supply chains to circumvent U.S. sanctions and export controls, say attorneys at Venable.

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