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Government Contracts
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June 13, 2024
Lockheed Should Face Toxic Exposure Suit, 11th Circ. Told
A widower who sued Lockheed Martin Corp. claiming it exposed his wife to chemicals that ultimately killed her urged the Eleventh Circuit on Wednesday to reverse the dismissal of his lawsuit, saying a Florida federal court improperly excluded a key expert witness by not reviewing the evidence.
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June 13, 2024
FAA Chief Vows Diligent Boeing Oversight In Senate Hearing
The Federal Aviation Administration's chief told a Senate panel Thursday that the regulator has diligently stepped up oversight of Boeing's manufacturing since January's harrowing midair door plug blowout on a 737 Max 9 jet, an incident that prompted multiple probes into Boeing's safety culture and quality control.
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June 13, 2024
CVS Dodges Discovery Audit In Generic Drug Collusion Suit
A federal judge declined to make CVS hire a forensic auditor to evaluate its compliance with information demands in a lawsuit alleging it colluded with drugmakers to keep Medicare beneficiaries from accessing certain generic drugs, despite a whistleblower bemoaning "woefully deficient" discovery on the pharmacy chain's part.
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June 13, 2024
Health Co. Execs Charged In $100M Adderall Sales Scheme
Two California digital healthcare company executives were charged in a first-of-its-kind case Thursday with scheming to sell Adderall through deceptive advertising, allegedly bringing in $100 million in illicit profits.
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June 13, 2024
Bond Denial Upheld For Army Construction Project
An Illinois federal judge affirmed an arbitration award relieving two insurers of covering a $1.8 million bond issued to a subcontractor retained for a U.S. Army construction project, upholding the arbitrator's finding that the status of the project wasn't accurately represented at the time of bond procurement.
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June 12, 2024
School Says Declaration Bares Quinn Emanuel Lies In IP Feud
Columbia University has told the Federal Circuit that a declaration from a former Norton Lifelock Inc. computer scientist shows that the company's former lawyers at Quinn Emanuel Urquhart & Sullivan LLP are lying about his refusal to testify in the school's decade-long $600 million patent case in Virginia federal court.
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June 12, 2024
Ex-Rehab Biz Manager Gets Prison For Theft From Resident
The former business manager of a Connecticut rehabilitation center will serve at least nine months in prison for stealing money from an elderly resident's bank account, state prosecutors said.
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June 12, 2024
Ex-Navy Employee Pleads Guilty To Contract Bribery Scheme
Former U.S. Navy civilian official James Soriano has pleaded guilty to accepting bribes from Navy contractors to help steer hundreds of millions of dollars in deals to the companies, after reaching a plea deal with prosecutors.
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June 12, 2024
11th Circ. Won't Rehear Ruling In Pratt & Whitney Cancer Case
The full Eleventh Circuit won't review a panel's affirmation of a jury verdict win for defense contractor Pratt & Whitney that found it had failed to exercise reasonable care when disposing of radioactive materials but also freed it from liability for the pediatric cancer cases that emerged in a Florida neighborhood.
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June 12, 2024
NJ Judicial Privacy Law Hit With Constitutional Challenge
Companies accused of violating Daniel's Law hit back in New Jersey federal court this week, calling the judicial data privacy protection measure unconstitutionally vague, harsh and riddled with loopholes, and arguing it is being "cynically" misused by the plaintiff, a data privacy company.
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June 12, 2024
Adams And Reese Hires Atlas Air Atty In Nation's Capital
Adams and Reese LLP has hired a former Atlas Air Inc. labor and employment counsel, who is joining the firm in Washington, D.C., to grow the firm's newly launched aviation and aerospace team, the firm announced Wednesday.
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June 11, 2024
St. Kitts Electric Co. Claims Win In $2.7M ICC Arbitration
St. Kitts Electricity Company Ltd. has announced its successful defense of an approximately $2.7 million international arbitration brought against it by Pure Energy Solutions Ltd., saying an arbitrator decided it didn't breach the two companies' fuel supply agreement.
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June 11, 2024
Co. Wants Instant Effect For Revival Of USPS Contract Dispute
A canine screening company has urged the Federal Circuit to immediately issue a formal mandate after it revived the company's eligibility for disputed U.S. Postal Service mail screening contracts, seeking to block the USPS from transferring work away from the company.
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June 11, 2024
2025 Trial Set For Ex-Conn. Official Charged In Kickback Scheme
A Feb. 6 jury selection date has been set in a federal corruption case accusing a former Connecticut state budget official, lawmaker and beleaguered attorney of extortion and bribery in connection with millions in school finance projects.
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June 11, 2024
Raytheon Openly Prefers Younger Job Applicants, Suit Says
Raytheon for years has violated age bias law by advertising positions explicitly meant for recent college graduates despite public statements acknowledging that the aerospace company needs thousands of additional workers, a 67-year-old job applicant alleged Tuesday in Massachusetts federal court.
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June 11, 2024
Dish Fights To Weigh In On Spectrum False Claims Act Case
Dish Network deserves a say in whether the whistleblower claims accusing it of using sham companies to scam the government out of some $3.3 billion are dismissed — and the relator's suggestion that it doesn't is "facially absurd," the company has told the court.
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June 11, 2024
Pa. County Can't Give Voting Machine Data To Mich. Atty
A Pennsylvania judge on Tuesday blocked Fulton County commissioners from giving data copied from the county's Dominion Voting Systems equipment to an attorney and Donald Trump ally facing criminal charges for illegally accessing voter information in Michigan.
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June 11, 2024
Enviro Suit Says BLM Well Policy Leaves Drilling Unchecked
An environmental group is suing the Bureau of Land Management to invalidate drilling permits in and around Colorado's Pawnee National Grassland, claiming the agency has given up authority to regulate the surface impacts of certain wells in violation of its federal mandates.
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June 11, 2024
NY Courts Agree To Boost Translation Services After Bias Case
New York state court officials instituted reforms and sealed an agreement with federal prosecutors on Tuesday related to claims that an upstate county denied Spanish-speaking defendants translation services in violation of their civil rights.
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June 10, 2024
Pension Fund Repays PBGC $8M In Excess Financial Aid
The U.S. Department of Justice announced Monday that a pension provider for workers in graphic communications has paid back more than $8 million in excess funds it received through a financial assistance program administered by the Pension Benefit Guaranty Corp.
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June 10, 2024
Feds Want Ex-Army Officer's FTCA Claims Cut From Suit
A former major general's defamation lawsuit against the U.S. Army over an alleged domestic assault should be partially tossed, the federal government told a Pennsylvania federal judge Friday, arguing that soldiers can't sue the Army for incidents that happened while they were serving.
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June 10, 2024
IHS Urges Budget Shift After High Court Healthcare Ruling
The Indian Health Service, following a divided U.S. Supreme Court decision affirming that the federal government is liable for the reimbursement of millions in administrative healthcare costs for two Native American tribes, is urging Congress to shift its budget appropriations for fiscal year 2026 to protect the agency's overall health.
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June 10, 2024
Health Data Co. Says Rival's Request Risks Patient Security
A healthcare data company pushed back against claims in Maryland federal court that it blocks a rival's access to nursing home patient data used to identify potential complications, saying the rival is asking to disable security measures that prevent attacks on its system.
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June 10, 2024
Baltimore Lands $45M Deal With Allergan In Opioid Litigation
Baltimore has put to rest its claims that Allergan played a part in the opioid crisis, reaching a $45 million settlement with the pharmaceutical company, an amount the city called "unprecedented" in an announcement on Monday.
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June 10, 2024
Contractor Seeks Win In Protest Of $186M In DOD Fuel Deals
A bid protester has urged the Court of Federal Claims to rule that the Defense Logistics Agency wrongly ignored signs of misconduct from two companies awarded $186 million in fuel delivery deals in Syria and Iraq, and disqualify the companies.
Expert Analysis
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How New Rule Would Change CFIUS Enforcement Powers
Before the May 15 comment deadline, companies may want to weigh in on proposed regulatory changes to enforcement and mitigation tools at the disposal of the Committee on Foreign Investment in the United States, including broadened subpoena powers, difficult new mitigation timelines and higher maximum penalties, say attorneys at Venable.
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Series
Swimming Makes Me A Better Lawyer
Years of participation in swimming events, especially in the open water, have proven to be ideal preparation for appellate arguments in court — just as you must put your trust in the ocean when competing in a swim event, you must do the same with the judicial process, says John Kulewicz at Vorys.
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Mid-2024 FCA Enforcement And Litigation Trends To Watch
Reviewing notable False Claims Act trends and enforcement efforts in the last year and a half reveals that healthcare is a key enforcement priority for the U.S. Department of Justice, and the road ahead may bring clarification on Anti-Kickback Statute causation and willfulness standards, along with increased focus on private equity, cybersecurity and self-disclosure, say attorneys at Epstein Becker.
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What 100 Federal Cases Suggest About Changes To Chevron
With the U.S. Supreme Court poised to overturn or narrow its 40-year-old doctrine of Chevron deference, a review of 100 recent federal district court decisions confirm that changes to the Chevron framework will have broad ramifications — but the magnitude of the impact will depend on the details of the high court's ruling, say Kali Schellenberg and Jon Cochran at LeVan Stapleton.
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Don't Use The Same Template For Every Client Alert
As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.
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Series
Walking With My Dog Makes Me A Better Lawyer
Thanks to my dog Birdie, I've learned that carving out an activity different from the practice of law — like daily outdoor walks that allow you to interact with new people — can contribute to professional success by boosting creativity and mental acuity, as well as expanding your social network, says Sarah Petrie at the Massachusetts Attorney General’s Office.
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Think Like A Lawyer: Follow The Iron Rule Of Trial Logic
Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.
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Unpacking The Interim Vet-Owned Small Biz Verification Rule
Government contractors that intend to bid for service-disabled veteran-owned small business set-aside contracts should immediately consider the potential impacts of a recently issued rule that specifies how contracting officers will verify that they have certified their status, say Derek Mullins and Beth Gotthelf at Butzel.
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The Art Of Asking: Leveraging Your Contacts For Referrals
Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.
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McKesson May Change How AKS-Based FCA Claims Are Pled
The Second Circuit’s analysis in U.S. v. McKesson, an Anti-Kickback Statute-based False Claims Act case, provides guidance for both relators and defendants parsing scienter-related allegations, say Li Yu at Dicello Levitt, Ellen London at London & Stout, and Erica Hitchings at Whistleblower Law.
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Series
Being An Equestrian Makes Me A Better Lawyer
Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.
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Opinion
Cyber Regulators Should Rely On Existing Sources Cautiously
New incident reporting rules proposed by the Cybersecurity and Infrastructure Security Agency illustrate how the use of definitions, standards and approaches from existing sources can create a complex patchwork of regulations, demonstrating that it is essential for agencies to be clear about expectations and not create unnecessary confusion, says Megan Brown at Wiley.
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DOE Funding And Cargo Preference Compliance: Key Points
Under the Bipartisan Infrastructure Law, the U.S. Department of Energy will disburse more than $62 billion in financing for innovative energy projects — and recipients must understand their legal obligations related to cargo preference, so they can develop compliance strategies as close to project inception as possible, say attorneys at White & Case.
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4 Ways To Refresh Your Law Firm's Marketing Strategy
With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.
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Tips For Balanced Board Oversight After A Cyberincident
The U.S. Securities and Exchange Commission's cybersecurity disclosure rules, as well as recent regulatory enforcement actions bringing board governance under scrutiny, continue to push boards toward active engagement in relation to their cyber-oversight role, despite it being unclear what a board's level of involvement should be, say attorneys at Alston & Bird.