Government Contracts

How Canceling The Border Wall Affects Gov't Contractors

President Joe Biden's cancellation of the border wall project has left some federal contractors in the lurch, but including protective flow-down termination clauses in their contracts can guard against subcontractor liability and ensure recovery, says Adrien Pickard at Shapiro Lifschitz.

New Contractor Insights On 'Other Transaction' Bid Protests

Based on recent case law, including the U.S. Court of Federal Claims’ recent ruling in Kinemetrics v. U.S., contractors interested in protesting so-called other transaction agreements should focus not on whether to file but on which federal court is appropriate for doing so, say Locke Bell and Krista Nunez at MoFo.

4 Antitrust Risk Areas To Watch For Government Contractors

To plan for the increased likelihood of detection and stiff penalties for antitrust violations following the anticipated passage of the Infrastructure Investment and Jobs Act, compliance efforts should focus on joint bidding, dual distribution, legal certifications, and hiring and compensation, say Andre Geverola and Lori Taubman at Arnold & Porter.

Girardi Scandal Provides Important Ethics Lessons

The litigation and media maelstrom following allegations that famed plaintiffs attorney Thomas Girardi and his law firm misappropriated clients' funds provides myriad ethics and professional responsibility lessons for practitioners, especially with regard to misconduct reporting and liability insurance, says Elizabeth Tuttle Newman at Frankfurt Kurnit.

Takeaways From DC Circ. Medicare Overpayment Ruling

The D.C. Circuit's recent decision in UnitedHealth v. Becerra, reinstating a rule that requires Medicare Advantage organizations to refund certain overpayments, is a near-complete victory for the Centers for Medicare & Medicaid Services, but arguably abandons the rule's negligence standard, say attorneys at Ropes & Gray.

Series

Embracing ESG: Jabil GC Talks Compliance Preparation

Tried-and-true compliance lessons from recent decades can be applied to companies’ environmental, social and governance efforts, especially with regard to employee training and consistent application of policies — two factors that can create a foundation for ESG criteria to flourish, says Robert Katz at Jabil.

3 Ways CLOs Can Drive ESG Efforts

Chief legal officers are specially trained to see the legal industry's flaws, and they can leverage that perspective to push their companies toward effective environmental, social and governance engagement, says Mark Chandler at Stanford Law School.

Qui Tam Order Shows Concern Over FCA Plaintiffs' Leverage

In Jehl v. GGNSC Southaven, a Mississippi federal court's recent decision to sidestep the question of False Claims Act liability in a health care fraud case questions the fairness and appropriateness of the significant leverage provided to plaintiffs in FCA qui tam actions, say Jack Selden and Kya Henley at Bradley Arant.

How Law Firms Can Rethink Offices In A Post-Pandemic World

Based on their own firm's experiences, Kami Quinn and Adam Farra at Gilbert discuss strategies and unique legal industry considerations for law firms planning hybrid models of remote and in-office work in a post-COVID marketplace.

Bid Protest Spotlight: Standing, Line Items, Source Selection

In this month's bid protest roundup, Alissandra Young and Michaela Thornton at MoFo look at three decisions from the U.S. Court of Federal Claims and the U.S. Government Accountability Office, each involving a U.S. Department of Veterans Affairs solicitation and each with its own important reminder for disappointed bidders.

Series

Embracing ESG: Baker Hughes CLO Talks Sustainability Team

For businesses focused on addressing environmental, social and governance considerations, a legal team that can coordinate sustainability efforts across the company can help to manage risk and compliance issues, anticipate and prepare for change, and identify new opportunities, says Regina Jones at Baker Hughes.

What Mainstreaming Of Litigation Finance Means For Industry

The rush of new capital and investors into the litigation funding space is expected to bring heightened competition on price and other key deal terms, but litigants will need to be more in tune with individual financiers' proclivities, says William Weisman at Therium Capital Management.

Boeing Case Highlights Risk For Health, Life Sciences Boards

The Delaware Chancery Court's recent decision to allow a derivative action against Boeing's board of directors is especially relevant to health and life sciences company directors, who should ensure that they have the right structure, processes and people to oversee mission-critical risks, say Paul Kalb and Holly Gregory at Sidley.

What 9th Circ. Privilege Test Means For Dual-Purpose Advice

While the Ninth Circuit's recent ruling in In re: Grand Jury confirms that courts should use the primary-purpose test to determine whether communications with both legal and business purposes are shielded by the attorney-client privilege, questions on the application of the test remain, says Scott Tenley at Michelman & Robinson.

Opinion

The DOJ Should Ramp Up FCA Focus In PPP Enforcement

The U.S. Department of Justice should utilize qui tam actions more in its Paycheck Projection Program enforcement efforts, both to maintain credibility with whistleblowers and to leverage the False Claims Act's lower burden of proof, which makes settlements easier to reach than criminal convictions, say R. Scott Oswald and Lydia Pappas at the Employment Law Group.