Government Contracts

  • February 21, 2020

    Congress Probes Civil Rights Issues In China Investigations

    Two House lawmakers have opened a probe into potential civil rights issues stemming from federal investigations into scientists with potential ties to China, citing concerns that individuals of Chinese descent are being targeted.

  • February 21, 2020

    Fed. Claims Court Tosses Bid Protest Over Security Clearance

    The U.S. Court of Federal Claims has tossed a Tennessee-based company's protest over a U.S. Army services contract, saying it can't consider the firm's allegations that the winning bidder lacked a required facility security clearance.

  • February 21, 2020

    AstraZeneca Stuck With FCA Case Over Crestor Marketing

    A Delaware federal judge has refused to ax a False Claims Act suit accusing pharmaceutical giant AstraZeneca of fraudulently marketing its cholesterol-lowering drug Crestor, but agreed to toss one whistleblower from the case.

  • February 21, 2020

    Trade Group Backs Proposal To Reduce Gov’t Contract Delays

    A proposal for changing how a government office tracks the length of time for contracts to be awarded to the private sector could get new technologies to federal agencies faster, a U.S. defense trade group said in a letter.

  • February 21, 2020

    Veterans, Ex-Lawmakers Join 9th Circ. Border Wall Fund Fight

    Veterans, former lawmakers and ex-federal government officials have called on the Ninth Circuit to stop President Donald Trump from pulling defense funds to finance a border wall, warning that the funding diversion puts soldiers at risk and undermines Congress’ intent.

  • February 20, 2020

    Activists Sue DOD Over PFAS Foam Burning Contracts

    The U.S. Department of Defense didn't run a proper environmental review before awarding contracts for burning millions of gallons of firefighting foam that could contaminate communities, several nonprofits claimed in a lawsuit in California federal court on Thursday.

  • February 20, 2020

    Ineligible Cos. Won $877M In DOD Vet-Owned Small-Biz Deals

    The U.S. Department of Defense awarded $876.8 million in service-disabled veteran-owned small-business contracts to ineligible companies due to a lack of verification by contracting officials, according to a watchdog report released Thursday.

  • February 20, 2020

    TransDigm Defeats Investor Suit Over Alleged Price-Gouging

    An Ohio federal judge ruled Wednesday that investors in TransDigm Group Inc. had fallen short in asserting securities claims against the aerospace manufacturing company for allegedly inflating profits by gouging the U.S. government.

  • February 20, 2020

    Ex-Raydon Worker's 'Animus' No Bar To Cert. In ESOP Suit

    A Florida magistrate judge recommended Thursday that an ex-Raydon employee be allowed to lead a class action suit over a $60.5 million employee stock ownership plan transaction, rejecting arguments that certification should be denied because of the worker’s “extreme personal animus.”

  • February 20, 2020

    Pa. Justices Snub Contractor's Iran Sanctions Defamation Suit

    The Supreme Court of Pennsylvania on Thursday refused to hear an appeal from a defense contractor that claimed a competitor defamed it with pseudonymous letters wrongly accusing it of violating economic sanctions against Iran.

  • February 20, 2020

    GAO Blames Calif. Co. For Late Bid With 11th Hour Courier

    A California company forfeited its chance to bid on an Army contract when its courier took its contract proposal to the wrong building and missed the deadline, according to a U.S. Government Accountability Office ruling that says the company didn’t give the courier enough time.

  • February 20, 2020

    Great Lakes Looks To End $90M Student Borrower Suit

    Federal loan servicer Great Lakes is pushing to shut down a $90 million class action accusing it of taking advantage of struggling student loan borrowers, telling a Wisconsin federal judge that the lead plaintiff’s “defective” theories have “morphed several times over” but still fail.

  • February 20, 2020

    Hospice Exec Claims Medicare Whistleblowing Led To Firing

    A former executive director of an Idaho-based health care group said he was fired for reporting what he claims was Medicare fraud, alleging his co-workers performed patient discharges over the phone while billing Medicare for "face-to-face" visits.

  • February 20, 2020

    Gov't Contracts Group Of The Year: Pillsbury

    Pillsbury Winthrop Shaw Pittman LLP’s efforts to get an information technology firm back into consideration for a $20 billion contract and help a defense giant escape an adverse performance rating have earned it a place among Law360's 2019 Government Contracts Groups of the Year.

  • February 20, 2020

    Barrack, Bernstein Will Lead Energy Transfer Stock-Drop Suit

    A Pennsylvania federal court has tapped Barrack Rodos & Bacine and Bernstein Litowitz Berger & Grossmann LLP to be lead counsel in a proposed class action against a pipeline company whose stock dropped on news of a federal bribery investigation.

  • February 19, 2020

    1st Circ. Revives Worker's FCA Claims Against PharMerica

    The First Circuit revived a 13-year-old False Claims Act suit against nursing home pharmacy chain PharMerica Corp., ruling Wednesday that, contrary to the lower court's finding, the Organon USA Inc. worker had direct knowledge of the alleged kickback scheme.

  • February 19, 2020

    'Vague' Fee Entries Targeted In Boston Scientific FCA Suit

    A New Jersey federal judge said whistleblowers’ lawyers should get about $2 million less than the roughly $7.6 million in attorney fees and costs they want from Boston Scientific after settling a False Claims Act suit, citing vague billing entries for hundreds of hours spent “reviewing documents.”

  • February 19, 2020

    IRS Envelope Vendor Says Deal Unfairly Canceled By Gov't

    A Michigan envelope maker recently told the U.S. Court of Federal Claims the government should not penalize it for failing to sell up to 19 million envelopes annually to the IRS because circumstances kept it from fulfilling its contract.

  • February 19, 2020

    GAO Says HHS Improperly Evaluated Costs For $73M Contract

    The U.S. Government Accountability Office has found that a federal agency improperly awarded a $73 million contract for medical claim processing to a Maryland-based health care management company, saying the agency failed to appropriately evaluate proposed labor and execution costs.

  • February 19, 2020

    SD Judge Nixes Indian Health Service Hospital Contract Suit

    A South Dakota federal judge on Tuesday tossed a suit by a group of Native Americans who claimed an Indian Health Service contract with the Great Plains Tribal Chairmen's Health Board to run a hospital violated a U.S.-tribe treaty and self-determination act.

  • February 19, 2020

    NJ Golf Club Gets 2nd Chance To Shield Park Project Info

    A PGA Tour-affiliated golf club in New Jersey escaped a trial court ruling directing the business to disclose its bid to develop an area of a state park, after a state appellate panel said Wednesday the company may be entitled to have some of the material redacted.

  • February 19, 2020

    Ill. Says Walgreens Bilked It Out Of $19M In Autorefills Fight

    The state of Illinois urged a federal court on Tuesday to preserve its False Claims Act allegations against Walgreens over prescription autorefills, saying its amended complaint adequately alleges a pharmacy owned by the retailer defrauded the state out of more than $19 million.

  • February 19, 2020

    Nursing Home Chain Settles Forced Rehab FCA Suit For $15M

    Guardian Elder Care Holdings Inc. will pay the federal government $15.4 million to resolve a False Claims Act lawsuit alleging it forced patients to undergo rehabilitation regardless of whether they needed it and stuck Medicare with the tab, the U.S. Department of Justice announced on Wednesday.

  • February 19, 2020

    Gov't Contracts Group Of The Year: Crowell & Moring

    Crowell & Moring LLP’s broad scope of work, including representing Amazon in a prominent dispute over a Pentagon cloud contract and helping United Airlines secure a precedential False Claims Act victory, have earned the firm a place among Law360's 2019 Government Contracts Groups of the Year.

  • February 18, 2020

    DC Circ. Wary That House Can't Sue Prez Over Funding Rows

    The D.C. Circuit hammered the Trump administration Tuesday over its position that the House of Representatives could never sue the executive branch over funding disputes, slinging out a series of hypotheticals to test the argument.

Expert Analysis

  • Pharma Ruling Broadens Gov't Drug Procurement Options

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    In Acetris Health v. U.S., the Federal Circuit's decision that a company sourcing active pharmaceutical ingredients from India could sell them to the U.S. government greatly expanded foreign-produced pharmaceutical products available for U.S. procurement, say attorneys at K&L Gates.

  • Rebuttal

    AI Can't Accurately Predict Case Length And Cost — Yet

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    A recent Law360 guest article argued that artificial intelligence can precisely estimate the length and cost of a new case, but several limitations will likely delay truly accurate predictions for years to come, says Andrew Russell at Shaw Keller.

  • Key Trade Secrets Developments Of 2019: Part 2

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    Last year brought significant news in U.S. trade secret law, including the U.S. Department of Justice’s continued enforcement of its China initiative and further development of the inevitable disclosure doctrine under the Defend Trade Secrets Act, say attorneys at Faegre Drinker.

  • Avenues Of Relief For Cybersecurity Whistleblowers Increase

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    Successful securities and False Claims Act lawsuits and a spate of state legislation over the past year have legitimized cybersecurity deficiencies as a basis for federal and state liability and strengthened protections for whistleblowers, says Matthew LaGarde of Katz Marshall.

  • What Health Care FCA Trends Tell Us About The Year Ahead

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    The U.S. Department of Justice showed more initiative in directly bringing health care-related False Claims Act cases despite a decrease in qui tam filings last year, and as scrutiny of the industry continues to rise, several sectors deserve to be watched carefully this year, say attorneys at Epstein Becker.

  • Lawyers Can Build Trust Through The Spoken Word

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    As attorneys, we may prefer the precision of written communication, but a phone call or an in-person conversation builds trust by letting others see and hear our authentic selves, rather than something constructed or scripted, says mediator Sidney Kanazawa of ARC.

  • Army Copter Case Blurs Jurisdiction For ‘Other Transactions'

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    An Arizona federal court’s recent decision in MD Helicopters v. U.S. highlights the complexity surrounding contractors’ potential avenues of relief in challenging agencies’ so-called other transaction award decisions, say attorneys at Hogan Lovells.

  • Calif.'s Top Anti-SLAPP Appellate Rulings From Last Year

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    California’s anti-SLAPP statute remains one of the strongest laws protecting free speech in the nation — and last year, it was the focus of 42 published opinions and nearly 200 unpublished opinions from the state's appellate courts, says Thomas Burke of Davis Wright.

  • Opinion

    Legal Prediction Is Demanding But Not Impossible

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    The New Jersey Supreme Court’s recent decision in Balducci v. Cige incorrectly concluded that predicting the length and cost of a case is nearly impossible, and overlooked artificial intelligence's ability to do so, says Joseph Avery with Claudius Legal Intelligence.

  • Trends In Recent FCPA And Cartel Cases Against Execs

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    The U.S. Department of Justice has taken more white collar cases against executives to trial this winter, focusing on Foreign Corrupt Practices Act and cartel allegations, and scoring noteworthy victories in a canned tuna price-fixing case and two rate-rigging cases, say attorneys at Miller & Chevalier.

  • 3 Employee-Friendly Updates In NY’s 2021 Budget Proposal

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    Reflecting an aggressive effort to pass pro-employee laws, several provisions in New York’s 2021 budget proposal would expand paid sick leave benefits, increase disclosure requirements for state contractors, and alter classification standards for gig economy workers, say attorneys at Morgan Lewis.

  • Malpractice Landscape Is Becoming Riskier For BigLaw

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    A recent survey of lawyers’ professional liability insurers revealed an increase in malpractice claims against law firms, suggesting clients will demand more accountability in the coming decade, say Gerald Klein and Amy Nguyen at Klein & Wilson.

  • Perspectives

    Book Review: A Lawyer Reflects On Defending Guilty People

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    In her new book, "Guilty People," Abbe Smith successfully conveys that seeing ourselves in people who commit crime may be the first step to exacting change in our justice system, says U.S. District Judge Diane Humetewa of the District of Arizona.

  • Bid Protest Spotlight: Jurisdiction, Standing, Selection Criteria

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    In this month's bid protest roundup, Locke Bell and Markus Speidel at MoFo look at three January decisions: The U.S. Court of Federal Claims addressed a jurisdictional challenge, and whether a supplier's inaction bars its standing to protest; and the Government Accountability Office considered whether procurement through federal supply schedules precludes certain contractor selection methodology.

  • What Employers Must Consider Before Allowing Weed At Work

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    Some employers with permissive alcohol policies are confronting whether to treat cannabis similarly as states legalize it, but they should first be mindful of any legal or contractual requirements and mitigate possible safety risks, say Jennifer Mora and Adam Young at Seyfarth.

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