Government Contracts

Bid Protest Spotlight: 2019's Most Noteworthy Decisions

In this month's bid protest roundup, Victoria Angle at MoFo highlights two December decisions from the U.S. Government Accountability Office, looks back at five of the most interesting bid protests of 2019 and provides a few takeaways from the GAO's fiscal year 2019 report.

FIRREA Remains Potent Civil Fraud Enforcement Tool

Last year, three court decisions addressing the Financial Institutions Reform, Recovery and Enforcement Act's civil monetary penalties provision — two at the final judgment stage and one at the pleadings stage — expanded FIRREA jurisprudence and remind us why this statute cannot be ignored, say attorneys at Morgan Lewis.

How Associate Life Has Evolved Over The Past Decade

During the last 10 years, the need to embrace change was fundamental for law firms, and that change affected associates in many ways — most, but not all, for the better, says Brad Kaufman, co-president of Greenberg Traurig.

Gov't Contractor Suspension And Debarment: 2019 In Review

Attorneys at Covington look back at last year's policy trends and developments, legislative and rulemaking activity, and notable federal district court rulings related to the exclusion of contractors from doing business with the federal government.

OFAC's New Iran Sanctions May Not Signal Seismic Change

While President Donald Trump’s recent executive order expands the ability of the U.S. Office of Foreign Assets Control to sanction non-U.S. entities doing business with Iran, it remains to be seen whether OFAC will pursue aggressive enforcement of its strengthened secondary sanctions authority, say attorneys at Ropes & Gray.

2019 Trends In DOJ Civil Health Care Fraud Cases

Last year, the U.S. Department of Justice maintained aggressive enforcement efforts in the health care industry, again relying heavily on the False Claims Act, but the agency is also taking steps to guide those efforts toward fairness and consistency, say attorneys at Mintz.

Series

Judging A Book: Dyk Reviews 'Democracy And Equality'

In their new book "Democracy and Equality: The Enduring Constitutional Vision of the Warren Court," Geoffrey Stone and David Strauss provide valuable context for U.S. Supreme Court decisions under Chief Justice Earl Warren that have profoundly affected the country, but their overly protective attitude sometimes obscures reality, says Federal Circuit Judge Timothy Dyk.

2019 Trends In DOJ Health Care Enforcement

Last year, opioid-related enforcement was the U.S. Department of Justice's top priority, in addition to a sustained focus on the prosecution of private individuals and data-driven identification of health care fraud, say attorneys at Mintz.

Defense Contracting Law Developments From 2019

Creation of the U.S. Space Force, initiatives to improve U.S. cybersecurity, and near record-high spending on government contracting were just a few of the most notable developments in U.S. Department of Defense contracting last year, says Joseph Berger of Thompson Hine.

7 Insider Tips For Working With In-House Counsel

For outside firms wondering how to best support busy in-house lawyers, several practices can help navigate critical legal issues and novel business challenges while strengthening the working relationship, says Virginia Hudson, associate general counsel at Capital One.

50 Years Later, Interpretive Challenges Remain For RICO

In the 50 years since the Racketeer Influenced and Corrupt Organizations Act was passed, courts' attempts to clarify the statute have had some success, but many interpretive dilemmas remain unresolved, says Randy Gordon of Barnes & Thornburg.

7 Ethics Tips For Lawyers' Pretrial Social Media Use

As ethical constraints on pretrial social media use evolve, the American Bar Association's Model Rules and several court opinions provide guidance on avoiding violations when collecting evidence, researching jurors and friending judges, say Hilary Gerzhoy and Mark Davis at Harris Wiltshire.

Opinion

States Should Not Follow ABA On Attorney Conduct Rules

Because the American Bar Association's new rule on diversity continues to use the Model Rules of Professional Conduct as a cultural bludgeon, states should create independent codes limited to constitutionally valid purposes of attorney regulation, says Bradley Abramson of Alliance Defending Freedom.

Opinion

DOL Suits Won't Fix Silicon Valley Diversity Issues

A Silicon Valley workforce that does not represent the U.S. as a whole raises questions of equality and social justice that cannot be solved by the U.S. Department of Labor’s opaque deliberations and adversarial lawsuits, says researcher and former public affairs consultant Pratik Chougule.

How Courts And Litigants Can Benefit From Special Masters

As we approach the first anniversary of the American Bar Association's adoption of guidelines for the appointment and use of special masters in civil litigation, retired U.S. District Judge Shira Scheindlin, now at Stroock, explains how special masters can help parties and courts with faster decision-making and subject matter expertise.