Government Contracts

  • January 21, 2022

    Texas Judge Blocks Vaccine Mandate For Federal Workers

    A Texas federal judge on Friday blocked the enforcement of President Joe Biden's mandate requiring all federal employees to be vaccinated against COVID-19 after finding that the president doesn't have authority to issue such a broad order, a ruling the federal government has already announced it's appealing.

  • January 21, 2022

    $26B Deal Keeps Opioid Files Of J&J, Distributors Out Of View

    Document disclosure obligations that attorneys have touted as crucial elements of opioid litigation settlements are absent from a $26 billion resolution that Johnson & Johnson and large drug distributors are close to finalizing, hindering the deal's goal of preventing narcotic abuse, experts say.

  • January 21, 2022

    GAO Reignites $13.6M ICE Contract Over Employee History

    A government watchdog reignited U.S. Immigration and Customs Enforcement's search to fill a $13.6 million information technology support task order for the student and exchange visitor program, after finding the awardee misled the agency about a manager's experience.

  • January 21, 2022

    Ex-DOD Supplier Gets 10 Years For $7M Electrical Parts Scam

    A Wisconsin federal judge has sentenced a three-time convict and former military contractor to 10 years in prison for defrauding the U.S. Department of Defense by landing more than a thousand supply electrical parts contracts worth $7.4 million using fake bids, bogus identities and shell companies, as well as supplying defective parts.

  • January 21, 2022

    Air Force Must Face Air Cargo Pallet Maker's $132M Suit

    The federal claims court on Thursday shaved a contractor's $132 million lawsuit alleging the Air Force breached a prototype air cargo pallet deal, but said the company had done enough to pursue claims of a "government cabal effort" to steal its data.

  • January 21, 2022

    DC Judge Won't Move Offshore Oil Lease Challenge To La.

    A D.C. federal judge has rejected the state of Louisiana's attempt to move a lawsuit filed by environmentalists against the federal government's sale of Gulf of Mexico oil drilling rights to the Western District of Louisiana, ruling that the suit couldn't have been filed there in the first place.

  • January 21, 2022

    Ex-Mass. Mayor Cites Omicron In 2nd Bid To Delay Prison

    Former Massachusetts Mayor Jasiel Correia on Friday asked a federal judge to delay the start of his six-year prison term for a corruption conviction, citing the omicron variant and the fact that his alleged co-conspirator has yet to be tried.

  • January 20, 2022

    Blackfeet Farmers Can Pursue USDA Loan Suit, Judge Says

    A Montana federal judge has rejected the U.S. Department of Agriculture's bid to escape claims by Blackfeet tribe members that the department discriminated against them when it improperly withheld almost $900,000 in farm loans and other assistance.

  • January 20, 2022

    FCA OKs Proportionate Damages For Honeywell, DC Circ. Told

    The federal government has urged the D.C. Circuit to keep Honeywell on the hook for a "proportionate share" of False Claims Act damages related to allegedly defective body armor, saying that approach best fit the circumstances of the case.

  • January 20, 2022

    Seyfarth Adds 4 Partners In LA, Seattle, Hong Kong

    Seyfarth Shaw LLP added four partners to offices along the West Coast and in Hong Kong, the firm announced, including a management-side employment partner from Foley & Lardner LLP with experience representing employers in discrimination, wrongful termination and unfair labor practice cases.

  • January 20, 2022

    Pipeline Builder Calls Insurers' Claims Unripe In $3.2M Row

    A construction company asked a California federal judge to scrap a Swiss Re unit's cross-claims against Travelers in a $3.2 million dispute over damages allegedly caused by the faulty installation of a pipeline, saying claims brought by both insurers are premature.

  • January 20, 2022

    3rd Circ. Won't Touch Convictions In NJ Water Agency Fraud

    The Third Circuit on Thursday refused to set aside the convictions and nine-year prison sentence of an ex-Newark, New Jersey, police officer over a kickback scheme at a defunct water agency, rejecting her stance that it and its former executive director did not act in a public capacity.

  • January 20, 2022

    MIT Prof Defeats China-Ties Case As Feds Reverse Course

    Federal prosecutors on Thursday formally dropped criminal charges against a Massachusetts Institute of Technology professor accused of concealing his ties to China, saying new information had undermined the case.

  • January 19, 2022

    EEOC Chair Says Fair Pay Is Crucial To Diverse Hiring

    Pay equity is key to attracting and retaining a diverse, talented workforce, U.S. Equal Employment Opportunity Commission Chair Charlotte Burrows said Wednesday.

  • January 19, 2022

    Appeals Board Won't Hear Software License Breach Dispute

    The Civilian Board of Contract Appeals has tossed a $41.4 million appeal arguing the U.S. Food and Drug Administration breached an end-user license agreement for resold software, saying the deal was not a procurement contract it had jurisdiction over.

  • January 19, 2022

    DC Circ. Questions FERC Pipeline Challengers

    The D.C. Circuit on Wednesday questioned whether environmental advocates were simply taking issue with Federal Energy Regulatory Commission conclusions during an environmental review of a contentious pipeline extension, noting that a disagreement in policy wouldn't make a decision illegal on its own.

  • January 19, 2022

    Contractor Says Congo Can't Escape Suit Over $1B In Awards

    A former government contractor for the Republic of Congo owed nearly $1 billion is fighting the country's efforts to shut down its attempts to seize a swanky New York City condominium allegedly connected to embezzled funds, arguing that the country is unfairly obstructing the litigation.

  • January 19, 2022

    The Hottest FCA Cases And Trends To Watch In 2022

    The False Claims Act litigation landscape at the dawn of 2022 is teeming with intrigue as the U.S. Supreme Court eyes one of the law's deepest circuit splits, lawyers ponder the paucity of enforcement involving pandemic relief spending, and prosecutors increasingly pursue fraud theories targeting private equity investors and lax cybersecurity.

  • January 19, 2022

    Access Bio Accused Of Breaching $120M COVID Test Kit Deal

    Intrivo Diagnostics Inc. slapped the maker of its COVID-19 tests with a breach of contract suit that accuses Access Bio Inc. of reneging on a $120 million production and distribution deal while creating a "virtually identical" test that competes with its product.

  • January 19, 2022

    Chevron Fights Green Groups' Bid To Sink Oil Lease Sales

    Chevron USA Inc. has asked a Washington, D.C., federal judge to reject an effort by green groups to overturn a U.S. Department of the Interior oil and gas lease sale that the company participated in to the tune of $47 million.

  • January 19, 2022

    Kaiser Says First-To-File Bar Breaks $1B Medicare Fraud Suits

    Kaiser Permanente asked a California federal judge Tuesday to throw out at least three of the six qui tam suits alleging that it used fake diagnoses to defraud Medicare Advantage of $1 billion in treatment reimbursements, arguing it can only be made to face one qui tam action for each alleged fraud.

  • January 19, 2022

    Gov't Contractor Shelters In Ch. 11 Against $6M Judgment

    A multifaceted government contractor has moved to shield its business behind a Delaware bankruptcy action while simultaneously fighting more than $6 million in allied contractor judgments and battling to collect $20 million in unpaid federal agency claims.

  • January 19, 2022

    Crowell & Moring Rehires Senior US Prosecutor In LA

    Crowell & Moring LLP announced Wednesday that a senior federal corruption prosecutor had returned to the firm's Los Angeles office.

  • January 19, 2022

    Construction Co. Owner Admits Lying To Win Chicago Work

    The owner of an Illinois construction company admitted in federal court Wednesday that he defrauded the Chicago Housing Authority out of at least $2.75 million by misrepresenting his company's qualifications to win contract bids and submitting inflated invoices for that work.

  • January 18, 2022

    ​​​​​​​Justices Call Solicitor General Into Fraud Standards Case

    The U.S. Supreme Court on Tuesday invited U.S. Solicitor General Elizabeth B. Prelogar to weigh in on a dispute over fraud pleading standards as the justices consider arguments concerning a Georgia hospice company's alleged kickback scheme.

Expert Analysis

  • Gov't Contractor Takeaways From Biden's Clean Energy Order

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    Attorneys at Covington discuss how President Joe Biden's recent net-zero emissions pledge and related executive actions are changing the landscape of federal procurement, creating new opportunities and challenges for government contractors.

  • Drug Patent Suits' Novel Theory Tests False Claims Act Limits

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    Three recent False Claims Act cases in federal district courts, pursuing the novel theory that pharmaceutical companies defrauded the government by charging inflated drug prices based on invalid patents, could set federal appellate courts on a collision course and create new risks for patent holders, say attorneys at Williams & Connolly.

  • 4 Consequences Of Gov't Contractor Antitrust Violations

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    Along with criminal penalties, significant collateral repercussions can follow a government contractor's conviction for antitrust violations, so vigilant compliance strategies are a must as the U.S. Department of Justice turns its attention to this area, say attorneys at Arnold & Porter.

  • How Health Cos. Have Responded To Anti-Kickback Reform

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    A year after the Centers for Medicare & Medicaid Services revised anti-fraud and abuse regulations for value-based care arrangements, health companies have expressed some willingness to embrace new safe harbors, but ultimately further reform may be necessary, say Troy Barsky and Barbara Ryland at Crowell & Moring.

  • The Rising Demand For Commercial Litigators In 2022

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    Amid broken supply chains, pandemic-induced bankruptcies and a rise in regulation by litigation, strong commercial litigators — strategists who are adept in trying a range of tortious and contractual disputes — are becoming a must-have for many law firms, making this year an opportune moment to make the career switch, say Michael Ascher and Kimberly Donlon at Major Lindsey.

  • Opinion

    Justices Correctly Used Shadow Docket In OSHA Vax Ruling

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    The U.S. Supreme Court’s use of the shadow docket to sink the Biden administration’s vaccine mandate for large employers in National Federation of Independent Business v. U.S. Department of Labor was the right procedure given the rule’s time-limited duration — even if the court reached the wrong substantive result, says Peter Fox at Scoolidge Peters.

  • What High Court Rulings Mean For Employer Vax Mandates

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    While the U.S. Supreme Court’s recent opinions on COVID-19 vaccination mandates for private and health care employers offer important guidance on workplace applicability, lower courts’ resolution of the underlying lawsuits could still pose further changes, says Jordann Wilhelm at Radey Law Firm.

  • Takeaways From White Collar Criminal Enforcement In 2021

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    White collar criminal prosecutions were up in 2021, with recent high-profile fraud trials, the Biden administration's enforcement priorities and the continuing effects of the COVID-19 pandemic potentially reversing the previous trend of slumping white collar prosecutions, say attorneys at Keker Van Nest.

  • How In-House Counsel Can Make The Case For Settling Early

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    Following the recent settlement in McDonald's v. Easterbrook, in-house counsel should consider decision-tree analyses and values-driven communications plans to secure effective, early resolutions in litigation, saving time and money and moving the company mission forward, say Ronald Levine at Herrick Feinstein and Richard Torrenzano at The Torrenzano Group.

  • To Retain Talent, GCs Should Prioritize Mission Statements

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    With greater legal demands and an increasing number of workers resigning during the pandemic, general counsel should take steps to articulate their teams' values in departmental mission statements, which will help them better prioritize corporate values and attract and retain talent, says Catherine Kemnitz at Axiom.

  • Top 10 Whistleblowing And Retaliation Events Of 2021

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    Last year's most important whistleblower developments will likely reverberate into 2022 and beyond, with key court rulings and legislative advancements poised to expand protections, and a record-breaking amount of awards issued by the U.S. Securities and Exchange Commission likely to incentivize more information sharing, say Steven Pearlman and Pinchos Goldberg at Proskauer.

  • Bid Protest Spotlight: Nonpublic Info, Brand Names, Prejudice

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    In this month's bid protest roundup, Roke Iko at MoFo discusses three decisions from the U.S. Government Accountability Office and the Federal Circuit, which shed light on the risks of involving former government employees with nonpublic information in the proposal process, requirements for brand-name justification, and when a presumption of prejudice exists.

  • Biden's Infrastructure Funding Comes With Strings Attached

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    ​The bipartisan infrastructure funding bill enacted last November ​creates new jobs and business opportunities, but ​its ​changes to domestic preferences and Made in America enforcement also give rise to new compliance hazards for unwary manufacturers and government contractors, say Jeffrey Belkin and Grecia Rivas at Alston & Bird.

  • How Congressional Oversight May Shift In 2022 And Beyond

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    Congressional oversight priorities are likely to be shuffled in 2022 and 2023 given the likelihood that this year’s midterm elections will politically realign one or both chambers, with Democrats seizing on a sense of investigative urgency into issues like emergency loans and government contracts, and Republicans deepening scrutiny of the current administration, say Aaron Cutler and Ari Fridman at Hogan Lovells.

  • Recent Bias Suits Against Law Firms And Lessons For 2022

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    2021 employment discrimination case filings and developments show that law firms big and small are not immune from claims, and should serve as a reminder that the start of a new year is a good time to review and update salary, promotion and leave policies to mitigate litigation risks, says Hope Comisky at Griesing Law.

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