Government Contracts

2018 Trends In HHS Corporate Integrity Agreements

The Office of Inspector General at the U.S. Department of Health and Human Services entered into only 37 new corporate integrity agreements last year — the lowest number since 2012 — but it was an important year on the policy front, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

Arbitrators And Mediators Should Reflect Society's Diversity

Alternative dispute resolution providers have made great strides toward diversity, but recent statistics show there is still work to be done. There are certain steps ADR providers can take to actively recruit more women and minority candidates to serve as arbitrators and mediators, says James Jenkins of the American Arbitration Association.

Why AFAs Are Key To The Future Of Legal Practice

Alternative fee agreements can help align law firm and client interests, increase efficiency and eliminate corporate extortion, among other benefits. They are the best thing to happen to the practice of law in decades, says Kelly Eisenlohr-Moul at Dinsmore & Shohl LLP.

Domestic Sourcing Requirement Doesn’t Fit DOD’s Gloves

A recent Government Accountability Office decision found that a nonavailability exception applied to a Defense Department solicitation for leather combat gloves even though the type of leather at issue was available domestically. The decision sheds light on the regulatory nuances regarding domestic sourcing, say attorneys at Covington & Burling LLP.

Circuits Left To Develop FCA Discovery Case Law

Last week, the U.S. Supreme Court denied certiorari in two major False Claims Act cases, both involving the government’s knowledge or suspicion of violations allegedly resulting in knowingly false claims. Nichols Liu LLP attorneys consider the implications for the materiality standard and FCA cases going forward.

Series

Judging A Book: Barron Reviews 'The Clamor Of Lawyers'

Can lawyers lead a revolution? According to "The Clamor of Lawyers: The American Revolution and Crisis in the Legal Profession" — a slim but elegant volume by Peter Charles Hoffer and Williamjames Hull Hoffer — they can and they did, says First Circuit Judge David Barron.

SBA Is Wrong To Delay Runway Extension Act

A recent legislative change to the Small Business Act that enables growing companies to stay “small” longer should have gone into effect. But the SBA has delayed implementation indefinitely, thwarting Congress and confounding contractors, say Deborah Rodin and Jeffery Chiow at Rogers Joseph O'Donnell PC.

Opinion

The Case For Lawyer-Directed Litigation Funding In NY: Part 2

Lawyer-directed nonrecourse litigation funding is more likely to protect a lawyer's exercise of independent professional judgment than traditional means of litigation finance, and furthermore enables worthwhile cases that otherwise could not be funded, say Peter Jarvis and Trisha Thompson of Holland & Knight LLP.

Opinion

The Case For Lawyer-Directed Litigation Funding In NY: Part 1

Contrary to what the New York City Bar Association concluded in an ethics opinion last year, lawyer-directed nonrecourse commercial litigation funding does not violate New York rules on sharing fees with nonlawyers, say Peter Jarvis and Trisha Thompson of Holland & Knight LLP.

What To Make Of DOJ's 2018 False Claims Act Report

The U.S. Department of Justice’s 2018 False Claims Act statistics showed the lowest total recovery since the act was amended in 2009. But government contractors would be mistaken to think this signals fewer new qui tam lawsuits or a more relaxed enforcement landscape, says Matthew Turetzky of The Norton Law Firm.