Government Contracts

Contractors Shouldn't Panic Over Record OFCCP Recoveries

A close look at the Office of Federal Contract Compliance Programs’ record recoveries from government contractors in fiscal year 2019 shows the agency’s momentum is unlikely to hold through 2020, when fewer Obama-era audits remain to be resolved, say former OFCCP Director Ondray Harris and Christy Kiely of Hunton.

HHS Anti-Kickback Plan Could Boost Patient Engagement

The U.S. Department of Health and Human Services' recently proposed safe harbor to the Anti-Kickback Statute represents a welcome relaxation of regulatory barriers, potentially enabling providers to improve patient engagement and deploy technological products aimed at coordinated care, but it may present significant implementation challenges, say attorneys at Moses & Singer.

Key Aspects Of DOJ's Gov't Procurement Antitrust Initiative

The U.S. Department of Justice’s recently announced interagency strike force targets bid-rigging and other antitrust crimes at every level of government, meaning individuals and companies involved in government procurement or grants should prepare for increased scrutiny and enhanced enforcement, say attorneys at Latham.

How To Hire Lateral Partners More Effectively

Although lateral partner hiring is the preferred method of inorganic growth among law firms, the traditional approach to vetting does not employ sufficient due diligence by the hiring firm, says Michael Ellenhorn at executive search firm Decipher Competitive Intelligence.

Suspension And Debarment: FY 2019 By The Numbers

The System for Award Management shows that federal agency suspension and debarment activity is experiencing a multiyear, pronounced decline, with the notable exception of an uptick in exclusions of firms, says David Robbins of Crowell & Moring.

State Net

Wildfire Responses Resonate Beyond California

Firefighting practices are often shared between states, so what California does, or doesn't do, to prevent and combat wildfires has impacts beyond its borders. One lesson learned this year is that power shutoffs to prevent fires cause more problems than they solve, says Lou Cannon of State Net Capitol Journal.

DOD Clarifies Contractor Cybersecurity Certification Process

Amy Conant Hoang and Sarah Burgart at K&L Gates explain last week's important changes to the draft Cybersecurity Maturity Model Certification procedures, a framework developed by the U.S. Department of Defense to measure a contractor’s ability to safeguard information handled in the performance of DOD contracts.

Texas Could Take Page From Mass.'s Judicial Selection Book

As Texas and other states review their judicial election processes, they would be well served by taking guidance from Massachusetts' Governor’s Council system, which protects the judiciary from the hazards of campaigning, says Richard Baker of New England Intellectual Property.

Genetic Testing Gold Rush Gives Rise To Fraud Allegations

As Medicare payments for genetic testing rise, recent federal indictments over related fraud schemes suggest that a crackdown is already underway, says Alexander Owens of Pietragallo Gordon.

Series

Judging A Book: McKeown Reviews 'Conversations With RBG'

Reading Jeffrey Rosen’s "Conversations With RBG: Ruth Bader Ginsburg on Life, Love, Liberty, and Law" is like eavesdropping on the author and his subject while they discuss how the restrained judicial minimalist became the fiery leader of the opposition, says Ninth Circuit Judge M. Margaret McKeown.

Bid Protest Spotlight: Jurisdiction, Standing, GAO Limits

In this month's bid protest roundup, Victoria Angle and Roke Iko at Morrison & Foerster look at three October decisions: The U.S. Court of Federal Claims considered its jurisdiction, the Federal Circuit looked at standing, and the U.S. Government Accountability Office clarified its scope of review over AbilityOne procurement protests.

Opinion

Flat-Fee Legal Billing Can Liberate Attorneys

Replacing hourly billing with flat-fee arrangements, especially for appellate work, will leave attorneys feeling free to spend as much time as necessary to produce their highest quality work, says Lawrence Ebner of Capital Appellate Advocacy.

Spoliation Rule Remains Ambiguous Despite Amendments

Although the Federal Rules of Civil Procedure were amended to provide a uniform standard of culpability for spoliation, cases with similar facts are still reaching differing results because the rule does not specify how a court should evaluate a party's intent, say attorneys at Pepper Hamilton.

5 Trends Influencing RFPs For Law Firms

Requests for proposals, the standard tool of companies evaluating law firms, are becoming better suited to the legal industry, says Matthew Prinn of RFP Advisory Group.

Series

Why I Became A Lawyer: Being There For Families In Trouble

My parents' contentious, drawn-out divorce was one of the worst experiences of my life. But it taught me how to be resilient — and ultimately led me to leave corporate litigation for a career in family law, helping other families during their own difficult times, says Sheryl Seiden of Seiden Family Law.