Government Contracts
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November 13, 2018
US To Pay Contractor $1.1M For SC Nuclear Facility Work
The National Nuclear Security Administration must pay at least $1.1 million in withheld cash to the company tasked with designing, building and running a now-canceled nuclear fuel facility in South Carolina, the U.S. Court of Federal Claims said Friday.
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November 13, 2018
Janssen 'Doublespeak' Fueled Opioid Crisis, NJ Suit Says
Janssen Pharmaceuticals Inc. fanned the flames of the opioid crisis by using an elaborate campaign of deceptive marketing, including “doublespeak” that touted the company’s opioid painkillers as unlike most opioids, New Jersey alleged in a suit filed Tuesday.
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November 13, 2018
GAO Urges Defense Dept. To Clarify Lowest Price Deal Criteria
The U.S. Department of Defense needs to clarify its requirements around using the lowest price, technically acceptable contracting model, the U.S. Government Accountability Office said Tuesday, claiming the DOD wasn’t yet consistently following lawmakers’ mandates for LPTA deals.
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November 13, 2018
Texas Contractor CEO Didn't Rip Off NASA, Jury Says
A Texas federal jury has delivered an acquittal in a criminal fraud case accusing the CEO of a NASA contractor of falsely representing hours worked and costs, according to the executive’s lawyer.
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November 13, 2018
Contractor Denied Win In Row With Afghan Ex-JV Partner
A Tennessee federal court judge on Tuesday denied an American man’s bid for a quick win in a breach of contract suit brought against him by an Afghan national with whom he partnered on a joint venture in Afghanistan, saying there was insufficient proof the contract at issue was superseded by another agreement.
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November 13, 2018
DOD Research Chief Signals More Laser Weapons Funding
The U.S. Department of Defense will spend more on developing directed-energy weapons in coming years to make them a viable part of its missile defense plans, alongside trying to keep up with rapid developments in hypersonic weapons by U.S. rivals, the department's research chief said Tuesday.
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November 13, 2018
Romania Sees Energy Co.'s $450M Contract Claim Nixed
An international tribunal has rejected Swiss energy company Alpiq AG's $450 million claim against Romania, ruling that the country did not violate its international obligations by canceling long-term energy delivery contracts involving Alpiq subsidiaries and the state-owned power producer Hidroelectrica SA.
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November 13, 2018
As Amazon Goes Elsewhere, Pittsburgh To Release HQ2 Bid
Now that Amazon has announced it will split its second headquarters between New York and northern Virginia, Pittsburgh and Allegheny County are dropping their effort to keep their bid for the giant project secret and will release at least part of it to the public soon, Mayor Bill Peduto said Tuesday.
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November 9, 2018
Fed. Circ.'s Bond Ruling Likely To Affect State-Level Contracts
The Federal Circuit’s ruling that federal law required a government contractor to provide bonds prior to starting two U.S. Army construction projects will likely have nationwide ramifications, as each state’s courts consider how similar statutes apply to state contracts, lawyers said.
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November 9, 2018
DOD's Chief Management Officer Steps Down
The U.S. Department of Defense's chief management officer stepped down Friday, following two months of speculation that he was on the way out over an alleged failure to sufficiently identify cost savings, the key focus of his role.
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November 9, 2018
HHS Must Pay Facility Costs To Alaska Tribal Health Org
A D.C district judge has ruled that the U.S. Department of Health and Human Services must pay certain facility costs under a contract with a tribal health organization in Alaska to provide substance abuse treatment, but sent the case back to the agency to determine how much of the $467,000 the nonprofit is seeking it should receive.
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November 9, 2018
Ex-Clinic Operator Gets Prison In $158M Medicare Scam
A Texas federal judge has sentenced a man who operated a mental health clinic to 3½ years in prison for his role in what prosecutors alleged was a $158 million Medicare fraud scheme.
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November 9, 2018
US Foreign Arms Sales Increase To $192B In 2018
International sales of U.S. arms and defense equipment hit $192.3 billion in fiscal 2018, marking a significant leap from the previous year, the U.S. Department of State announced, suggesting that the Trump administration’s recent changes to arms export policy were behind the boost.
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November 9, 2018
2 Indicted In $400M Army Base Contract Kickback Scheme
Two employees of SK Engineering & Construction Co. Ltd. stand accused of being part of a scheme to defraud the U.S. government via fraudulent subcontracts as a vehicle to conceal bribes to a public official in exchange for over $400 million in construction contracts for a U.S. Army base in South Korea, according to prosecutors in Tennessee federal court Thursday.
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November 8, 2018
Contractor Charged With Hiring Unqualified Army Interpreters
A former recruiter for an interpretation services company was indicted in Maryland federal court Wednesday and accused of fraudulently hiring unqualified interpreters to work alongside the U.S. military in Afghanistan.
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November 8, 2018
9th Circ. Won't Revisit Ruling On VA Compensation For Tribe
The Ninth Circuit on Thursday refused a Native American tribe’s request that it review a circuit panel ruling that it has no jurisdiction over government health care cost reimbursements for the tribe’s veterans.
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November 8, 2018
DOD Must Plan Better For Corrosion Mitigation: GAO Report
The effects of corrosion cost the U.S. Department of Defense billions of dollars each year, but the DOD is not properly determining the appropriate level of funding needed to address the issue, the U.S. Government Accountability Office said Thursday.
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November 8, 2018
FCC, NASA To Push Private Communications Partnerships
The Federal Communications Commission and NASA are looking to make it easier for satellite and communications companies to expand in the airwaves by deregulating agency rules and heightening interest in private aerospace-industry contracts, officials told an audience at the Hudson Institute on Thursday.
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November 8, 2018
Jury Finds NY Bridge Contractor Guilty Of Fraud
A federal jury in upstate New York has convicted a state Department of Transportation contractor, finding he intentionally bought less than the required amount of materials under several federally funded bridge maintenance contracts and submitted fraudulent invoices to conceal his actions.
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November 8, 2018
NJ Justices Won't Review Malpractice Suit In Contract Row
The New Jersey Supreme Court has declined to review a state appellate court decision against reviving a legal malpractice case that accused Starr Gern Davison & Rubin PC of not turning over discovery materials to a former client’s new counsel during a breach of contract suit over $2 billion in defense contracts.
Editor's Picks
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The Latest On Escobar's FCA Impact
Federal courts across the country are handing down important rulings interpreting the U.S. Supreme Court’s landmark decision on False Claims Act liability in Universal Health Services v. Escobar. As the rulings keep pouring in, stay up to speed on Law360’s latest coverage and analysis of Escobar’s impact.
Expert Analysis
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It’s Time For Law Firms To Start Talking About Gen Z
Since the oldest members of Generation Z aren’t even finished with law school yet, law firm management is in a unique position to prepare for their entrance into the legal workforce, says Eliza Stoker of Major Lindsey & Africa.
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What To Expect From New Democratic Investigation Efforts
The new Democratic House majority is expected to direct much of its attention to executive branch oversight and accountability. Companies and their legal counsel should be prepared for a dramatically changed collateral environment as investigations cover a wide range of topics, say attorneys at WilmerHale.
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Q&A
Back To School: Yale's Linda Greenhouse Talks Journalism
In this series featuring law school luminaries, Yale Law School lecturer and Pulitzer Prize-winning reporter Linda Greenhouse discusses her coverage of the U.S. Supreme Court, the conservatives' long game and trends in journalism.
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Opinion
Celebrate Veterans By Improving Their Access To Justice
Attorneys should think beyond the Veterans Day parades and use their time and talents to help the many veterans facing urgent legal issues, says Linda Klein of Baker Donelson Bearman Caldwell & Berkowitz PC.
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Opinion
Time To Reclaim Wellness For All Lawyers
The decision last month by Baker McKenzie’s global chairman to step down due to exhaustion indicates that the legal profession needs to mount a broader wellness effort to address long hours, high stress, frequent travel and the daily demands of practice, says Leesa Klepper, director of Thrivewell Coaching.
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A Critical Approach To Repeat Extensions Of FCA Seal Period
In U.S. v. Pentec Health, a Pennsylvania federal court recently denied the government’s 11th request to extend the period during which a False Claims Act action remained under seal. In so doing, it adopted a narrow view of what constitutes “good cause” to extend the seal period, say J. Taylor Chenery and Brian Irving of Bass Berry & Sims PLC.
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Diligence Remains Key For Medicare Advantage Plans
In UnitedHealthcare v. Azar, a D.C. federal court recently determined that it was too easy for Medicare Advantage health plans to be accused of fraud based on erroneous data. Though the court struck down a regulation instructing plans to use "reasonable diligence," plans should not scale back compliance programs, says Michael Kolber of Manatt Phelps & Phillips LLP.
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Protecting Law Firm Talent At Both Ends
By 2030, it is possible that 75 percent of lawyers practicing in the U.S. will be millennials. A broadened focus on retention and advancement of all young lawyers is therefore a logical step forward but it fails to address another major retention issue that law firms should explore, says Susan Smith Blakely of LegalPerspectives LLC.
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Suspension And Debarment: FY 2018 By The Numbers
Data in the System for Award Management shows a decline in federal suspension and debarment activity. The government excluded fewer contractors in every category in fiscal year 2018 compared to FY 2017, and even fewer when compared to FY 2016, say David Robbins and Laura Baker of Crowell & Moring LLP.
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Q&A
Wendy Olson Talks Twin Falls, Tribes, Private Practice
Former U.S. Attorney for the District of Idaho Wendy Olson discusses her decades of experience prosecuting white collar crimes and civil rights violations, her work and challenges as U.S. attorney, and her move to private practice.