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Government Contracts

  • January 16, 2019

    Telecom Industry Wrestles With Best Rural Funding Plans

    As the telecom industry considers better ways to fund rural broadband in 2019, serious questions are being raised about how great the demand for high-speed service is in rural areas and whether the FCC is placing the right emphasis on deployment in those markets.

  • January 16, 2019

    9th Circ. Question Could Affect Calif. Prevailing Wage Law

    California's prevailing wage law could be expanded or narrowed, depending on how the state's highest court may rule on a question about the payment of workers who transport machinery to and from public construction projects, the Ninth Circuit said Tuesday.

  • January 16, 2019

    NJ Apprenticeship Rule May Be Heavy Lift For Contractors

    New Jersey contractors may soon face tough choices if the governor signs a bill requiring apprenticeship programs for those working on government construction projects, yet some may be able to avoid its effects for a year or two, attorneys say.

  • January 16, 2019

    Pa. Faces Suit Over Medicaid-Funded Abortion Ban

    A group of women’s health care providers has argued that a Pennsylvania statute largely banning Medicaid dollars from covering abortions should be struck down as a violation of equal protection rights under the state constitution.

  • January 16, 2019

    GSA Ignored Constitution In Trump Hotel Analysis: OIG

    The U.S. General Services Administration wrongly failed to consider potential constitutional violations when it looked into a possible breach of the lease for the federal building in Washington, D.C., that is now the Trump International Hotel, resulting in continued uncertainty over the lease, a GSA watchdog said Wednesday.

  • January 16, 2019

    Oracle Can’t Toss Race, Sex Bias Case Over ALJs

    Oracle America must continue fighting a race and sex bias suit brought by the U.S. Department of Labor federal contracts watchdog after an agency administrative law judge rejected its claim that he and his colleagues were not validly appointed under a recent U.S. Supreme Court ruling.

  • January 16, 2019

    Gov't Shutdown Stymies Dormitory Co.'s Fed Contract Case

    A dormitory services company's unfair treatment suit against the U.S. government slowed to a crawl in the Court of Federal Claims when the presiding judge asked the parties whether she should stay the case in light of an appropriations lapse due to the government shutdown.

  • January 16, 2019

    FCA Is Unconstitutional, Hospital Giant Tells Supreme Court

    Whistleblower provisions of the False Claims Act are unconstitutional because they deputize private citizens with powers afforded to government officers, hospital giant Intermountain Healthcare told the U.S. Supreme Court.

  • January 16, 2019

    Hospitalized Man Asks To Pause FCA Suit Over Blood Tests

    Attorneys for a patient who brought a False Claims Act suit accusing eight companies of receiving Medicare payouts for unnecessary blood testing kits asked a Massachusetts federal court Wednesday to put the case on hold due to their client’s recent hospitalization.

  • January 16, 2019

    Latest Shutdown-Ending Deal Spinning Out At Starting Line

    Key Republicans have so far shied away from signing onto the latest effort to end a showdown over President Donald Trump’s demand for $5.7 billion in funding for a Mexican border wall, in the form of a letter calling for a brief funding reprieve to negotiate a compromise.

  • January 16, 2019

    FCA Suit Alleging Retaliation Against Ex-Underwriter Tossed

    A Missouri federal court on Tuesday dismissed a False Claims Act suit against a commercial real estate lender company that is accused of terminating an underwriter who alerted the company to misrepresented Housing and Urban Development loan submissions, finding that the former employee’s complaints played no part in the decision to fire him.

  • January 16, 2019

    Texas Sued Over Ending Home Health Care Reimbursement

    A group of home health agencies has sued the Texas Health and Human Services Commission, alleging that without court intervention each will soon go out of business, and Texans will go without needed medical care, because of a recent decision by the state agency to discontinue reimbursement for telemonitoring services.

  • January 16, 2019

    1st Circ. Says Pharmacy Exec Can Bring FCA Retaliation Suit

    In a split decision that partially vacated a district court ruling, a First Circuit panel has said the former president of pharmacy chain Shields Health Solutions can bring a retaliation claim against the company under the False Claims Act after he was allegedly fired for accusing his employer of paying illegal kickbacks to a consultant.

  • January 15, 2019

    High Court Wary Of Skipped HHS Rulemaking On Hospital Pay

    U.S. Supreme Court justices on Tuesday appeared skeptical of the U.S. Department of Health and Human Services’ refusal to conduct notice-and-comment rulemaking when outlining a Medicare reimbursement policy that affects billions of dollars in hospital payments.

  • January 15, 2019

    Shutdown Draining Tribes, National Parks, Dem Panel Told

    A Democratic committee heard testimony Tuesday about the ongoing federal shutdown, with House Democrats blaming President Donald Trump for the shutdown and hearing testimony detailing the shutdown's worsening impact on Native Americans and public lands.

  • January 15, 2019

    Kasowitz Tells DC Circ. That Chem Cos. Hid Dangers

    Kasowitz Benson Torres LLP told the D.C. Circuit on Monday that a lower court got it wrong when it tossed the firm's suit accusing four chemical companies of violating the Toxic Substances Control Act by failing to tell the U.S. Environmental Protection Agency about a chemical's alleged danger.

  • January 15, 2019

    Gov't Hits Tetra Tech With FCA Suit Over Navy Cleanup Work

    The federal government has accused a Tetra Tech unit of billing the U.S. Navy for radiation remediation services at a former Navy shipyard in San Francisco that it did not actually perform, in violation of the False Claims Act.

  • January 15, 2019

    Attys Say Wartime Law Can't Save One 'Fat Leonard' Case

    A defense lawyers' group has urged a San Diego judge to toss charges against a retired U.S. Navy captain caught up in the “Fat Leonard” bribery scandal, saying a law meant for wartime fraud shouldn't be used to preserve a case brought years too late.

  • January 15, 2019

    India Space Unit Says Due Process Dooms $563M Award

    The marketing arm of India’s space program has doubled down on its bid to dismiss a telecommunications company’s suit seeking to confirm an award of more than $562.5 million stemming from a canceled satellite-leasing deal, contending in Washington federal court that exercising jurisdiction over the action would flout the state-owned company’s due process.

  • January 15, 2019

    Barr Walks Back Anti-False Claims Act Whistleblower Views

    U.S. attorney general nominee William Barr on Tuesday walked back previous comments about the False Claims Act's whistleblower provisions' being an "abomination" and unconstitutional, saying he would "diligently enforce" the law if confirmed to lead the U.S. Department of Justice.

Expert Analysis

  • 2018 Trends In HHS Corporate Integrity Agreements

    John Bentivoglio

    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

    James Jenkins

    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

    Kelly Eisenlohr-Moul

    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

    Scott Freling

    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

    Andy Liu

    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'

    Judge David Barron

    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

    Deborah Norris Rodin

    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

    Peter Jarvis

    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

    Peter Jarvis

    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

    Matthew Turetzky

    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.