Government Contracts
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March 21, 2019
Afghan Man Can’t Duck Counterclaims in Army Contract Suit
An Afghan national suing an American man for breach of contract over their partnership on a joint venture in Afghanistan can’t escape counterclaims from his former business partner, a Tennessee federal judge has ruled.
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March 21, 2019
Whistleblower Doctor Trio Nabs $35M In FCA Kickback Sequel
Three whistleblower doctors have helped secure a $35 million False Claims Act deal with a Maryland hospital chain accused of paying for patient referrals, the U.S. Department of Justice said Thursday, marking a sequel to an earlier kickback settlement sparked by the same trio.
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March 21, 2019
Marine Chief Says Hurricanes, Border Work Straining Budget
Recent hurricanes, alongside deployments to the southern border and other unexpected events, have resulted in the U.S. Marine Corps facing unprecedented financial challenges and "unacceptable risk" to its combat readiness, Commandant Gen. Robert Neller said in a pair of internal memos, publicly leaked Thursday.
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March 21, 2019
GAO Axes Bid Protest In Army Cyberspace Deal
The U.S. Army reasonably rejected MacAulay-Brown Inc.’s bid for a cyberspace operations deal after the Ohio-based company failed to meet certain technical and management-related requirements, the U.S. Government Accountability Office found Wednesday.
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March 21, 2019
Sens. Seek Answers About Doctor-Owned Medical Suppliers
Sens. Chuck Grassley, R-Iowa, and Ron Wyden, D-Ore., have sent a letter to agencies within the U.S. Department of Health and Human Services seeking answers on their efforts to monitor medical suppliers that are partly owned by the physicians whose practices they supply.
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March 21, 2019
DOD Awards Boeing $4B Multiyear Fighter Jet Deal
Boeing has won a $4 billion contract to supply 78 F/A-18 fighter jets to the Navy over the next several years, the U.S. Department of Defense announced, saying the use of a multiyear deal will save hundreds of millions of dollars over short-term agreements.
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March 21, 2019
Tesla, Contractor To Face Trafficking Claim In Visa Fraud Suit
A California federal judge on Wednesday dumped most of an amended suit alleging Tesla and its contractor committed visa fraud to illegally import low-cost foreign labor, but allowed one of the plaintiffs' human trafficking claims to survive.
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March 21, 2019
Paving Co. Demands $7.4M Under Army Base Subcontract
A California paving contractor sued a pair of construction companies, their joint venture and four insurance companies in Oklahoma federal court Wednesday over nearly $7.4 million in unpaid work done on an Oklahoma Air Force base construction project.
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March 21, 2019
Pittsburgh Loses Bid To Dodge FCA Housing Suit Again
A Pennsylvania federal judge refused to dismiss a False Claims Act suit accusing the city of Pittsburgh of defrauding the federal government of millions of dollars meant for the Community Development Block Grant program, nearly a year after the Third Circuit revived the suit.
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March 20, 2019
What’s In A Judgeship? More Than Meets The Eye
Figuring out what constitutes a manageable workload for the nation’s district judges is no simple task. Getting the judiciary the resources it needs is even harder.
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March 20, 2019
Swamped: How Magistrate Judges Salvaged Louisiana's Judicial Crisis
The Western District of Louisiana is supposed to have seven district judges. But for a year, most of the courthouses were operating without a single Article III judge. As usual, magistrate judges picked up the slack.
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March 20, 2019
Seadrill Can't Dodge Oro Negro Ch. 15 Depo Subpoena
Seadrill Ltd. cannot duck a subpoena seeking to unearth what the company knew about alleged efforts to disrupt rival Perforadora Oro Negro's Gulf of Mexico oil drilling operations, a New York bankruptcy judge ruled Wednesday, saying it would not be overly burdensome for the company to designate a suitable deponent.
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March 20, 2019
Pointed Questions Suggest Longer FCA Time Limit Is Likely
An extended time limit for False Claims Act cases where the government doesn't intervene, seemingly supported by the justices at arguments for a pending U.S. Supreme Court case, marks a significant potential expansion of already-high FCA-related risks and costs for federal contractors, attorneys said.
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March 20, 2019
Ex-Diplomat Tells Jury Alleged Forced Labor Was Aboveboard
An attorney for a former Chinese diplomat accused of using workers from his home country as forced labor in U.S. construction projects made his final pitch to a Brooklyn jury Wednesday, arguing there was a legitimate employment arrangement with the supposed victims.
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March 20, 2019
Raydon Workers Fight Bid To Nix Suit Over $60.5M Stock Sale
Raydon Corp. workers want a Florida federal judge to preserve a lawsuit accusing two executives of selling company stock to the employee retirement plan for the inflated price of $60.5 million, urging the judge Tuesday to torpedo a bid from the bank that oversaw the stock sale to toss the proposed class action.
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March 20, 2019
S. Korean Oil Cos. To Pay $126M For Bid-Rigging Scheme
Two South Korean petroleum and refinery companies have agreed to plead guilty and pay $126 million in criminal fines and civil damages for rigging bids on defense fuel supply contracts, the U.S. Department of Justice’s antitrust chief said Wednesday.
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March 20, 2019
Fla. Insurer Must Give Up Partial Provider List In Contract Spat
A Florida appeals court ruled Wednesday that the winner of a contract to provide dental benefits for Florida’s health insurance program for children has to hand over some documents, including a list of its providers, to a public records request by a losing bidder but can keep secret a list of potential providers.
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March 20, 2019
Teva's 'Strategic Decision' On FCA Testimony Gets Judge's Ire
A New York federal judge said that Teva Pharmaceuticals made a "strategic decision" not to challenge expert testimony in a False Claims Act case and that she has "no interest" in revisiting a recent ruling in light of new challenges.
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March 20, 2019
Kellogg Dodges Cook County Suit Over $2M Heating Bill
Kellogg Co. is off the hook for $2 million in heating bills after an Illinois federal judge ruled Tuesday that a 1973 agreement requires Cook County to provide a Chicago facility owned by the company's subsidiary with steam heat free of charge.
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March 20, 2019
Akerman Atty Joins Miami Boutique As Whistleblower Chief
Boutique Miami-based trial firm Freidin Brown PA has added a former Akerman LLP partner who will lead the firm’s growing whistleblower and qui tam practice as well as represent medical malpractice and personal injury victims throughout Florida.
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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Lenders Score Major High Court Victory In Foreclosure Case
The U.S. Supreme Court's unanimous ruling on Wednesday in Obduskey v. McCarthy & Holthus LLP removes nearly all activities taken by creditors seeking nonjudicial foreclosure of liens and mortgages from the ambit of the Fair Debt Collection Practices Act, says John Baxter of Nelson Mullins Riley & Scarborough LLP.
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Tech Trends From SXSW Pose Unique Questions For Lawyers
These days, a popular theme in media is that lawyers' jobs will be taken by robots. However, based on the tech issues discussed at the South by Southwest technology conference in Austin, Texas, last month, robots may in fact need lawyers, says Nick Abrahams of Norton Rose Fulbright.
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Opposite Rulings Refine Scope Of Texas Sovereign Immunity
Last week, the Texas Supreme Court reached opposite conclusions in two sovereign immunity cases, reflecting the excruciating parsing of statutory text required to determine whether a claim against a local government is barred or is encompassed by a statutory waiver of immunity, says Lyndon Bittle at Carrington Coleman Sloman & Blumenthal LLP.
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Liability For CEO Misconduct Expands After #MeToo
The Nevada Gaming Commission's recent $20 million fine against Wynn Resorts for failing to act after reports of its former CEO's alleged sexual misconduct demonstrates how #MeToo has altered the classic economic assessment for harassment claims, says Dove Burns of Obermayer Rebmann Maxwell & Hippel LLP.
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In Bar Admissions Process, It's Candor Or Bust
You passed the bar exam and are ready for the character and fitness committee interview. Time to think about how to discuss that minor incident in college, that misdemeanor in high school or that mental health issue that you have totally under control, says Richard Maltz of Frankfurt Kurnit Klein & Selz PC.
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Keeping Up With DOD Cybersecurity Compliance Demands
The Defense Contract Management Agency recently updated its contractor purchasing system review guidebook, assuming obligations beyond those imposed by the defense federal acquisition regulation supplement clause. Contractors should be aware of the new requirements which will likely show up in future contracts or modifications to existing contracts, say attorneys at Covington & Burling LLP.
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Series
Judging A Book: Bashant Reviews 'Doing Justice'
My initial reaction to "Doing Justice" was that author Preet Bharara may have bitten off more than he could chew — an accusation leveled against him when he served as U.S. attorney for the Southern District of New York — but I found the book full of helpful gems, says U.S. District Judge Cynthia Bashant of the Southern District of California.
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Firms Can Leverage Communications When Economy Is Slow
Though most experts believe that an imminent recession is unlikely, slowdown fears are increasing. Now is the time for firms to consider how to best leverage their communications and marketing teams to lessen impacts from a potential economic slowdown, says Tom Orewyler of Tom Orewyler Communications LLC.
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Don't Let Organizational Conflicts Haunt Your Gov't Contract
The U.S. Government Accountability Office's recent bid protest decision regarding Safal Partners Inc. is a reminder to procurement officials and would-be government contractors of the importance of identifying and mitigating potential organizational conflicts of interests before bidding, say Kenneth Weckstein and Shlomo Katz of Brown Rudnick LLP.
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Ethical Social Media Marketing For Lawyers
Social media presents rich opportunities to reach prospective clients. Attorneys should not let those opportunities pass them by, but they should keep their ethical obligations in mind as they post, says Cort Sylvester of Nilan Johnson Lewis PA.