Government Contracts

Ethics Tips For Attorneys Telecommuting Across State Lines

Attorneys working remotely from jurisdictions in which they are not admitted should take precautionary steps to avoid engaging in unauthorized practice of law, say John Schmidt and Michael Seaman at Phillips Lytle.

6 Ways Legal Employers Can Help Pandemic-Weary Parents

Parenting during the pandemic has introduced a series of competing personal and professional obligations for attorneys and professional staff, and even organizations that are supportive of their parent employees can take steps to do better, says Meredith Kahan at Saul Ewing.

Health Cos. Can Reduce FCA Risk By Leveraging Data

The U.S. Department of Justice's increasing reliance on data analytics for False Claims Act investigations brings new urgency to how health industry participants can defensively deploy data to bolster compliance efforts, says Brenna Jenny at Sidley Austin and Mihran Yenikomshian and Paul Greenberg at Analysis Group.

Questions Loom About DOJ Dismissal Power In FCA Suits

The Second Circuit's recent decision to grant a U.S. Department of Justice motion to dismiss a False Claims Act suit, without weighing in on the standard for assessing the agency’s decision, illustrates a significant trend, given an increase in agency dismissals and the expected uptick in FCA cases amid the pandemic, say attorneys at Baker Botts.

SBA Vendor Report Overlooks Implicit Contract Ratification

A recent report from the U.S. Small Business Administration's Office of Inspector General directs unauthorized vendor commitments to be remedied under a federal acquisition regulation, but fails to consider that the government may have already implicitly ratified some agreements, say attorneys at Venable.

Remote Working Tips For Lawyer Trainees And Their Firms

The prospect of joining a law firm during the pandemic can cause added pressure, but with a few good practices — and a little help from their firms and supervising attorneys — lawyer trainees can get ahead of the curve while working remotely, say William Morris and Ted Landray at King & Spalding.

EpiPen Ruling Could Embolden Private Anti-Kickback Claims

A Minnesota federal court's recent EpiPen decision, allowing private litigants to assert Anti-Kickback Statute violations, could expose companies to novel and aggressive AKS theories over which federal prosecutors have historically exercised discretion, say Allan Thoen and Callan Stein at Troutman Pepper.

Employers Must Prioritize Pay Equity

The recent federal and state trend toward strengthening equal pay laws is sure to gain momentum, so it is now more important than ever before for employers to develop pay equity strategies, says Erin Connell at Orrick.

What Biden's Ethics Pledge Means For Gov't Revolving Door

Attorneys at Nossaman look at how President Joe Biden’s ethics pledge goes beyond those of his predecessors by imposing post-employment shadow lobbying and golden parachute restrictions on his administration’s appointees — and how a House bill proposing expansion of federal ethics law could affect enforcement.

Opinion

Punishing Bar Exam Policies On Menstrual Products Must Go

Law graduates across the states are sitting for the grueling two-day bar exam this week despite menstruation-related barriers, such as inadequate menstrual product and bathroom access, which could be eradicated with simple policy tweaks, say law professors Elizabeth Cooper, Margaret Johnson and Marcy Karin.

It's Time For Law Firms To Start Loving And Leveraging Data

The volume and diversity of data managed by law firms today — from client files to internal financial records — may seem daunting, but when properly organized, good data can help practitioners stay competitive by providing sharper insight into firm resources and cost of work, say Jaron Luttich and Barry Wiggins at Element Standard.

Keys To Protecting Clients During Law Firm Dissolution

Whether a law firm dissolution is amicable or adversarial, departing attorneys should take steps to maintain their legal and ethical responsibilities toward clients, and beware client confidentiality pitfalls when joining new firms, say John Schmidt and Colin Fitzgerald at Phillips Lytle.

DOD's New Cyber Rules May Spur Contract Disputes

Contractors adapting to solicitations and contracts that include new cybersecurity assessment requirements from the U.S. Department of Defense should familiarize themselves with adjacent new areas for contract disputes and the potential avenues for relief should a controversy arise, say attorneys at Rogers Joseph.

How Case Management Orders Can Support New Attorneys

Courts are leading the way in ensuring oral argument opportunities for newer attorneys by incorporating innovative language in a variety of orders, and private parties can and should follow suit by incorporating similar language into case management orders, say Megan Jones and Halli Spraggins at Hausfeld.

An In-House Counsel's Guide To Better Work Management

Amid economic uncertainty and increasing pressure on corporate legal departments to do more with less, work management processes should be aimed at tracking legal teams' every contribution, including routine matters that can be reallocated to nonlegal staff, says Aaron Pierce at LexisNexis CounselLink.