Gov't Contractor Takeaways From Biden's Clean Energy Order

Attorneys at Covington discuss how President Joe Biden's recent net-zero emissions pledge and related executive actions are changing the landscape of federal procurement, creating new opportunities and challenges for government contractors.

Drug Patent Suits' Novel Theory Tests False Claims Act Limits

Three recent False Claims Act cases in federal district courts, pursuing the novel theory that pharmaceutical companies defrauded the government by charging inflated drug prices based on invalid patents, could set federal appellate courts on a collision course and create new risks for patent holders, say attorneys at Williams & Connolly.

4 Consequences Of Gov't Contractor Antitrust Violations

Along with criminal penalties, significant collateral repercussions can follow a government contractor's conviction for antitrust violations, so vigilant compliance strategies are a must as the U.S. Department of Justice turns its attention to this area, say attorneys at Arnold & Porter.

How Health Cos. Have Responded To Anti-Kickback Reform

A year after the Centers for Medicare & Medicaid Services revised anti-fraud and abuse regulations for value-based care arrangements, health companies have expressed some willingness to embrace new safe harbors, but ultimately further reform may be necessary, say Troy Barsky and Barbara Ryland at Crowell & Moring.

The Rising Demand For Commercial Litigators In 2022

Amid broken supply chains, pandemic-induced bankruptcies and a rise in regulation by litigation, strong commercial litigators — strategists who are adept in trying a range of tortious and contractual disputes — are becoming a must-have for many law firms, making this year an opportune moment to make the career switch, say Michael Ascher and Kimberly Donlon at Major Lindsey.

Opinion

Justices Correctly Used Shadow Docket In OSHA Vax Ruling

The U.S. Supreme Court’s use of the shadow docket to sink the Biden administration’s vaccine mandate for large employers in National Federation of Independent Business v. U.S. Department of Labor was the right procedure given the rule’s time-limited duration — even if the court reached the wrong substantive result, says Peter Fox at Scoolidge Peters.

What High Court Rulings Mean For Employer Vax Mandates

While the U.S. Supreme Court’s recent opinions on COVID-19 vaccination mandates for private and health care employers offer important guidance on workplace applicability, lower courts’ resolution of the underlying lawsuits could still pose further changes, says Jordann Wilhelm at Radey Law Firm.

Takeaways From White Collar Criminal Enforcement In 2021

White collar criminal prosecutions were up in 2021, with recent high-profile fraud trials, the Biden administration's enforcement priorities and the continuing effects of the COVID-19 pandemic potentially reversing the previous trend of slumping white collar prosecutions, say attorneys at Keker Van Nest.

How In-House Counsel Can Make The Case For Settling Early

Following the recent settlement in McDonald's v. Easterbrook, in-house counsel should consider decision-tree analyses and values-driven communications plans to secure effective, early resolutions in litigation, saving time and money and moving the company mission forward, say Ronald Levine at Herrick Feinstein and Richard Torrenzano at The Torrenzano Group.

To Retain Talent, GCs Should Prioritize Mission Statements

With greater legal demands and an increasing number of workers resigning during the pandemic, general counsel should take steps to articulate their teams' values in departmental mission statements, which will help them better prioritize corporate values and attract and retain talent, says Catherine Kemnitz at Axiom.

Top 10 Whistleblowing And Retaliation Events Of 2021

Last year's most important whistleblower developments will likely reverberate into 2022 and beyond, with key court rulings and legislative advancements poised to expand protections, and a record-breaking amount of awards issued by the U.S. Securities and Exchange Commission likely to incentivize more information sharing, say Steven Pearlman and Pinchos Goldberg at Proskauer.

Bid Protest Spotlight: Nonpublic Info, Brand Names, Prejudice

In this month's bid protest roundup, Roke Iko at MoFo discusses three decisions from the U.S. Government Accountability Office and the Federal Circuit, which shed light on the risks of involving former government employees with nonpublic information in the proposal process, requirements for brand-name justification, and when a presumption of prejudice exists.

Biden's Infrastructure Funding Comes With Strings Attached

​The bipartisan infrastructure funding bill enacted last November ​creates new jobs and business opportunities, but ​its ​changes to domestic preferences and Made in America enforcement also give rise to new compliance hazards for unwary manufacturers and government contractors, say Jeffrey Belkin and Grecia Rivas at Alston & Bird.

How Congressional Oversight May Shift In 2022 And Beyond

Congressional oversight priorities are likely to be shuffled in 2022 and 2023 given the likelihood that this year’s midterm elections will politically realign one or both chambers, with Democrats seizing on a sense of investigative urgency into issues like emergency loans and government contracts, and Republicans deepening scrutiny of the current administration, say Aaron Cutler and Ari Fridman at Hogan Lovells.

Recent Bias Suits Against Law Firms And Lessons For 2022

2021 employment discrimination case filings and developments show that law firms big and small are not immune from claims, and should serve as a reminder that the start of a new year is a good time to review and update salary, promotion and leave policies to mitigate litigation risks, says Hope Comisky at Griesing Law.