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Government Contracts

November 25, 2020
Calif. Judge Revives Succession Claim In Public Charge Suit

A California federal judge revived health clinics' claims that the Trump administration's immigration wealth test is invalid because the policy was issued by an improperly appointed official, saying Wednesday that a "factual conflict" has emerged since she tossed those claims.
November 25, 2020
GAO Says $75M DOD Health IT Support Deal Was Fair

The U.S. Government Accountability Office denied a protest over a $75.3 million Defense Health Agency program management deal, saying the awardee wasn't advantaged by access to the protester's personnel information, much of which was public on LinkedIn anyway.
November 25, 2020
GAO Denies Protest Of Vaccine Research Contract

The U.S. Government Accountability Office denied a bid protest from the global research firm Battelle Memorial Institute on Wednesday, the company's third such protest, because it found that the company's proposal had not been disparately evaluated by the Centers for Disease Control and Prevention.
November 25, 2020
FCC Won't Reverse Move Labeling ZTE As Nat'l Security Risk

The Federal Communications Commission held to its designation of Chinese telecom ZTE as a national security threat and its decision to deny federal funds to telecom companies that use its equipment, saying the company hasn't taken solid steps to reduce risks to U.S. networks.
November 25, 2020
Embattled Energy Exec Charged In $317M N95 Mask Scheme

A Houston energy executive already facing criminal fraud charges related to what jurors determined was infringement on Chevron's trademark has now been accused of duping an Australian state into paying $317 million for non-existent N95 face masks.
November 24, 2020
Claims Court Allows FEMA To Continue COVID-19 Test Deal

A U.S. Court of Federal Claims judge refused Tuesday to stop the Federal Emergency Management Agency from proceeding with a $48 million contract for COVID-19 testing that's under protest, saying the benefits of the deal outweighed the potential reasons for an injunction.
November 24, 2020
DHS Sued Over Environmental Impacts Of Immigration

Three Minnesota residents sued the federal government Tuesday alleging it has neglected its obligation to consider the environmental impacts of immigration to the U.S. for decades and "turned a blind eye" to how population increases jeopardize natural resources.
November 24, 2020
Cook County Escapes FCA Suit Over Grant Funds, For Now

An Illinois federal judge on Tuesday dismissed Cook County from a False Claims Act suit brought by the government on behalf of a former public health employee alleging the county defrauded the U.S. of millions in federal grant funds, saying she hasn't offered necessary details about the scheme.
November 24, 2020
Patchy DOL Reports Mean Ineligible Cos. May Win Gov't Deals

The U.S. Department of Labor's failure to consistently inform other agencies about contractors that violate a prevailing wage law means federal contractors may be winning deals they shouldn't be eligible for, according to a watchdog report.
November 24, 2020
Divided DC Circ. Denies Tribes' Bid To Halt Border Wall

A divided D.C. Circuit panel refused to halt construction of President Donald Trump's border wall on Monday, overriding claims from Native American groups that the project is irreversibly destroying significant archeological sites, in violation of federal law.
November 24, 2020
Prison Operator's Family Separation Defamation Suit Tossed

A financial investment firm has beaten back a suit brought by CoreCivic Inc. over allegedly false claims about the private prison company's role in the separation of immigrant families, after a California district judge permanently dismissed the suit and found the statements in question were "true enough."
November 24, 2020
HHS Says It's Working With Biden, Touts AstraZeneca Vaccine

After appearing to hedge last week on the potential of a Joe Biden transition, the head of the U.S. Department of Health and Human Services said Tuesday that he's working with the president-elect's team and that the agency has high hopes for one of AstraZeneca's coronavirus vaccine candidates.
November 24, 2020
NJ Immigrant Detainees Get Class Cert. In COVID-19 Suit

A New Jersey federal judge on Monday certified a class of Elizabeth Detention Center immigrant detainees who allege the government has violated federal COVID-19 safety guidelines by holding them in cramped quarters that are allegedly perfect for spreading the virus, but held off on deciding the merits of the claims.
November 24, 2020
Trump Admin. Tells 9th Circ. Alaska Land Swap Is Valid

The Trump administration has told the Ninth Circuit that it properly weighed public health concerns when it approved a land transfer that could allow an isolated Native community to build a road through a wildlife refuge, despite the Obama administration's concern about the project's environmental impact.
November 23, 2020
Split 5th Circ. Says Texas Can Cut Planned Parenthood Funds

An split en banc Fifth Circuit on Monday overruled a circuit panel and vacated a preliminary injunction blocking Texas from kicking Planned Parenthood out of the Medicaid program, holding that individual patients do not have a right to challenge the state's determination that their providers were not "qualified."
November 23, 2020
9th Circ. Applies FLSA Standard To Contractor's FMLA Case

The Ninth Circuit ruled Monday that the Family and Medical Leave Act's statute of limitations barred a former contractor from suing a government agency because it did not "willfully" avoid giving her information about her federal leave rights, joining several circuit courts in applying the Fair Labor Standards Act's willfulness standard to the FMLA.
November 23, 2020
GSA Says Biden Apparent Winner, Starting Formal Transition

The General Services Administration chief on Monday formally recognized Joe Biden as the apparent president-elect, granting his transition team access to financial and property resources to begin taking control of the executive branch.
November 23, 2020
Ukraine Can't Block Enforcement Of $81M Tatneft Award

Ukraine came up short on Monday in its efforts to reverse an enforcement order for $81 million of a $112 million arbitral award issued to the Russian oil company Tatneft after an English judge rejected Kyiv's petition as an abuse of process.
November 23, 2020
HHS Increasing IP License Transparency After GAO Rebuke

The U.S. Government Accountability Office has called on the U.S. Department of Health and Human Services to be more transparent about how its patents get licensed, something HHS has readily agreed to do.
November 23, 2020
Ex-Mine Owner Tells DC Circ. Fraud Charges Time-Barred

The ex-owner of an Afghan marble mining company convicted of fraud and money laundering told the D.C. Circuit on Monday that some of the counts against him were time-barred.
November 23, 2020
Claims Court Denies Bid Protest Over VA IT Contract

A U.S. Court of Federal Claims judge has ruled that a U.S. technology firm was properly excluded from a solicitation by the U.S. Department of Veterans Affairs because its proposal had been fairly rated as "unacceptable."
November 23, 2020
Texas Law Firm, Mexican Supplier Settle $3M Mask Sale Row

A Mexican medical equipment supply company told a Texas federal judge on Monday that it had agreed to settle claims that a San Antonio-based law firm withheld over $3 million from a deal to sell millions of face masks to the state's emergency management agency.
November 20, 2020
Trump Slams Big Pharma In Rollout Of Drug Price Rules

President Donald Trump on Friday announced two finalized policies aimed at fulfilling a campaign promise to cut drug prices, a move he expects will draw legal challenges from Big Pharma.
November 20, 2020
GAO Backs Defense Health Unit's Follow-On R&D Deal

The Defense Health Agency was allowed to award a health care delivery modernization research contract to a small business without competition because it could link the contract to an earlier Navy research deal, the U.S. Government Accountability Office has ruled, turning down a protest from a rival company.
November 20, 2020
Agency Foreign-Labor Reviews To Focus On Big Contractors

Federal agencies will be expected to focus on their biggest service contractors as part of a mandated review of the use of temporary foreign workers within the contractor workforce, according to a White House directive.

Editor's Picks

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

Ethics Reminders As Employees Move To Or From Gov't

Many organizations are making plans for executives to go into government jobs, or for government officials to join a private sector team, but they must understand the many ethics rules that can put a damper on just how valuable the former employee or new hire can be, say Scott Thomas and Jennifer Carrier at Blank Rome.
3 Fed. Circ. IP Cases For Gov't Contractors To Watch

Nathaniel Castellano at Arnold & Porter discusses recent oral arguments at the Federal Circuit in three cases — Boeing v. Secretary of the Air Force, Bitmanagement Software v. U.S. and Harmonia Holdings v. U.S. — and the broad implications the decisions will have on government contractors and agencies dealing in proprietary data and software.
A Key To Helping Clients Make Better Decisions During Crisis

As the pandemic brings a variety of legal stresses for businesses, lawyers must understand the emotional dynamic of a crisis and the particular energy it produces to effectively fulfill their role as advisers, say Meredith Parfet and Aaron Solomon at Ravenyard Group.
Expect Major Changes In Aerospace And Defense Under Biden

President-elect Joe Biden is expected to significantly shift aerospace and defense industry priorities, revoke certain Trump administration government contractor policies, strengthen "Buy American" requirements, and increase use of defense and NASA budgetary authority to combat climate change, say attorneys at Hogan Lovells.
Ethics Considerations For Law Firms Implementing AI

Richard Finkelman and Yihua Astle at Berkeley Research Group discuss the ethical and bias concerns law firms must address when implementing artificial intelligence-powered applications for recruiting, conflict identification and client counseling.
Gov't Contractors Can Promote Diversity Despite Trump Order

While federal contractors are required to comply with the Trump administration’s recent ban on certain racial sensitivity trainings, it’s likely that President-elect Joe Biden will overturn the restrictions after taking office, and there are many ways to advance diversity and inclusion agendas in the meantime, says Allison Powers at Barack Ferrazzano.
Trends In Fiscal 2020 Bid Protests Sustained By GAO: Part 2

Many bid protests sustained by the U.S. Government Accountability Office in fiscal 2020 involved emerging issues, including conflicts of interest, corrective actions, solicitation challenges and eligibility of awardees — concerns that will continue to arise, say Joseph Berger and Thomas Mason at Thompson Hine.
Picking The Right Location And Tools For Virtual Courtrooms

Attorneys should consider the pros and cons of participating in virtual court proceedings from home versus their law firm offices, and whether they have the right audio, video and team communication tools for their particular setup, say attorneys at Arnold & Porter.
Trends In Fiscal 2020 Bid Protests Sustained By GAO: Part 1

A review of bid protest grounds most frequently sustained by the U.S. Government Accountability Office in fiscal 2020 shows the GAO is unlikely to question agency judgment over solicitations, but is willing to reconsider an agency's application of mandatory criteria in evaluations, say Joseph Berger and Thomas Mason at Thompson Hine.
Beware Atty Ethics Rules When Reporting COVID-19 Fraud

Attorneys considering blowing the whistle on False Claims Act violations by recipients of COVID-19 relief may face a number of ethical constraints on their ability to disclose client information and file qui tam actions, say Breon Peace and Jennifer Kennedy Park at Cleary.
Looking For Judicial Activists? Check The Footnotes

U.S. Supreme Court nominees typically face intense questioning over potential judicial activism, but a better way to gauge judges' activist tendencies may be to look at the footnotes in their opinions, say Christopher Collier at Hawkins Parnell and Michael Arndt at Rohan Law.
Best Practices For Legal Technology Adoption

The pandemic has accelerated the need to improve the practice of law through technology, but law firms and in-house legal departments must first ensure they have employee buy-in and well-defined processes for new digital tools, say Dan Broderick at BlackBoiler and Daryl Shetterly at Orrick.
State FCA Considerations For Cos. Seeking COVID-19 Relief

Any business seeking funding from a state or local pandemic relief program should be cognizant of the significant legal exposure it could face under a state false claims act, say attorneys at Patterson Belknap.
The Pandemic's Long-Term Impact On Law Firm Operations

Brian Burlant at Major Lindsey looks at how pandemic-era remote work has changed the way law firms operate — from shifts in secretarial functions to associate professional development — and explains why some alterations may be here to stay.
Opinion

Lack Of Access To Remote Court Proceedings Is Inexcusable

Blanket rules that bar recording or dissemination of remote public court proceedings impede presumptive common law and First Amendment right of access, greatly expand courts' powers over nonparties, and likely run afoul of U.S. Supreme Court precedent, says Matthew Schafer at ViacomCBS.