Government Contracts

  • October 15, 2021

    Attys Hope For Clarity With Justices' Interest In Fraud Claims

    Whistleblowers and contractors have struggled for more than a decade with inconsistent standards across the country for bringing forward fraud allegations, but the U.S. Supreme Court's recent interest in a case that appears to overcome deficiencies in previous petitions could bring clarity.

  • October 15, 2021

    Claims Court Wants Analysis Of Marine Corps' Small-Biz Deal

    A Court of Federal Claims judge has directed the U.S. Small Business Administration to analyze whether a disputed sole-source Marine Corps small-business contract would have an adverse effect on other smaller companies, saying it had wrongly failed to do so earlier.

  • October 15, 2021

    DOJ Wants AECOM Worker Deposed On Time For Katrina Suit

    The U.S. Department of Justice urged a Louisiana federal court in a letter Friday to greenlight the scheduled deposition of a former AECOM project officer accused of falsifying reports to defraud FEMA's Hurricane Katrina relief fund, despite opposition from the company.

  • October 15, 2021

    Police Union Sues Over Allegheny County Vaccine Mandate

    Allegheny County's police union claimed the government can't threaten to fire officers who don't get a COVID-19 vaccine, and asked a Pennsylvania court to bar the county's employee vaccine mandate permanently.

  • October 15, 2021

    Biden Officials Say Tracking Is Key To Enviro Justice Efforts

    The Biden administration is working on ways to keep track of its progress on environmental justice objectives, including through a scorecard for the various arms of the federal government, senior officials said Friday.

  • October 15, 2021

    Claims Court Finds No Bias In Navy Rejecting R&D Proposal

    A Court of Federal Claims judge has rejected a technology company's protest over its exclusion from a Navy small business research and development deal, saying the company hadn't shown Navy evaluators were biased against the firm or acted unreasonably.

  • October 15, 2021

    ND Tribe Members Suing Over Oil Spill May Seek Only $1

    A North Dakota federal judge axed the majority of a Mandan, Hidatsa and Arikara Nation family's lawsuit accusing companies of spilling oil on their land and attempting to remediate it without permission, ruling that because the landowners flouted discovery procedures, they could seek only one dollar in damages.

  • October 15, 2021

    GAO Finds ICE Gave Co. A Leg Up In $5M Training Deal

    A federal watchdog ordered U.S. Immigration and Customs Enforcement to reevaluate proposals for a $4.9 million leadership training contract, finding that the agency gave one company insight on how to improve its proposal but not the other contenders.

  • October 15, 2021

    DOJ Unveils 3 Settlements, $20M Neuro-Stimulator Fraud Suit

    The U.S. Attorney's Office for the Eastern District of Pennsylvania has announced three False Claims Act settlements worth a combined $1.35 million and a new complaint against a Kansas chiropractor and his company as part of a national investigation into schemes to improperly bill the U.S. government for electro-acupuncture devices.

  • October 15, 2021

    FDA Panel Backs J&J COVID Booster For Ages 18 And Up

    A U.S. Food and Drug Administration advisory panel recommended Friday for the agency to approve emergency use of booster shots for Johnson & Johnson's COVID-19 vaccine for adults 18 years and older.

  • October 14, 2021

    Minn. Office On Missing, Murdered Natives Part Of Wider Push

    The Minnesota Legislature's approval of an Office of Missing and Murdered Indigenous Relatives is part of a push to have more Native-specific offices at different levels of government, including an effort by federal lawmakers and tribal leaders to create an Office of Tribal Affairs within the U.S. Treasury Department.

  • October 14, 2021

    EPA Unveils Plan To Address Native Water Challenges

    The U.S. Environmental Protection Agency unveiled an action plan Thursday aimed at bolstering its partnerships with tribes to tackle critical water issues and provide vital water protections on native lands.

  • October 14, 2021

    4 Accused Of Sweeping $7.6M COVID Fraud Scheme

    Four people were accused Thursday of bilking $7.6 million in federal coronavirus aid by collecting personal information from more than 1,000 people and using it to submit a flurry of bogus benefits applications in exchange for kickbacks.

  • October 14, 2021

    Biden's 24/7 Plan To Unsnarl Supply Chain Not A Panacea

    The collective pledge by ports, railways and many private companies in the United States to operate 24/7 may remedy supply chain bottlenecks through the holidays, but experts warn that the agreement between the White House, labor unions and business isn't a panacea for worker shortages and logistical hurdles.

  • October 14, 2021

    Lawmakers Say Moderna Deal May Let Gov't Share Vax Recipe

    A collection of federal lawmakers wrote to President Joe Biden's COVID-19 officials, saying Moderna's vaccine contract with the U.S. might let the government share the recipe with others in an attempt to increase access to vaccines across the world.

  • October 14, 2021

    Prof Says Navy Employment Can't Excuse Harassment

    A national defense expert suing Navy personnel for harassment and retaliation in Maryland federal court pushed back against their attempt to dodge her suit by claiming immunity as federal employees, saying the allegations are outside the scope of their employment.

  • October 14, 2021

    FAR Council Ponders Rule To Mitigate Contract Climate Effect

    The Federal Acquisition Regulatory Council on Thursday said it may propose a rule aimed at minimizing the climate impact of major federal procurements, aimed especially at reducing greenhouse gas emissions by contractors. 

  • October 14, 2021

    Watchdog Backs Tenn. Co.'s $259M Army Support Deal

    A federal watchdog backed a Tennessee contractor's $259 million deal to provide the U.S. Army logistical support services, rejecting two rival bidders' claims that their proposals were unreasonably evaluated.

  • October 14, 2021

    LA City Councilman, Ex-USC Dean Face Corruption Charges

    Longtime Los Angeles politician Mark Ridley-Thomas and a former University of Southern California dean were indicted Wednesday over allegations that they orchestrated a bribery scheme to provide a relative of the politician's with a university job in exchange for his support on lucrative social work contracts for the school.

  • October 14, 2021

    Army Delays $22B Microsoft Headset Program

    The U.S. Army has pushed back the deployment of augmented reality headsets for soldiers developed under a high-profile, up-to-$21.9 billion deal with Microsoft Corp., it confirmed Thursday.

  • October 14, 2021

    $112M Toll Road Award Suit Must Go On, Odebrecht Unit Says

    An infrastructure company owned by the Brazilian conglomerate Odebrecht says that a year of administrative delays pushed by the government of Lima, Peru, has denied it access to an arbitration award that has ballooned to more than $112 million and that enough is enough.

  • October 14, 2021

    Ex-Olympic Skater May Get Bail In Virus Loan Fraud Case

    A New York federal judge said Thursday he'd grant bail for a Slovenian former Olympic figure skater charged with defrauding the federal COVID-19 economic relief program if the former coach guaranteeing the release package acknowledges the risks of backing someone from a country with no extradition.

  • October 13, 2021

    Watchdogs Want Trump Org Blocked From Federal Contracts

    A pair of watchdog groups and a law professor have urged federal agencies to suspend the Trump Organization from contracting, saying recent indictments, settlements and a critical congressional report show the company is not fit to work with the government.

  • October 13, 2021

    Muscogee Nation Accuses Okla. Of Hyperbole In High Court

    The Muscogee (Creek) Nation has told the U.S. Supreme Court that Oklahoma uses "hyperbole and unsubstantiated numbers" to characterize law enforcement in the state following the U.S. Supreme Court's McGirt decision and slammed it for telling "the basest of anecdotes to portray chaos."

  • October 13, 2021

    Calif. Jury Hits NJ Waterworks Co. With $8M FCA Verdict

    A California federal jury has hit a New Jersey-based waterworks and fire protection company with an $8 million verdict in a whistleblower's False Claims Act suit alleging the company evaded a triple-digit tariff on Chinese-made pipe fittings.

Expert Analysis

  • How Canceling The Border Wall Affects Gov't Contractors

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    President Joe Biden's cancellation of the border wall project has left some federal contractors in the lurch, but including protective flow-down termination clauses in their contracts can guard against subcontractor liability and ensure recovery, says Adrien Pickard at Shapiro Lifschitz.

  • New Contractor Insights On 'Other Transaction' Bid Protests

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    Based on recent case law, including the U.S. Court of Federal Claims’ recent ruling in Kinemetrics v. U.S., contractors interested in protesting so-called other transaction agreements should focus not on whether to file but on which federal court is appropriate for doing so, say Locke Bell and Krista Nunez at MoFo.

  • 4 Antitrust Risk Areas To Watch For Government Contractors

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    To plan for the increased likelihood of detection and stiff penalties for antitrust violations following the anticipated passage of the Infrastructure Investment and Jobs Act, compliance efforts should focus on joint bidding, dual distribution, legal certifications, and hiring and compensation, say Andre Geverola and Lori Taubman at Arnold & Porter.

  • Girardi Scandal Provides Important Ethics Lessons

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    The litigation and media maelstrom following allegations that famed plaintiffs attorney Thomas Girardi and his law firm misappropriated clients' funds provides myriad ethics and professional responsibility lessons for practitioners, especially with regard to misconduct reporting and liability insurance, says Elizabeth Tuttle Newman at Frankfurt Kurnit.

  • Takeaways From DC Circ. Medicare Overpayment Ruling

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    The D.C. Circuit's recent decision in UnitedHealth v. Becerra, reinstating a rule that requires Medicare Advantage organizations to refund certain overpayments, is a near-complete victory for the Centers for Medicare & Medicaid Services, but arguably abandons the rule's negligence standard, say attorneys at Ropes & Gray.

  • Series

    Embracing ESG: Jabil GC Talks Compliance Preparation

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    Tried-and-true compliance lessons from recent decades can be applied to companies’ environmental, social and governance efforts, especially with regard to employee training and consistent application of policies — two factors that can create a foundation for ESG criteria to flourish, says Robert Katz at Jabil.

  • 3 Ways CLOs Can Drive ESG Efforts

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    Chief legal officers are specially trained to see the legal industry's flaws, and they can leverage that perspective to push their companies toward effective environmental, social and governance engagement, says Mark Chandler at Stanford Law School.

  • Qui Tam Order Shows Concern Over FCA Plaintiffs' Leverage

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    In Jehl v. GGNSC Southaven, a Mississippi federal court's recent decision to sidestep the question of False Claims Act liability in a health care fraud case questions the fairness and appropriateness of the significant leverage provided to plaintiffs in FCA qui tam actions, say Jack Selden and Kya Henley at Bradley Arant.

  • How Law Firms Can Rethink Offices In A Post-Pandemic World

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    Based on their own firm's experiences, Kami Quinn and Adam Farra at Gilbert discuss strategies and unique legal industry considerations for law firms planning hybrid models of remote and in-office work in a post-COVID marketplace.

  • Bid Protest Spotlight: Standing, Line Items, Source Selection

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    In this month's bid protest roundup, Alissandra Young and Michaela Thornton at MoFo look at three decisions from the U.S. Court of Federal Claims and the U.S. Government Accountability Office, each involving a U.S. Department of Veterans Affairs solicitation and each with its own important reminder for disappointed bidders.

  • Series

    Embracing ESG: Baker Hughes CLO Talks Sustainability Team

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    For businesses focused on addressing environmental, social and governance considerations, a legal team that can coordinate sustainability efforts across the company can help to manage risk and compliance issues, anticipate and prepare for change, and identify new opportunities, says Regina Jones at Baker Hughes.

  • What Mainstreaming Of Litigation Finance Means For Industry

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    The rush of new capital and investors into the litigation funding space is expected to bring heightened competition on price and other key deal terms, but litigants will need to be more in tune with individual financiers' proclivities, says William Weisman at Therium Capital Management.

  • Boeing Case Highlights Risk For Health, Life Sciences Boards

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    The Delaware Chancery Court's recent decision to allow a derivative action against Boeing's board of directors is especially relevant to health and life sciences company directors, who should ensure that they have the right structure, processes and people to oversee mission-critical risks, say Paul Kalb and Holly Gregory at Sidley.

  • What 9th Circ. Privilege Test Means For Dual-Purpose Advice

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    While the Ninth Circuit's recent ruling in In re: Grand Jury confirms that courts should use the primary-purpose test to determine whether communications with both legal and business purposes are shielded by the attorney-client privilege, questions on the application of the test remain, says Scott Tenley at Michelman & Robinson.

  • Opinion

    The DOJ Should Ramp Up FCA Focus In PPP Enforcement

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    The U.S. Department of Justice should utilize qui tam actions more in its Paycheck Projection Program enforcement efforts, both to maintain credibility with whistleblowers and to leverage the False Claims Act's lower burden of proof, which makes settlements easier to reach than criminal convictions, say R. Scott Oswald and Lydia Pappas at the Employment Law Group.

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