Government Contracts

  • July 30, 2021

    Gov't Contracts Of The Month: Vaccines, Spacecraft, Crypto

    July saw a number of notable contracts including a new $1.3 billion order for COVID-19 vaccines, a $178 million deal with SpaceX to launch a spacecraft to Jupiter’s icy moon Europa, and a $6 million contract for managing seized and forfeited digital assets. These are Law360’s top government contracts from July.

  • July 30, 2021

    Judge Refuses To Delay 3M Bellwether After Plaintiff Switch

    A Florida federal judge has refused to delay an upcoming bellwether trial in sprawling multidistrict litigation over allegedly faulty combat earplugs, saying 3M should be ready to face a new plaintiff after another dropped his case.

  • July 30, 2021

    Feds Join Medicare Advantage FCA Suits Against Health Giant

    The federal government said on Friday that it has officially joined in on a half-dozen lawsuits claiming various Kaiser Permanente entities defrauded Medicare Advantage by exaggerating patient illnesses.

  • July 30, 2021

    5th Circ. Told To Affirm Ax Of $36M Failed Contract Bid Suit

    A Texas engineering and construction company has asked the Fifth Circuit to uphold a district court's dismissal of breach of contract and fraud claims launched by a Bolivian company seeking about $36 million for a failed joint venture, saying the claims are based on a void agreement.

  • July 30, 2021

    Texas Pharmacist's FCA Suit Against Walgreens Thrown Out

    A Texas federal judge has dismissed a pharmacist's False Claims Act suit against Walgreens alleging the company submitted claims to Medicaid and Medicare for medications that were never prescribed, holding she failed to show the actions were fraud "rather than innocent mistake, negligence or regulatory violation."

  • July 30, 2021

    GAO Rejects Protests Over $2.9B SpaceX Lunar Lander Deal

    The U.S. Government Accountability Office has denied protests by Blue Origin and Dynetics over a $2.94 billion NASA lunar lander contract awarded to SpaceX, saying the agency was not required to make more than one contract award.

  • July 30, 2021

    5th Circ. Judge Assails Disparate Impact In Race Bias Case

    A Trump-appointed Fifth Circuit judge took aim at the idea that "neutral policies" with a disproportionate negative impact on minorities violate federal discrimination law, likening the notion to critical race theory and arguing both can engender racial bias.

  • July 30, 2021

    Judge Says Iraq Can't Ditch $53M Mineral Contract Fight

    A Jordanian company's efforts to enforce a $53 million foreign judgment against the Iraqi government over a mineral contract should proceed, a D.C. federal magistrate judge said, finding the country hasn't disproved claims it waived its sovereign immunity. 

  • July 29, 2021

    Top 5 Gov't Contracts Cases To Watch: Midyear Report

    The second half of 2021 could see courts weigh in on significant issues for government contractors, such as when they have waived their right to protest, as well as a wave of litigation related to COVID-19 relief funding. Here are five cases that government contractors should watch closely during the remainder of the year.

  • July 29, 2021

    Biden Says Federal Workers Must Get Vaccinated Or Mask Up

    President Joe Biden on Thursday unveiled additional measures to encourage more Americans to get vaccinated, including directing millions of federal employees to get fully vaccinated against COVID-19 or wear a mask on the job and comply with regular testing.

  • July 29, 2021

    Regeneron Investor Sues Execs, Alleging Kickback Scheme

    Regeneron leadership was hit with a derivative shareholder suit over claims the company's former and current executives and board members reaped over $650 million in sales of stock whose value was inflated by a purported kickback scheme tied to a vision-loss drug. 

  • July 29, 2021

    GE Opposes Energy Co.'s Fast-Track Appeal Bid In $1.1B Case

    GE has asked the Second Circuit not to expedite an Angolan energy company's appeal of a lower court order dismissing a $1.1 billion contract forgery suit on the grounds that the case should go to an Angolan forum, arguing that its challenge doesn't merit such special treatment.

  • July 29, 2021

    FCC Sees Slight Uptick For Staffing In House Budget Bill

    The U.S. House of Representatives on Thursday approved a funding bill that would provide the Federal Communications Commission with a modest 3.7% boost, allowing the agency to increase some enforcement activities and hire more full-time personnel.

  • July 29, 2021

    Skanska Must Face Joint Venture Partner's Fiduciary Claims

    The leader of a joint venture constructing a $2.3 billion highway project in Florida can't escape claims it breached its fiduciary duty to its partner in part because it failed to offer evidence to back up its arguments, a Florida federal judge found Thursday.

  • July 29, 2021

    2nd Circ. Revives NY Medicaid Long-Term Care Plan Fight

    The Second Circuit on Thursday partially revived a proposed class action claiming Medicaid beneficiaries are wrongly barred from appealing how much time long-term care plans initially say they can get for in-home care, finding the lower court needs to take another look at the case's due process claims.

  • July 28, 2021

    Top 6 Gov't Contracts Policies To Watch: Midyear Report

    The U.S. Department of Defense is expected to finalize a major overhaul to cybersecurity requirements for contractors in the second half of 2021, while contractors keep a close eye on proposed False Claims Act changes. Here are six government enforcement priorities and pending policy moves that federal contractors should watch during the rest of the year.

  • July 28, 2021

    Senate Votes To Debate $1.2T Bipartisan Infrastructure Bill

    The U.S. Senate voted Wednesday to move forward with debate on an estimated $1.2 trillion infrastructure proposal after a bipartisan group of senators reached a deal earlier in the day on major outstanding issues in a scramble to finalize legislation comprising key parts of President Joe Biden's economic agenda.

  • July 28, 2021

    Texas Migrant Youth Shelter Faces More Mistreatment Claims

    Two more whistleblowers came forward on Wednesday accusing a Texas shelter of holding migrant children in abusive and inhumane conditions amid organizational chaos in a complaint lodged with Congress and a government watchdog.

  • July 28, 2021

    DHS Approves Border Wall Remediation Projects

    U.S. Secretary of Homeland Security Alejandro Mayorkas approved a group of projects to restore power, address safety risks and otherwise mitigate the environmental damage related to the Trump administration's U.S.-Mexico border wall.

  • July 28, 2021

    US Marshals Tap Crypto Bank To Handle Seized Digital Assets

    Anchorage Digital, the first cryptocurrency bank to receive federal charter approval, has been awarded a contract to manage seized and forfeited digital assets for the U.S. Marshals Service, the company said Wednesday.

  • July 28, 2021

    White House Unveils New Proposed Buy American Rule

    The Biden administration issued its new proposed Buy American rule Wednesday, with plans to raise domestic content requirements for federal purchases and to provide price preferences for certain products deemed critical within the domestic supply chain.

  • July 28, 2021

    Judge O'Malley To Retire, Giving Biden 2nd Fed. Circ. Seat

    Federal Circuit Judge Kathleen O'Malley will be retiring in March, according to a federal judiciary posting, giving President Joe Biden a chance to name a second judge to the appeals court.

  • July 27, 2021

    FCA Overhaul Bill May Miss Mark On Reining In Fraudsters

    A proposed Senate bill aimed at strengthening the government's enforcement actions under the False Claims Act could have the opposite effect with conflicting and potentially unconstitutional language that may elevate a defendant's position.

  • July 27, 2021

    HMRC Sued For Handing Telecom Contract To Amazon

    HM Revenue & Customs violated European Union and basic procurement law when awarding contracts for telecommunication services to Amazon and a second provider, a British tech company told a London court.

  • July 27, 2021

    DOJ, FBI Officials Push For Ransomware Reporting Law

    Top cybersecurity officials at the U.S. Department of Justice and FBI on Tuesday urged Congress to pass a bill ordering ransomware victims to report attacks to authorities, amid a cybercrime spree that has hit hospitals, schools and a critical U.S. fuel pipeline.

Expert Analysis

  • Opinion

    DC Court Is Wrong On Jan. 6 Grand Jury Evidence Sharing

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    The D.C. federal court erred recently when it denied the government's request to share grand jury materials from U.S. Capitol riot cases with a private contractor hired to organize the voluminous evidence, turning the practical grand jury secrecy doctrine into a straitjacket, says Steven Gordon at Holland & Knight.

  • Tide Is Turning Against FCA Case Dismissals

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    The U.S. Supreme Court’s recent decision not to resolve a circuit split over the proper standard for deciding government motions to dismiss whistleblower suits is a Pyrrhic victory for potential defendants, given bipartisan pressure in the Senate and from the White House to reign in such dismissals, say attorneys at McGuireWoods.

  • Law Firms, Know Who's Responsible For Your Cloud Security

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    Lawyers generally know that files go into the cloud and that the files are then secured and protected, but it's necessary for firms to take a closer look at their cloud supply chain and then come up with a responsibility matrix that helps mitigate any potential risks or weaknesses, says Martin Ward at iManage.

  • Ensuring OFCCP Compliance In Affirmative Action Plans

    Excerpt from Practical Guidance
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    Polsinelli’s Tony Torain lays out the requirements and practical considerations that certain government contractors and subcontractors must abide by in preparing and maintaining affirmative action plans that comply with the Office of Federal Contract Compliance Programs’ mandates.

  • Benefits For Law Firms Venturing Into New Services

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    By offering more services, law firms can deepen and strengthen their client relationships and truly become an extension of their clients' teams while generating new revenue streams, and while there are risks associated with expanding into consulting, they may be worth it, says Lou Ramos at Major Lindsey.

  • How Anti-Corruption Push Affects US Cos. Operating Abroad

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    A recent Biden administration memo, and an anticipated increase in enforcement related to transnational fraud, money laundering and corruption, means that U.S. companies and financial institutions with operations abroad should take concrete steps to stave off U.S. Department of Justice scrutiny, says Andrey Spektor at Bryan Cave.

  • Series

    Embracing ESG: Exelon GC Talks Diversity Initiatives

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    Executing a commitment to diversity, equity and inclusion programming, through recruitment, inclusive legal pipelines and community empowerment via pro bono efforts, can ensure a strong environmental, social and governance proposition, says Gayle Littleton at Exelon.

  • Rebuttal

    FCA Relator Pursuit Of DOJ's Declined Cases Is Vital

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    While a recent Law360 guest article suggests that the U.S. Department of Justice consider dismissing all False Claims Act cases it declines, that policy would undermine the FCA's broad remedial purpose of empowering private citizens to combat fraud against the government, say Jacklyn DeMar at Taxpayers Against Fraud Education Fund and Renée Brooker at Tycko & Zavareei.

  • Revamping Law Firm Marketing Lists — With Partner Buy-In

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    Jackson Lewis’ Paige Bowser shares lessons from the firm's recent overhaul of an outdated email marketing database, including tips for getting partners on board, ensuring compliance with privacy laws and augmenting outreach strategies.

  • First 2021 Corporate FCPA Case Offers Compliance Reminders

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    Foster Wheeler's recent Foreign Corrupt Practices Act settlement — the first corporate enforcement action since President Joe Biden took office — highlights the FCPA risks related to public contracting and tenders, the use of third-party agents, successor liability following M&A activity, and the U.S. authorities' aggressive assertion of jurisdiction in international corruption cases, says Robert Johnston Jr. at Lowenstein Sandler.

  • Gov't Contractor Input Vital After Biden Cybersecurity Order

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    The Office of Management and Budget's upcoming recommendations for improving U.S. cybersecurity defenses, following President Joe Biden's recent executive order, could create burdensome obligations for government contractors, so it's important for the government to actively engage with the industry during the rulemaking process, say executives at Leidos.

  • The Murky World Of Legal Rankings Gets Some Clarity In NJ

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    New Jersey's new, stringent approach to legal rankings will make accolade advertising more transparent, benefiting both attorneys and clients and offering legal marketers a new set of best practices amid evolving standards, say Penny Paul at Lowenstein Sandler and Susan Peters at Greybridge.

  • Subcontractor Affiliation Pitfalls For SBA Graduates To Avoid

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    A recent U.S. Small Business Administration size appeal decision highlights compliance traps for unwary SBA graduates that continue to perform set-aside work as subcontractors to SBA program participants, and shows that competitors may try to use the ostensible subcontractor rule against graduates and their partners, say Jonathan Shaffer and Daniel Ramish at Smith Pachter.

  • Series

    Embracing ESG: Cigna Counsel Talks Employee Wellness

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    Building employee well-being into corporate environmental, social and governance priorities required our legal team to focus more closely on cross-functional collaboration within the company and increased communication with our board of directors and shareholders, says Julia Brncic at Cigna.

  • Hybrid Work Models Are Key To Gender Parity In Law Firms

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    To curb the historically high rates of attrition among female lawyers, Roberta Liebenberg at Fine Kaplan and Stephanie Scharf at Scharf Banks suggest firms must normalize hybrid work schedules, and they recommend best practices to promote engagement among all attorneys, regardless of where they work.

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