Government Contracts

  • May 13, 2021

    Raytheon Balks At Hourly Rate In $8.5M ERISA Fee Ask

    Raytheon Co. has urged a Massachusetts federal judge to shrink what it calls a bloated $8.5 million fee request by attorneys who secured a $59 million settlement in a benefits class action, saying Wednesday that amount would equate to a staggering $3,800 hourly rate.

  • May 12, 2021

    Biden Picks For Md. Court Breeze Through Senate Hearing

    President Joe Biden's two nominees for Maryland's federal district court faced little scrutiny at a Senate confirmation hearing Wednesday, although Republicans pressed a former public defender on her work with criminal defendants and her knowledge of constitutional law.

  • May 12, 2021

    9th Circ. Revives Charges Over DOD Contract Fraud Scheme

    The Ninth Circuit on Wednesday revived charges against a former military contracting officer over his alleged role in a bribery scheme, saying a law pausing the expiration of certain claims during wartime did not require fraud claims to be connected to a specific war.

  • May 12, 2021

    NJ Justices Pump Brakes On County Worker's Retaliation Trial

    A split New Jersey Supreme Court ruled Wednesday that a lower court must reevaluate an ex-Cape May County worker's state law whistleblower claim relating to the county's handling of Capehart & Scatchard PA's bid for a public contract, toppling an intermediate appeals court's order that would have sent the case directly to trial.

  • May 12, 2021

    Biden Orders IT Gov't Contractors To Report Data Breaches

    President Joe Biden created a new national review board for major cyberattacks and ordered IT sector government contractors to report data breaches as part of an executive order issued Wednesday after hacks on a major U.S. pipeline company and federal agencies.

  • May 12, 2021

    Tai Clashes With Senators Over COVID-19 Vaccine IP Waiver

    U.S. Trade Representative Katherine Tai defended her office's endorsement of a temporary waiver of intellectual property protections for COVID-19 vaccines Wednesday as skeptical senators expressed their discontent with the decision.

  • May 12, 2021

    Repubs Say Admin. Made False Claims About Border Wall Halt

    Republican lawmakers on Wednesday said the Biden administration has made repeated false claims about the legality and status of its halt in border wall construction, urging the U.S. Government Accountability Office to take those issues into account as it reviews the pause.

  • May 12, 2021

    NLRB Finds Halfway House Unlawfully Fired Union Supporters

    A Michigan halfway house violated federal labor law by terminating and interrogating union supporters, the National Labor Relations Board has ruled, rejecting the company's arguments that it had valid reasons to fire the workers and that its federal contract puts it outside the board's jurisdiction.

  • May 11, 2021

    Scholars, Religious Orgs Back Ore. Tribal Highway Challenge

    Several groups of American Indian and religious liberty law scholars and advocacy groups threw their support behind tribal members who are fighting a completed highway widening project in Oregon, lodging several amicus briefs urging the Ninth Circuit to revive the case, which was tossed earlier this year.

  • May 11, 2021

    Minn. Need Not Indemnify County Officials In Tribal Police Suit

    A Minnesota state appeals court has ruled that the state isn't responsible for indemnifying two Mille Lacs County officials for legal costs to defend a federal suit by the Mille Lacs Band of Ojibwe claiming the officials have illegally interfered with tribal law enforcement.

  • May 11, 2021

    Gov't May Lean On Private Sector To Stop Next Critical Hack

    Convincing private businesses to open up to the government about cybercrime could be key in preventing future hacks of U.S. critical infrastructure, a risk underscored by a ransomware attack that has shuttered one of the nation's largest fuel pipelines.

  • May 11, 2021

    Judge Weighs Effect Of Sanctions In Del. Venezuela Cases

    A Delaware federal judge weighing whether to grant seizure orders for Citgo's parent company to creditors owed hundreds of millions of dollars by Venezuela indicated Tuesday that he is considering whether U.S. sanctions on Caracas preclude him from issuing such an order.

  • May 11, 2021

    Realty Group Wants Redo Of Decision Over ICE Lease

    A Rhode Island realty group has asked the U.S. Court of Federal Claims to reconsider its decision declaring it ineligible for a contract to provide office space for U.S. Immigration and Customs Enforcement, saying that the ruling insulates a flawed contracting process from judicial review.

  • May 11, 2021

    GAO Rejects Verizon Protest Over $306M DHS Deal For AT&T

    The U.S. Government Accountability Office has denied a Verizon unit's protest over a $306.2 million U.S. Department of Homeland Security data services deal awarded to AT&T, saying large disparities in bids didn't mean the companies hadn't competed on a common basis.

  • May 11, 2021

    SBA Judge Revokes Ruling That Vet Lacked Small Biz Control

    A U.S. Small Business Administration's Office of Hearings and Appeals judge has found that a veteran had sufficient control over a real estate firm, reconsidering his earlier decision requiring the U.S. Department of Veterans Affairs to cancel a lease awarded to the company.

  • May 11, 2021

    JPMorgan Whistleblower's Rigging Suit Axed By Mass. Court

    A whistleblower can't use the Massachusetts False Claims Act to accuse JPMorgan Chase Bank NA of rigging bond interest rates because information related to the supposed scheme was already available on a public website, the state's top court ruled Tuesday.

  • May 11, 2021

    3M's Expert Nixed From Earplug MDL Bellwether Case

    A Florida federal judge on Tuesday excluded opinions from one of 3M's expert witnesses in an upcoming bellwether trial over whether its combat arms CAEv2s earplugs were defective and caused damage to a veteran's hearing, saying the expert cannot base his opinion entirely on other experts' findings.

  • May 11, 2021

    COVID IP Waiver Still Has Doubters In Europe, Industry

    U.S. President Joe Biden's backing last week of a temporary waiver of intellectual property protections on COVID-19 vaccines reinforces the support the World Trade Organization proposal has received from more than 100 countries, but European leaders, some U.S. lawmakers and pharmaceutical companies remain wary.

  • May 11, 2021

    Iowa County Board Loses Bid To Block Cell Tower Sites

    A zoning board in Iowa's rural Madison County cannot block a wireless tower builder from developing two cellular sites, a federal judge has ruled after finding that the board failed to explain its reasons for the adverse decision in writing.

  • May 11, 2021

    Contractor Settles DOL Probe Alleging Unequal Pay, Hiring

    A Virginia-based oil and gas contractor has inked a $200,000 deal with the U.S. Department of Labor's federal contractor watchdog after the agency alleged it was underpaying female engineers and underrecruiting women and minority candidates for certain posts.

  • May 10, 2021

    FBI Outs Ransomware Cartel Behind Colonial Pipeline Hack

    The FBI on Monday pinned a ransomware attack that closed one of the country's largest pipelines on a criminal hacking group that has operated in Russia, while White House officials mulled how to boost cybersecurity at privately held critical infrastructure companies.

  • May 10, 2021

    UMiami Pays $22M To Settle Medicare Overbilling FCA Suit

    The University of Miami will pay $22 million to settle whistleblower False Claims Act allegations that it overcharged Medicare for doctors' services and for medically unnecessary laboratory tests, the U.S. Department of Justice announced Monday.

  • May 10, 2021

    Hawaii Co. Insists $200M FCC Case Should Stay In Fed. Circ.

    A bankrupt Hawaiian telecommunication company has argued that the Federal Circuit wrongly upheld a trial court's dismissal of its lawsuit seeking to recoup $200 million in funding pulled by the Federal Communications Commission, saying the full circuit court bench must rethink the ruling.

  • May 10, 2021

    Soros Says Steinmetz Must Appear For $10B Mining Suit

    Billionaire investor George Soros urged a New York federal judge to force Israeli billionaire Beny Steinmetz to appear in court for a deposition related to a $10 billion lawsuit over a contract to mine valuable iron ore deposits in Guinea.

  • May 10, 2021

    Lockheed Martin Beats Army Contractor's Sex Bias Suit

    A U.S. Army contract worker who accused Lockheed Martin Corp. of refusing to hire her after taking over a contract doesn't have enough evidence to keep her gender discrimination case in court, a Texas federal judge ruled.

Expert Analysis

  • COVID IP Waiver Doesn't Resolve Vaccine Production Barriers

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    Given the lack of know-how and other legal and technical hurdles associated with producing COVID-19 vaccines in developing countries, and the potential harm to U.S. industry, the Biden administration's backing a temporary waiver on intellectual property protections may be merely a gesture of goodwill, says William Bergmann at BakerHostetler.

  • Judge's Rebuke Of Mass. AG Has Lessons For All Attorneys

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    A Massachusetts federal judge’s recent rebuke of the state Attorney General’s Office for refusing to respond to discovery requests in Alliance for Automotive Innovation v. Healey highlights six important considerations for attorneys who want to avoid the dreaded benchslap, say Alison Eggers and Dallin Wilson at Seyfarth.  

  • Bracing For The Next Wave Of Health Care Enforcement

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    Health companies should take proactive steps against a coming wave of federal enforcement, in light of massive new health funding, agencies' desire to protect COVID-19 relief funds, increased use of data analytics and a likely rise in qui tam suits, say attorneys at Foley & Lardner.

  • Opinion

    Federal Minimum Wage Should Be Indexed For Local Markets

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    The Biden administration should implement an indexed minimum wage based on the average wages in each local labor market instead of mandating a $15 federal minimum wage in all metro areas, which could grossly distort service sector compensation and discourage bidding on federal contracts, says Stephen Bronars at Edgeworth Economics.

  • Font Considerations To Give Your Legal Briefs An Edge

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    Following the D.C. Circuit’s recent notice discouraging use of the font Garamond in legal briefs, Jason Steed at Kilpatrick looks at typeface requirements and preferences in appellate courts across the country, and how practitioners can score a few extra brief-writing points with typography.

  • How Biden's First 100 Days Will Affect Gov't Contractors

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    Joseph Berger and Thomas Mason at Thompson Hine examine the significant opportunities for government contractors arising from actions during the first 100 days of the Biden administration, which set the stage for unprecedented investment in national infrastructure, domestic manufacturing, research and development, clean energy, pandemic response and economic recovery.

  • Make Profitability Management Part Of Your Law Firm Culture

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    As the legal industry continues to change in the post-pandemic world, law firms should adapt to client demands by constantly measuring and managing the profitability of their services, says Joseph Altonji at LawVision.

  • How $15 Minimum Wage Order May Affect Gov't Contractors

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    Attorneys at Arnold & Porter examine the potential impacts of President Joe Biden’s minimum wage increase for federal government contractors and discuss whether contractors will be able to recover additional labor costs associated with the increase.

  • Bid Protest Spotlight: Scope, Evaluation Criterion, Privity

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    In this month's bid protest roundup, Sandeep Nandivada and Markus Speidel at MoFo look at April U.S. Government Accountability Office and U.S. Court of Federal Claims decisions concerning proposed labor categories outside the scope of vendor schedule contracts, use of unstated evaluation criterion, and whether co-prime contractor privity supports standing to protest.

  • 4 Trends In Discoverability Of Litigation Funding Documents

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    Recent rulings shed light on how courts and international arbitration tribunals decide if litigation funding materials are discoverable and reaffirm best practices that attorneys should follow when communicating with funders, say Justin Maleson at Longford Capital and Michele Slachetka and Christian Plummer at Jenner & Block.

  • 7 Lessons For Young Lawyers Starting Their Careers

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    This year's law graduates and other young attorneys must recognize that the practice of law tests and rewards different skills and characteristics than law school, and that what makes a lawyer valuable changes over time, says Vernon Winters, retired partner at Sidley.

  • Key OFCCP Compliance Considerations Under Biden Admin.

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    With the Office of Federal Contract Compliance Programs expected to fulfill several affirmative action initiatives under the Biden administration, federal contractors should prepare for a new verification interface, review demographic statistics and conduct annual pay equity evaluations, say Joanna Colosimo and David Cohen at DCI Consulting.

  • The Pandemic's Bright Spots For Lawyers Who Are Parents

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    The COVID-19 crisis has allowed lawyers to hone remote advocacy strategies and effectively represent clients with minimal travel — abilities that have benefited working parents and should be utilized long after the pandemic is over, says Chelsea Loughran at Wolf Greenfield.

  • Opinion

    Revise Mansfield Diversity Mandates To Also Benefit Veterans

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    The well-intentioned efforts and salutary purposes of the legal industry's Mansfield Rule diversity metric are tainted by the Diversity Lab initiative's omission of veterans, who are underrepresented at large law firms and entitled to advantageous treatment based on more than 200 years of public policy, says Robert Redmond at McGuireWoods.

  • Opinion

    OFAC Should Issue SDN Payment Licenses that Don't Expire

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    To mitigate unintended financial harm to U.S. companies that have lawful preexisting contracts with newly named specially designated nationals, the Office of Foreign Assets Control should permanently authorize wind-down payments from sanctioned parties, says Alexandre Lamy at Baker McKenzie.

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