Government Contracts

  • November 21, 2019

    OIG Says Part Shortage Forcing Navy To Take From Other Jets

    The U.S. Navy is being forced to "cannibalize" some F/A-18 fighter jets to keep other jets in the air due to a lack of available spare parts, a U.S. Department of Defense watchdog said in a report released Thursday.

  • November 21, 2019

    Camera Suppliers Owe Contractors $2M, Judge Suggests

    A federal magistrate recommended hitting two Massachusetts-based companies with a $2 million default judgement Thursday after they didn't respond to claims that they cost two Iraqi government contractors more than $1 million by breaching deals to provide security cameras.

  • November 21, 2019

    Gov't Expands Counterfeit Reporting Rule To All Contractors

    A requirement for defense contractors to report counterfeit electronic parts in their supply chain was expanded to include all U.S. federal contractors and more parts, under a final regulation that the Federal Acquisition Regulatory Council issued Thursday.

  • November 21, 2019

    Drone Maker Strikes $1M Deal To End Trade Violation Claims

    A California-based manufacturer of unmanned aircraft systems will pay the U.S. Department of State $1 million to end allegations that it illegally exported military equipment in violation of international trade law and regulations, the company announced Thursday.

  • November 21, 2019

    FCA Applies To Fed Banks In Wells Fargo Suit, 2nd Circ. Says

    The Second Circuit revived a long-running whistleblower case against Wells Fargo on Thursday after ruling that the False Claims Act can apply to those who defraud the lending programs of Federal Reserve banks.

  • November 21, 2019

    Defense Co. Was Upfront In Saudi Bomb Deal, 1st Circ. Finds

    A defense contractor did not lure a Saudi consultancy into a low-fee contract with the promise of an offset payment after inking an arms deal with the Saudi government, the First Circuit held in an opinion Wednesday that affirmed a lower court ruling.

  • November 21, 2019

    Esformes Told To Pay $44.2M In Massive Health Fraud Case

    A Florida federal judge came in under prosecutors' goal Thursday when he ordered convicted nursing home mogul Philip Esformes to pay $44.2 million in restitution and forfeiture for orchestrating what the U.S. Department of Justice earlier billed as the largest health care fraud case it has ever prosecuted.

  • November 20, 2019

    Air Force Planning IP Rights Changes To Keep Up With Foes

    The U.S. Air Force’s legal chief on Wednesday indicated pending changes to the way it handles intellectual property rights, saying it can “no longer afford” to allow contractors to keep a consistently strong grip on IP amid increasing competition from Russia and China.

  • November 20, 2019

    DOD Deputy Talks Up Progress Made After Second Audit

    New issues discovered during the U.S. Department of Defense's second ever financial audit were a sign that the process was working as intended, helping to move the DOD closer to a "clean" audit result, Deputy Defense Secretary David Norquist said Wednesday.

  • November 20, 2019

    Fund Pays $4M To Settle Mass. Medicare Kickback Probe

    A Florida-based foundation agreed to pay $4 million to settle allegations that it violated the False Claims Act by helping Teva, Biogen and Novartis pay kickbacks to Medicare patients taking the companies' drugs, the Massachusetts U.S. Attorney's Office announced Wednesday.

  • November 20, 2019

    Moog Lands $400M Lockheed Contract For F-35 Fighter Work

    Lockheed Martin awarded motion control product manufacturer Moog a roughly $400 million contract to work on F-35 systems for the next three years, Moog said Wednesday.

  • November 20, 2019

    Feds Say Houston Doc Billed $69M For Unneeded Treatments

    A Houston-area doctor unnecessarily treated his patients for lead poisoning even though they had low levels of the heavy metal in their systems and improperly billed the government, seeking more than $69 million in reimbursements, prosecutors told a federal judge Wednesday.

  • November 20, 2019

    State Dept. Approves $5.27B In Sales To Morocco, India

    The U.S. Department of State has approved a $4.25 billion sale of 36 AH-64E Apache attack helicopters to Morocco and a $1.02 billion sale of up to 13 MK-45 naval guns to India, the Defense Security Cooperation Agency announced Wednesday.

  • November 19, 2019

    DOJ, AseraCare Clash Over Next Steps In FCA Saga

    The U.S. Department of Justice and hospice chain AseraCare have staked out their views over whether the government can reopen discovery in a $200 million False Claims Act suit after an appeals court erased the company's win because of a judge's failure to consider shady terminal illness certifications.

  • November 19, 2019

    US Owes Anthem Units $107M Over ACA Risk Promise: Suit

    The U.S. owes over $107 million to Anthem Blue Cross units in Affordable Care Act exchanges in California, New York and other states after promising to reimburse plans for losses by covering people once deemed too sick for coverage, according to a lawsuit in the Court of Federal Claims.

  • November 19, 2019

    Boustani Denies Bribes, Says He 'Tangoed' With Mozambicans

    Privinvest Group executive Jean Boustani readily acknowledged at his fraud and money laundering trial Tuesday in Brooklyn federal court that he arranged to pay a Mozambican agent and a Credit Suisse banker millions, but declined to call them bribes or kickbacks.

  • November 19, 2019

    PDVSA Contractor Gets 18 Months In Prison For Bribery

    A Venezuelan native who paid bribes to secure lucrative energy contracts with Petroleos de Venezuela SA was sentenced Tuesday to 18 months in prison by a federal judge in Houston and ordered to continue making payments on a $9 million judgment against him.

  • November 19, 2019

    Ex-Executives Ran JFK Airport Bribery Scheme, NY AG Says

    A former British Airways executive and the former chief of an airport ground-services company were indicted on bribery and money laundering charges over an alleged kickbacks-for-contracts scheme at John F. Kennedy International Airport, the New York State Attorney General’s Office said Tuesday.

  • November 19, 2019

    Air Force Stands By Launch Program After Blue Origin Protest

    The U.S. Air Force said Tuesday that it would not change its fundamental approach to its pending space launch services program despite a U.S. Government Accountability Office decision upholding Blue Origin LLC's protest over the underlying solicitation.

  • November 19, 2019

    True Health Ch. 11 Plan Draws Feds' Fire Over CMS Claims

    The Justice Department objected late Monday to True Health Group LLC's Chapter 11 plan, claiming it's missing details about how to handle reimbursing the Centers for Medicare & Medicaid Services if the debtor loses its Chapter 11 suit challenging federal reimbursement holdbacks in a fraudulent billing suit.

  • November 19, 2019

    Steel Co. Settles $1M Dispute Over Chicago Transit Work

    A company that produces fabricated steel has settled its nearly $1 million suit alleging it hadn't been fully paid for its subcontract work on a Chicago Transit Authority station renovation project, according to documents filed in Illinois federal court.

  • November 19, 2019

    Republican FERC Nominee, DOE Head Advance To Full Senate

    A Senate committee voted in favor of the Trump administration's Republican Federal Energy Regulatory Commission nominee on Tuesday, along with several other nominees, despite criticism from Democrat Sen. Joe Manchin that it was "wrong" that a Democrat wasn't nominated simultaneously for FERC.

  • November 18, 2019

    Boustani Testifies Of African 'Gold Rush,' Denies $2B Fraud

    Privinvest Group executive Jean Boustani took the stand in Brooklyn federal court Monday to deny that he defrauded investors in $2 billion worth of loans used to finance state-backed maritime projects in Mozambique, recounting how he and his friends joined Africa’s “gold rush.”

  • November 18, 2019

    Boeing Disputes NASA OIG's Critical Contract Review

    Boeing hit back Monday at a NASA Office of Inspector General report that claims the space agency overpaid the company for pending commercial astronaut transportation missions, saying the watchdog had miscalculated Boeing’s pricing and failed to account for the benefits of its proposal.

  • November 18, 2019

    Court Rejects $100M Cap On NJ Transit's Sandy Coverage

    A New Jersey appeals court on Monday affirmed that a $100 million cap for flood losses doesn’t apply to New Jersey Transit Corp.'s claim for coverage of Superstorm Sandy damage, agreeing with a lower court that the transportation system can pursue up to $400 million from a group of excess insurers.

Expert Analysis

  • Contractors Shouldn't Panic Over Record OFCCP Recoveries

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    A close look at the Office of Federal Contract Compliance Programs’ record recoveries from government contractors in fiscal year 2019 shows the agency’s momentum is unlikely to hold through 2020, when fewer Obama-era audits remain to be resolved, say former OFCCP Director Ondray Harris and Christy Kiely of Hunton.

  • HHS Anti-Kickback Plan Could Boost Patient Engagement

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    The U.S. Department of Health and Human Services' recently proposed safe harbor to the Anti-Kickback Statute represents a welcome relaxation of regulatory barriers, potentially enabling providers to improve patient engagement and deploy technological products aimed at coordinated care, but it may present significant implementation challenges, say attorneys at Moses & Singer.

  • Key Aspects Of DOJ's Gov't Procurement Antitrust Initiative

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    The U.S. Department of Justice’s recently announced interagency strike force targets bid-rigging and other antitrust crimes at every level of government, meaning individuals and companies involved in government procurement or grants should prepare for increased scrutiny and enhanced enforcement, say attorneys at Latham.

  • How To Hire Lateral Partners More Effectively

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    Although lateral partner hiring is the preferred method of inorganic growth among law firms, the traditional approach to vetting does not employ sufficient due diligence by the hiring firm, says Michael Ellenhorn at executive search firm Decipher Competitive Intelligence.

  • Suspension And Debarment: FY 2019 By The Numbers

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    The System for Award Management shows that federal agency suspension and debarment activity is experiencing a multiyear, pronounced decline, with the notable exception of an uptick in exclusions of firms, says David Robbins of Crowell & Moring.

  • State Net

    Wildfire Responses Resonate Beyond California

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    Firefighting practices are often shared between states, so what California does, or doesn't do, to prevent and combat wildfires has impacts beyond its borders. One lesson learned this year is that power shutoffs to prevent fires cause more problems than they solve, says Lou Cannon of State Net Capitol Journal.

  • DOD Clarifies Contractor Cybersecurity Certification Process

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    Amy Conant Hoang and Sarah Burgart at K&L Gates explain last week's important changes to the draft Cybersecurity Maturity Model Certification procedures, a framework developed by the U.S. Department of Defense to measure a contractor’s ability to safeguard information handled in the performance of DOD contracts.

  • Texas Could Take Page From Mass.'s Judicial Selection Book

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    As Texas and other states review their judicial election processes, they would be well served by taking guidance from Massachusetts' Governor’s Council system, which protects the judiciary from the hazards of campaigning, says Richard Baker of New England Intellectual Property.

  • Genetic Testing Gold Rush Gives Rise To Fraud Allegations

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    As Medicare payments for genetic testing rise, recent federal indictments over related fraud schemes suggest that a crackdown is already underway, says Alexander Owens of Pietragallo Gordon.

  • Series

    Judging A Book: McKeown Reviews 'Conversations With RBG'

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    Reading Jeffrey Rosen’s "Conversations With RBG: Ruth Bader Ginsburg on Life, Love, Liberty, and Law" is like eavesdropping on the author and his subject while they discuss how the restrained judicial minimalist became the fiery leader of the opposition, says Ninth Circuit Judge M. Margaret McKeown.

  • Bid Protest Spotlight: Jurisdiction, Standing, GAO Limits

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    In this month's bid protest roundup, Victoria Angle and Roke Iko at Morrison & Foerster look at three October decisions: The U.S. Court of Federal Claims considered its jurisdiction, the Federal Circuit looked at standing, and the U.S. Government Accountability Office clarified its scope of review over AbilityOne procurement protests.

  • Opinion

    Flat-Fee Legal Billing Can Liberate Attorneys

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    Replacing hourly billing with flat-fee arrangements, especially for appellate work, will leave attorneys feeling free to spend as much time as necessary to produce their highest quality work, says Lawrence Ebner of Capital Appellate Advocacy.

  • Spoliation Rule Remains Ambiguous Despite Amendments

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    Although the Federal Rules of Civil Procedure were amended to provide a uniform standard of culpability for spoliation, cases with similar facts are still reaching differing results because the rule does not specify how a court should evaluate a party's intent, say attorneys at Pepper Hamilton.

  • 5 Trends Influencing RFPs For Law Firms

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    Requests for proposals, the standard tool of companies evaluating law firms, are becoming better suited to the legal industry, says Matthew Prinn of RFP Advisory Group.

  • Series

    Why I Became A Lawyer: Being There For Families In Trouble

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    My parents' contentious, drawn-out divorce was one of the worst experiences of my life. But it taught me how to be resilient — and ultimately led me to leave corporate litigation for a career in family law, helping other families during their own difficult times, says Sheryl Seiden of Seiden Family Law.