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Government Contracts
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April 10, 2024
Ropes & Gray Adds DOJ Senior Litigator To DC Team
Ropes & Gray LLP has hired a U.S. Department of Justice litigator who spent the past decade with the agency working on False Claims Act matters and other related disputes, the firm announced Tuesday.
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April 09, 2024
US, UK And Australia Eye Japan For 'Advanced Capabilities'
Japan may join Australia, the U.K. and the U.S. in the trio's efforts to develop advanced military capabilities and technology sharing in areas including artificial intelligence and quantum technologies, the three AUKUS security partners announced.
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April 09, 2024
Contractor Says Feds Are Blocking Border Wall Settlement Payout
A construction contractor wants to intervene in litigation over the Biden administration's diversion of border wall funds, saying the federal government has invoked a recent injunction in the case to stymie the company's attempt to recoup lost construction costs.
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April 09, 2024
Contractor Says Corruption Claims In $47M Army Fight Are False
An Afghanistan-based fuel supplier seeking $47.2 million after the U.S. Army terminated two contracts has urged the Court of Federal Claims to reject government allegations that the company was involved in a corruption scheme, saying those arguments were inaccurate and irrelevant.
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April 09, 2024
Feds Cancel Disputed Sole-Source Health Deal, Call Suit Moot
The federal government is pressing the U.S. Court of Federal Claims to dismiss a contractor's complaint to a sole-source medical support contract, arguing the suit was moot after the U.S. Army voluntarily canceled the deal.
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April 09, 2024
White House, Senate Dems Want $1.3B To Fight COVID Fraud
The White House has been working with Senate Democrats on a $1.3 billion plan to expand the federal government's toolkit for going after pandemic fraudsters who took advantage of the influx of aid made available to different facets of the public during the COVID-19 pandemic.
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April 09, 2024
Ex-LA Deputy Mayor Says Jury's Chats Warrant Mistrial
Former Los Angeles deputy mayor Raymond Chan is calling for a mistrial following his bribery conviction, telling a federal judge the jury foreperson and two other panel members discussed the case outside the jury room, reaching a premature verdict that likely swayed other jurors.
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April 09, 2024
Man Accused Of Vet Contractor Scheme Found In Contempt
A defendant in a long-running False Claims Act suit was found in contempt but dodged penalties in D.C. federal court on Tuesday as a trial over an alleged scheme to falsely procure government construction contracts meant for disabled veterans is set to begin next month.
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April 09, 2024
GAO Says Late Bid Blocks Protest Over VA Wellness Deal
The U.S. Government Accountability Office has tossed a dispute over a U.S. Department of Veterans Affairs contract for health and wellness classes, saying a late bid barred the protest even though the VA agreed to consider the protester's proposal.
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April 08, 2024
W.Va. Blocks Citi, HSBC, Others Over Fossil Fuel 'Boycotts'
West Virginia's state treasurer announced Monday that Citigroup Inc., HSBC Holdings PLC, TD Bank NA and The Northern Trust Co. are ineligible for state banking contracts, finding they boycott fossil fuel companies under a Mountain State law, while two other banks escaped such a designation.
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April 08, 2024
7th Circ. Won't Demolish Obama Center Approval
Federal agencies properly reviewed the environmental impacts of building the Obama Presidential Center in Chicago's Jackson Park, the Seventh Circuit ruled Monday, once again rejecting opponents' attempts to stop construction of the campus set to open in 2026.
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April 08, 2024
Miss. Residents Defend Jackson Water Contamination Claims
A group of Jackson, Mississippi, residents are asking a federal judge to preserve their second amended proposed class action against the mostly Black city over a water treatment plant shutdown that left more than 150,000 people without access to clean water.
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April 08, 2024
Canada's High Court Enforces Award In Greek Defense Suit
The Supreme Court of Canada has affirmed the enforcement of an arbitral award in a dispute over a contract between aircraft manufacturer Bombardier Inc. and Greece's Ministry of National Defence, saying a Canadian bank had to refuse payment to the beneficiary of a letter of credit because of fraud.
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April 08, 2024
Experts Call For New Agency To Regulate Space Operations
A group of military space officials has called on the White House to create a new cabinet-level agency for space operations to cut red tape and keep the U.S. ahead of its rivals as a global leader in space operations.
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April 08, 2024
Farmers Want USDA Barred From 'Discriminatory' Aid Choices
A group of Texas farmers asked a federal judge to bar the U.S. Department of Agriculture from prioritizing minority groups as a part of a distribution scheme for the agency's disaster assistance and pandemic relief programs, saying the programs continue to cause harm to them and the public.
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April 08, 2024
Oak Flat Mining Decision Treads On Human Rights, UN Told
The San Carlos Apache Tribe is urging a United Nations committee to ask the United States to withhold any permissions that would allow Resolution Copper Co. to proceed with any activity on a plot of land known as Oak Flat, arguing that a Ninth Circuit ruling allowing the land transfer merits urgent intervention to prevent further human rights violations on the sacred site.
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April 08, 2024
Greek Air Force Says $22M Contract Dispute Was Timely
Greece's Air Force has urged the Federal Circuit to revive its $21.7 million suit over faulty cameras purchased from a U.S. contractor, saying its claim accumulated later than the U.S. government had argued and was timely.
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April 08, 2024
Cannabis Co. Says DEA Administrative Procedure Is Illegal
A Rhode Island cannabis company sued the U.S. Department of Justice and the Drug Enforcement Administration claiming the agency is subjecting it to an illegal proceeding before an administrative judge.
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April 05, 2024
Equatorial Guinea Says $8M Award Can't Be Enforced
Equatorial Guinea is urging the D.C. Circuit to nix enforcement of an $8 million arbitral award issued to a Swiss company that was ousted from a hospital operating contract, saying a lower court should have looked closer at whether the dispute was adjudicated in the proper forum.
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April 05, 2024
Mich. Panel Rejects 'Fees For Fees' In Contractor's FOIA Bid
A split Michigan state appeals court has refused to top attorney fees a construction contractor won against a county-level road agency that the contractor accused of failing to disclose certain hiring information, with the court finding the fees to be limited because the contractor dragged out litigation.
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April 05, 2024
Feds Say Bombing Survivors' Suit Is Outside Court's Authority
The Biden administration is again pushing to escape survivors' efforts to hold it accountable for U.S. allies' airstrikes in Yemen, telling a Washington, D.C., federal court it had no authority over the executive branch's foreign arms dealing.
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April 05, 2024
Judge Newman Pushes To Keep Suit Over Suspension Intact
U.S. Circuit Judge Pauline Newman urged a D.C. federal judge Friday to let her pursue a constitutional challenge to the law under which she has been suspended, and to reject her colleagues' contention that her case does not pass legal muster.
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April 05, 2024
Utah Says It Stands To Lose Big In BLM Oil Lease Challenge
Utah is asking a federal judge for permission to defend the Bureau of Land Management's decision to sell oil and gas leases on more than 200,000 acres of public land, an action under legal attack from environmental groups.
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April 05, 2024
Claims Court Says Leaked Contractor Info Didn't Help Rival
A U.S. Court of Federal Claims judge has rejected an aviation fuel services company's suit alleging that the Defense Logistics Agency wrongly failed to mitigate the inadvertent release of sensitive information to the Miami company's rival, saying the agency reasonably determined that the information wasn't competitively useful.
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April 05, 2024
Contractor Settles Naturalized Citizen's Hiring Bias Claims
A federal contractor settled claims that it slammed the brakes on hiring a naturalized citizen after finding out that she was not born in the U.S., the U.S. Department of Justice said.
Expert Analysis
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Bid Protest Spotlight: Standing And A Golden Rule
In this month's bid protest roundup, Victoria Angle at MoFo examines one recent decision that clarifies the elements necessary to establish prejudice and federal claims court standing in multiphase protests, and two that exemplify a government procurements golden rule.
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Reimagining Law Firm Culture To Break The Cycle Of Burnout
While attorney burnout remains a perennial issue in the legal profession, shifting post-pandemic expectations mean that law firms must adapt their office cultures to retain talent, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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Grant Compliance Takeaways From Ga. Tech's FCA Settlement
Georgia Tech’s recent False Claims Act settlement over its failure to detect compliance shortcomings in a grant program was unique in that it involved a voluntary repayment of funds prior to the resolution, offering a few key lessons for universities receiving research funding from the government, says Jonathan Porter at Husch Blackwell.
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Series
Competing In Dressage Makes Me A Better Lawyer
My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.
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ASBCA Ruling May Pave Way For Pandemic-Related Claims
The Armed Services Board of Contract Appeals’ recent decision that the government failed to meet its evidentiary burden when it sought dismissal under the sovereign acts doctrine offers hope to contractors and subcontractors that faced performance challenges resulting from the COVID-19 pandemic, say Edward Arnold and Zachary Jacobson at Seyfarth.
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Opinion
White Collar Plea Deals Are Rarely 'Knowing' And 'Voluntary'
Because prosecutors are not required to disclose exculpatory evidence during plea negotiations, white collar defendants often enter into plea deals that don’t meet the U.S. Supreme Court’s “knowing” and “voluntary” standard for trials — but individual courts and solutions judges could rectify the issue, says Sara Kropf at Kropf Moseley.
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EEO-1 Ruling May Affect Other Gov't Agency Disclosures
By tightly construing a rarely litigated but frequently asserted term, a California federal court’s ruling that the Freedom of Information Act does not exempt reports to the U.S. Department of Labor on workplace demographics could expand the range of government contractor information susceptible to public disclosure, says John Zabriskie at Foley & Lardner.
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2 SEC Orders Illuminate Bribery Risks For US-China Cos.
The U.S. Securities and Exchange Commission’s foreign bribery-related resolutions with 3M and Clear Channel offer important takeaways on compliance risks for companies with operations in China, from the role of traditionally low-risk vendors to gaps in internal accounting controls, say attorneys at Miller & Chevalier.
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The Legal Industry Needs A Cybersecurity Paradigm Shift
As law firms face ever-increasing risks of cyberattacks and ransomware incidents, the legal industry must implement robust cybersecurity measures and privacy-centric practices to preserve attorney-client privilege, safeguard client trust and uphold the profession’s integrity, says Ryan Paterson at Unplugged.
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5 Reasons Associates Shouldn't Take A Job Just For Money
As a number of BigLaw firms increase salary scales for early-career attorneys, law students and lateral associates considering new job offers should weigh several key factors that may matter more than financial compensation, say Albert Tawil at Lateral Hub and Ruvin Levavi at Power Forward.
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Contract Disputes Recap: Jurisdictional Challenges
Stephanie Magnell and Bret Marfut at Seyfarth examine three recent cases illustrating that, on top of being comprehensive and well-considered, claims submitted to contracting officers must be prepared to withstand future government motions to dismiss appeals for lack of jurisdiction.
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New SDNY Whistleblower Program May Be A Game-Changer
A new pilot program in the U.S. Attorney’s Office for the Southern District of New York promises to immunize from prosecution certain individuals who blow the whistle on financial crimes and corruption, and if similar self-disclosure programs are any indication, this significant new policy may measurably increase white collar investigations, say attorneys at Paul Hastings.
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Series
Playing Competitive Tennis Makes Me A Better Lawyer
My experience playing competitive tennis has highlighted why prioritizing exercise and stress relief, maintaining perspective under pressure, and supporting colleagues in pursuit of a common goal are all key aspects of championing a successful legal career, says Madhumita Datta at Lowenstein Sandler.
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Series
The Pop Culture Docket: Judge Djerassi On Super Bowl 52
Philadelphia Court of Common Pleas Judge Ramy Djerassi discusses how Super Bowl 52, in which the Philadelphia Eagles prevailed over the New England Patriots, provides an apt metaphor for alternative dispute resolution processes in commercial business cases.
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Ex-OpenSea Staffer Case May Clarify When Info Is Property
In considering the appeal of a former OpenSea manager’s wire fraud conviction in U.S. v. Chastain, the Second Circuit may soon provide guidance about whether economic information is traditional property in certain insider trading prosecutions — a theory of fraud that the U.S. Supreme Court has repeatedly narrowed, say attorneys at Debevoise.