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Government Contracts
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April 01, 2024
DeSantis Ducks Mass. Suit Over Migrant Flights
A Massachusetts federal judge has released Florida Gov. Ron DeSantis and most other defendants from a proposed class suit by a group of migrants who claim they were duped into boarding flights to Martha's Vineyard, ruling that the court lacked jurisdiction.
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April 01, 2024
Colo. Judge Pleads For Brevity In Palantir Shareholder Suit
A Colorado federal judge has dismissed without prejudice a shareholder suit against software and analytics company Palantir Technologies, criticizing the redundancy and excessive length of the complaint, and chastising the plaintiffs for seemingly expecting him to sift through alleged fraudulent statements for them.
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April 01, 2024
Fla. Atty Can't Escape $300K COVID Relief Fraud Conviction
A Florida attorney fell short in trying to nix her conviction for conspiracy to commit wire fraud when a Georgia federal court found the jury heard and saw a "plethora" of evidence to show she submitted fraudulent loan applications in an effort to obtain money meant to help small businesses during the COVID-19 pandemic.
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April 01, 2024
Fed. Circ. Wary Of Defense Co.'s Late $19.4M Pension Claim
The Federal Circuit appeared skeptical Monday of an aviation defense company's attempt to revive pension claims against the federal government, as judges on the panel questioned the implications of reviving a claim outside the six-year statute of limitations.
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April 01, 2024
High Court Won't Hear Mass. Residents' Tribal Land Dispute
The U.S. Supreme Court on Monday denied a petition by a group of Massachusetts residents seeking to reverse a ruling that allowed the Department of the Interior to take 321 acres into trust for the development of a billion-dollar tribal hotel and casino.
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March 29, 2024
High Bar To Meet For Novel Protest Over $45B DOE Deal
The U.S. Department of Energy's deviation from typical federal acquisition rules to award a $45 billion contract to a company previously deemed ineligible is raising eyebrows among government contracting attorneys, but may nonetheless find support in court.
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March 29, 2024
GEO Group Brass Agree To Reforms To End Derivative Suit
Shareholders who claimed executives of private prison contractor GEO Group Inc. lied about financing deals with major banks told a Florida federal judge that the company has agreed to a host of corporate reforms to end the derivative suit, which will include the appointment of a chief compliance officer.
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March 29, 2024
Navy Overspent $399M In Ukraine Funding In 2022, DOD Says
The U.S. Department of Defense said that lax financial controls in the U.S. Navy's budgeting system led it to overspend nearly $400 million in funds intended to help Ukraine following Russia's 2022 invasion, which has also increased the risk of triggering a possible Antideficiency Act violation in the future.
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March 29, 2024
RTX Cut From Deal Due To Worker's 'Likely' NDA Violation
RTX Corp. can't be part of an anti-missile technology program following its hiring of a former naval analyst who may have violated a non-disclosure agreement while still employed with the Navy, a U.S. Court of Federal Claims decision unsealed Friday shows.
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March 29, 2024
L3Harris Accuses Moog Of Delays In Subdeals Worth $77.9M
L3Harris Technologies Inc. has hauled fellow defense contractor Moog Inc. into Florida federal court, alleging that Moog failed to timely deliver critical satellite parts under several subcontracts worth $77.9 million, despite the U.S. government requiring expedited delivery for national defense purposes.
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March 29, 2024
Exxon Docs In $1.8B Case Should Be Unsealed, Judge Told
The government asked a Texas federal judge to wave away protests by Exxon Mobil Corp. to keep its documents sealed in a case over $1.8 billion in contested tax benefits for a joint venture with Qatar, saying Thursday that the energy giant threatens unnecessary disputes at trial.
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March 29, 2024
Up Next After Bankman-Fried Sentencing: FTX Cooperators
Now that FTX founder Sam Bankman-Fried has been sentenced to 25 years in prison for an $11 billion fraud on the collapsed crypto exchange, it's time for the three top lieutenants who testified against him at trial to face their own judgments — and experts say the cooperators are well positioned to avoid jail time.
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March 29, 2024
Dominion Wants County Sanctioned In Voting Machine Row
Dominion Voting Systems Inc. wants a Pennsylvania county to pay its legal bills over allegedly rehashed claims that its voting machines had security issues in violation of the county's contract, since a federal court had already tossed those claims.
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March 29, 2024
Convicted Energy Grant Fraudster Loses 1st Circ. Appeal
The First Circuit rejected the appeal of a Massachusetts man who was convicted of submitting fraudulent applications for federal grant money under the guise of needing it for energy projects, ruling that the verdict was backed by strong evidence.
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March 29, 2024
Gov't Contracts Of The Month: Super Hornets And Chips
This March, the Pentagon ordered a final batch of the "Top Gun: Maverick"-featured Super Hornet fighter plane from The Boeing Co., tapped IBM to create a trusted semiconductor enclave and devoted $1 billion to cracking down on nuclear smuggling abroad. These are some of the most noteworthy government contracts over the last month.
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March 29, 2024
Off The Bench: Ohtani Woes, Va. Ends Arena Plan, Pac-12 Deal
In this week’s Off The Bench, MLB superstar Shohei Ohtani tries to untangle himself from a gambling scandal, Virginia’s rejection sends two D.C. pro franchises back home, and the Pac-12 pays up to two schools that were left behind. If you were sidelined this week, Law360 will catch you up with the sports and betting stories that had our readers talking.
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March 28, 2024
White House Directs Agencies To Install AI Risk Safeguards
The White House on Thursday issued a new directive requiring all federal agencies to address safety and civil rights risks in their use and procurement of artificial intelligence in an array of settings, including conducting screenings at airports and making decisions affecting Americans' healthcare, employment and housing.
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March 28, 2024
8th Circ. Won't Revive Fannie, Freddie Investors' FHFA Suit
The Eighth Circuit on Thursday refused to revive Fannie Mae and Freddie Mac investors' suit alleging the Federal Housing Finance Agency's leadership and financial deals violated the U.S. Constitution, saying the investors failed to show how they were harmed by the now-upended restrictions on removing the agency's director.
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March 28, 2024
Medical Lab Inks $2.1M Deal To End NC's False Claims Probe
A North Carolina lab will pay back $2.1 million to the state's Medicaid program after settling an investigation into how it charged the public health program for tests, the state attorney general's office announced Thursday.
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March 28, 2024
GAO Faults State Dept. Reversal On Consulate Build Award
The U.S. Government Accountability Office backed an Illinois construction company's challenge to losing a deal to build a U.S. consulate compound in Turkey, rejecting the U.S. Department of State's contention that the company wasn't the same entity that met security prequalifications.
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March 28, 2024
Former Prison Contractor Must Pay $112K, 6th Circ. Says
The Sixth Circuit on Thursday affirmed a National Labor Relations Board decision ordering a former Federal Bureau of Prisons contractor and a Michigan halfway house to pay around $112,000 to two fired workers, supporting the agency's conclusion that the entities are liable for back pay.
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March 28, 2024
Faruqi & Faruqi Beats 5 Firms To Lead NewAge Investor Suit
A Colorado district judge has selected two clients of Faruqi & Faruqi LLP to lead an investor class action accusing the executives and directors of wellness company NewAge Inc. of securities fraud, saying the plaintiff with an even bigger financial interest is unfit for appointment because he hid his "troubling" background.
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March 28, 2024
5th Circ. Nixes License For NM Nuke Storage Site
The Fifth Circuit wiped out the U.S. Nuclear Regulatory Commission's license for a temporary nuclear waste storage facility in New Mexico, citing its August 2023 ruling finding the agency lacks authority to license a separate facility in Texas.
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March 28, 2024
Spokeo Accused Of Flouting NJ Judicial Protection Law
Spokeo Inc., the people search database provider, violated New Jersey state law by not removing information about law enforcement personnel from its database after requests were filed, a data privacy company contends in a lawsuit.
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March 28, 2024
Texas Wins Court Bid To Vacate Feds' Highway GHG Rule
A Texas federal judge has dealt the Biden administration a blow by vacating a new Federal Highway Administration rule requiring states to set targets for reducing greenhouse gas emissions from federally funded highway projects, saying Congress never gave the agency that authority.
Expert Analysis
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Federal Courts And AI Standing Orders: Safety Or Overkill?
Several district court judges have issued standing orders regulating the use of artificial intelligence in their courts, but courts should consider following ordinary notice and comment procedures before implementing sweeping mandates that could be unnecessarily burdensome and counterproductive, say attorneys at Curtis.
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The 5 Most Important Bid Protest Decisions Of 2023
Attorneys at Bradley Arant discuss noteworthy 2023 bid protest decisions from the U.S. Court of Federal Claims and U.S. Government Accountability Office, offering perspectives on standing, document production, agency deference, System for Award Management registration requirements and mentor-protégé joint venture proposal evaluations.
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4 Questions On Groundbreaking New Foreign Bribery Law
The recently enacted Foreign Extortion Prevention Act will significantly alter the anti-corruption landscape under U.S. law by allowing prosecutors to pursue foreign officials for soliciting or accepting bribes, but it’s not yet clear how the statute will be used and by whom, say attorneys at K&L Gates.
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OIG Report Has Clues For 2024 Healthcare Fraud Enforcement
A recent report from the Health Department's Office of the Inspector General reveals healthcare fraud and abuse enforcement trends that will continue in 2024, from increased telehealth oversight to enhanced policing of managed care, say attorneys at Sheppard Mullin.
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7 E-Discovery Predictions For 2024 And Beyond
The legal and technical issues of e-discovery now affect virtually every lawsuit, and in the year to come, practitioners can expect practices and policies to evolve in a number of ways, from the expanded use of relevancy redactions to mandated information security provisions in protective orders, say attorneys at Littler.
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DOD's Proposed Cyber Rule: What Contractors Must Know
A review of the U.S. Department of Defense's recently published Cybersecurity Maturity Model Certification proposed rule, requiring independent third-party cybersecurity assessments for many defense contractors, suggests that there will be a competitive advantage to prompt demonstration of full compliance with the rule, says Robert Metzger at Rogers Joseph.
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Tips For Contractors Preparing For Potential Gov't Shutdown
With elements of the Congress’ latest continuing resolution expiring on Jan. 19, companies that may be fatigued by preparing for potential shutdown after potential shutdown should consider the current political climate and take specific steps now, say attorneys at Miller & Chevalier.
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2 FCPA Settlements Illuminate Self-Disclosure, Disgorgement
Two of last year’s Foreign Corrupt Practices Act settlements — with biomedical company Lifecore and mining company Corsa Coal — suggest that the government will be much more flexible in negotiating disgorgement amounts if an entity voluntarily self-discloses misconduct, say Michael Gilbert and Lucas Amodio at Sheppard Mullin.
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Opinion
Anti-Kickback Statute Does Not Require But-For Causation
A proper interpretation of the Anti-Kickback Statute clearly indicates that but-for causation is not required for False Claims Act Liability, and courts that hold otherwise will make it significantly easier for fraudsters to avoid accountability, says Kenneth Capesius at Baron & Budd.
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5 Litigation Funding Trends To Note In 2024
Over the next year and beyond, litigation funding will continue to evolve in ways that affect attorneys and the larger litigation landscape, from the growth of a secondary market for funded claims, to rising interest rates restricting the availability of capital, says Jeffery Lula at GLS Capital.
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Lessons From DOJ's Handling Of Rare Medicare Fraud Case
The U.S. Department of Justice's recent indictment against HealthSun sheds light on the relatively rare circumstances in which the agency may pursue criminal charges for fraud involving Medicare Advantage, but its subsequent decision not to prosecute shows that compliance efforts can mitigate penalties, say attorneys at WilmerHale.
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Growing Green Tech Demand Spells Trouble For Groundwater
Increasing demand for green technology is depleting the groundwater reserves used to extract and process the necessary minerals, making a fundamental shift toward more sustainable water use practices necessary at both the state and federal levels, says Sarah Mangelsdorf at Goldberg Segalla.
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What To Know About FCA Cybersecurity Enforcement
Now is a good time for practitioners, government contractors and potential relators to review recent developments in cybersecurity-related False Claims Act enforcement, and consider best practices for navigating this space in the new year, say Ellen London at London & Stout, and Li Yu and Molly Knobler at DiCello Levitt.
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4 Legal Ethics Considerations For The New Year
As attorneys and clients reset for a new year, now is a good time to take a step back and review some core ethical issues that attorneys should keep front of mind in 2024, including approaching generative artificial intelligence with caution and care, and avoiding pitfalls in outside counsel guidelines, say attorneys at HWG.
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What May Define Contract Disputes Act Jurisdiction In 2024
Now is a good time to reflect on how several recent decisions may have limited the government's ability to weaponize jurisdictional prerequisites under the Contract Disputes Act, and how this new direction may affect government contractors and practitioners filing CDA appeals in 2024, say attorneys at Seyfarth.