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Government Contracts
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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.
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April 04, 2024
Secret Service Defeats Protest of $4.1M Janitorial Deal
The U.S. Secret Service has survived a contractor's protest of a $4.13 million deal to provide janitorial work at the agency's Maryland training facility when the U.S. Court of Federal Claims ruled the agency adequately probed allegations of procurement integrity violations.
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April 04, 2024
Peters Proposes Bills To Boost Federal Contracting Efficiency
Sen. Gary Peters, D-Mich., has introduced a pair of bipartisan bills intended to improve federal contracting, one aimed at increasing competition and making greater use of commercial items, the other requiring agencies to track the practical value they receive from contracts.
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April 04, 2024
Claims Court Backs Defense Health Agency $31M IT Deal Pick
A U.S. Court of Federal Claims judge denied an information technology contractor's protest of a $31 million IT deal the Defense Health Agency awarded to a competitor, saying he found nothing wrong with how the agency evaluated the contractors' proposals.
Expert Analysis
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Series
Playing In A Rock Cover Band Makes Me A Better Lawyer
Performing in a classic rock cover band has driven me to hone several skills — including focus, organization and networking — that have benefited my professional development, demonstrating that taking time to follow your muse outside of work can be a boon to your career, says Michael Gambro at Cadwalader.
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Series
The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'
The murder trials in Netflix’s “The Lincoln Lawyer” illustrate the stark contrast between the ethical high ground that fosters and maintains the criminal justice system's integrity, and the ethical abyss that can undermine it, with an important reminder for all legal practitioners, say Judge Adam Espinosa and Andrew Howard at the Colorado 2nd Judicial District Court.
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Bid Protest Spotlight: Deference Limit, Close-At-Hand Doctrine
In this month's bid protest roundup, Roke Iko at MoFo examines a recent decision from the U.S. Court of Federal Claims about the parameters of agency deference, and one from the U.S. Government Accountability Office that highlights the risk to offerors of relying heavily on evaluators’ prior knowledge.
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New DOJ Roles Underscore National Security Focus
The U.S. Department of Justice’s recent creation of two new leadership positions signals to the private sector that federal law enforcement is pouring resources into corporate investigations to identify potential national security violations, say attorneys at Ballard Spahr.
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Opinion
Newman Suspension Shows Need For Judicial Reform
The recent suspension of U.S. Circuit Judge Pauline Newman following her alleged refusal to participate in a disability inquiry reveals the need for judicial misconduct reforms to ensure that judges step down when they can no longer serve effectively, says Aliza Shatzman at The Legal Accountability Project.
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Lessons From Verizon's Cybersecurity FCA Self-Disclosure
A Verizon unit’s recent agreement to settle allegations of cyber-related False Claims Act violations illustrates the interplay between the government's prioritization of cybersecurity enforcement and the potential benefits of voluntarily disclosing cybersecurity failures, says Denise Barnes at Honigman.
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How And Why Your Firm Should Implement Fixed-Fee Billing
Amid rising burnout in the legal industry and client efforts to curtail spending, pivoting to a fixed-fee billing model may improve client-attorney relationships and offer lawyers financial, logistical and stress relief — while still maintaining profit margins, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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Unpacking OMB's Proposed Uniform Guidance Rewrite
Affected organizations, including state and local governments, should carefully review the Office of Management and Budget's proposed overhaul of uniform rules for administering over $1 trillion in federal funding distributed each year, and take the opportunity to submit comments before the December deadline, says Dismas Locaria at Venable.
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Opinion
Judicial Independence Needs Defense Amid Political Threats
Amid recent and historic challenges to the judiciary from political forces, safeguarding judicial independence and maintaining the integrity of the legal system is increasingly urgent, says Robert Peck at the Center for Constitutional Litigation.
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How Law Firms Can Use Account-Based Marketing Strategies
Amid several evolving legal industry trends, account-based marketing can help law firms uncover additional revenue-generating opportunities with existing clients, with key considerations ranging from data analytics to relationship building, say Jennifer Ramsey at stage LLC and consultant Gina Sponzilli.
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Strategic Succession Planning At Law Firms Is Crucial
Senior partners' reluctance to retire, the rise of the nonequity partner tier and generational differences in expectations are all contributing to an increasing number of departures from BigLaw, making it imperative for firms to encourage retirement among senior ranks and provide clearer leadership pathways to junior attorneys, says Laura Leopard at Leopard Solutions.
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UK Mozambique Ruling Will Have Int'l Ramifications
The recent U.K. Supreme Court judgment in Mozambique v. Privinvest considered for the first time stay proceedings under the Arbitration Act, offering guidance on whether claims are a "matter" within the scope of an arbitration clause, which could become a point of reference for foreign courts in the future, say lawyers at Herbert Smith.
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Maximizing Law Firm Profitability In Uncertain Times
As threats of an economic downturn loom, firms can boost profits by embracing the power of bottom-line management and creating an ecosystem where strategic financial oversight and robust timekeeping practices meet evolved client relations, says Shireen Hilal at Maior Strategic Consulting.
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Steps For Gov't Contractors On The OFCCP's Audit List
Federal contractors on the Office of Federal Contract Compliance Programs' most recent list of firms flagged for potential audit should take certain steps now in light of the agency’s new scheduling letter, which significantly increases the burden and potential risks for contractors, say Andrew Turnbull and Sadé Tidwell at MoFo.
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5th Circ. Ruling Reminds Attys That CBP Can Search Devices
The Fifth Circuit’s recent Malik v. Department of Homeland Security decision adds to the chorus of federal courts holding that border agents don’t need a warrant to search travelers’ electronic devices, so attorneys should consider certain special precautions to secure privileged information when reentering the U.S., says Jennifer Freel at Jackson Walker.