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Government Contracts
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October 25, 2024
Ga. Court Admin Says Retaliation Suit Must Go Ahead In Full
A former Georgia municipal court administrator who said she was forced out of her position after reporting corruption by a city council member has asked a federal judge to preserve her suit in full, arguing a federal magistrate misapplied a sexual harassment standard to what was better characterized as retaliation claims.
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October 25, 2024
EEOC Gets $110K Default Win In Fired Atty's Retaliation Suit
A government contractor has been ordered to pay its former attorney more than $110,000 in back pay, interest and compensatory damages after a Maryland federal judge found the contractor's CEO retaliated against the lawyer after she turned down his sexual advances.
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October 24, 2024
Broadband Co. Says $168M Peruvian Award Suit Is Valid
A broadband corporation has urged a D.C. federal judge not to toss its lawsuit seeking enforcement of a $168 million arbitral award against telecom service Pronatel, saying the Peruvian state-owned entity is recycling arguments the court has already rejected.
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October 24, 2024
SBA Proposes 'Rule Of Two' For Multiaward Contract Orders
The U.S. Small Business Administration on Thursday proposed that federal agencies give preference to small businesses on orders under multiple-award contracts, a move it estimated could boost small business contracting by up to $6 billion each year.
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October 24, 2024
DOJ Pushes Justices To Revive Bid-Rigging Conviction
Federal prosecutors told the U.S. Supreme Court that the Fourth Circuit got it wrong last year when it vacated the bid-rigging conviction of aluminum pipe maker Contech's former executive, arguing Wednesday that agreements between firms can be per se unlawful even when they have a vertical relationship.
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October 24, 2024
DOJ Reaches $102M Deal In Baltimore Bridge Collapse Suit
The owner and the manager of the cargo ship that slammed into Baltimore's Francis Scott Key Bridge in March has agreed to pay $102 million to settle the U.S. Department of Justice's civil lawsuit alleging gross negligence on their part killed six people and destroyed a vital transportation corridor.
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October 24, 2024
Conn. Bar Committee Wants Software Crash Suit Tossed
The Connecticut Bar Examining Committee says a test-taker's federal lawsuit linking her failing grade to computer malfunctions or software crashes must be dismissed, because two different statistical analyses showed her tech woes "likely had no impact on her ultimate score."
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October 24, 2024
Biden Issues Guidelines For National Security Uses Of AI
President Joe Biden issued a memo Thursday on the development and use of artificial intelligence for national security, directing actions such as shoring up the security of computer chip supply chains and ensuring AI is not used to commit human rights violations.
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October 23, 2024
Conn. Judge Rejects Utility's Defenses In Site Cleanup Battle
An Avangrid Inc. unit hasn't sufficiently rebutted the Connecticut government's claims that it's taking too long to clean up the long-defunct English Station power plant site in New Haven under a partial consent order, a state court judge has ruled.
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October 23, 2024
DOD Could Exclude Generator Deal Bidder Over Conflict
The U.S. Government Accountability Office has backed the Defense Logistics Agency excluding a company from a solicitation for deployment of disaster relief generators, saying the DLA reasonably found conflicts of interest involving the company's work on a related contract.
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October 23, 2024
ICE, Nonprofits End FOIA Row Over Alleged Sterilization Docs
Three nonprofits dismissed their Freedom of Information Act lawsuit against U.S. Immigration and Customs Enforcement seeking records related to unnecessary and "nonconsensual" gynecological procedures performed on immigrant detainees at an ICE detention center in Georgia, according to a notice filed Wednesday in D.C. federal court.
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October 23, 2024
Southwest Union Wants 2nd Look At Colo. Sick Leave Deal
A Transport Workers Union affiliate urged a Colorado court to rethink its recent decision dismissing the union's claims against the state challenging a settlement with Southwest Airlines over a sick leave law, arguing the judge wrongly analyzed the statute's exemption for workers covered by a labor contract.
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October 23, 2024
Penn State To Pay $1.25M To Resolve FCA Cybersecurity Suit
Pennsylvania State University will pay $1.25 million to settle a False Claims Act suit accusing it of failing to comply with cybersecurity requirements for defense and NASA contracts, the U.S. Department of Justice announced.
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October 23, 2024
Del. Judge Won't Yet Revisit $242K Atty Sanctions In Ch. 7
A Delaware bankruptcy judge said Wednesday that he won't, for now, set aside more than $242,000 in legal fees he ordered a lawyer representing the owners of an insolvent government contractor to pay in a clawback lawsuit, saying that since the sanctions order was appealed to the district court, he doesn't have jurisdiction.
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October 23, 2024
Atlanta VA Doctor Abused Power And Patients, Jury Told
Federal prosecutors told a Georgia federal jury Wednesday that in the coming days, they'll hear from "four women who served their country," who placed their trust and care into the hands of a longtime physician with the U.S. Department of Veterans Affairs and in return were sexually assaulted by him.
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October 22, 2024
10th Circ. Rebuffs GEO's Early Appeal In Forced-Labor Suit
The Tenth Circuit said Tuesday that GEO Group Inc. jumped the gun by appealing a Colorado federal judge's ruling that the private prison operator can't be shielded by derivative sovereign immunity from human-trafficking claims brought by immigrant detainees.
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October 22, 2024
Calif. Official Cops To Taking Bribes For $10M In Contracts
A member of the Orange County Board of Supervisors has admitted to steering $10 million worth of COVID-19 relief funds to a charity affiliated with his daughter in exchange for more than $500,000 in bribes, California federal prosecutors announced Tuesday.
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October 22, 2024
Ga. Tech Says No Basis For Feds' Cybersecurity FCA Suit
The Georgia Institute of Technology has urged a Georgia federal judge to toss a False Claims Act suit accusing the university of knowingly failing to comply with U.S. Department of Defense cybersecurity standards, saying those rules didn't apply to its research contracts.
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October 22, 2024
Feds Granted More Time For New Gulf Drilling Review
A Maryland federal judge has agreed to delay the date by which she will vacate a National Marine Fisheries Service review of the effects of oil and gas drilling in the Gulf of Mexico after the agency explained that it would not be able to complete a new review by the original Dec. 20 deadline.
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October 22, 2024
No Bad Faith Found In Early Termination Of Air Force IT Deal
An Armed Services Board of Contract Appeals judge has ruled that the U.S. Air Force's decision to terminate an information technology contract early was not made in bad faith, rejecting the contractor's bid for $630,000 in lost profits.
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October 22, 2024
Feds Partner With Osage, Navajo To Tackle Orphaned Wells
The U.S. Department of Energy said it's inked agreements with the Osage Nation and the Navajo Nation that are aimed at identifying undocumented orphaned wells on tribal lands and addressing their harmful impacts.
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October 22, 2024
LA-Based Wound Group Hits Ch. 11 After Medicare Pay Pause
A Los Angeles-based multistate wound care practice has filed for Chapter 11 protection in a Texas bankruptcy court, saying it can't pay nearly $156 million in charges from its management company after its Medicare payments were suspended last month.
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October 22, 2024
Madigan Ally's Favors Were '100% Legal,' Not Bribes, Jury Told
Counsel for an ex-lobbyist standing trial on public corruption charges alongside former Illinois House Speaker Michael Madigan told an Illinois federal jury Tuesday that the government is treating legal lobbying activity as bribery, and that his client did "100% legal favors" for Madigan to establish trust and maintain access to the powerful politician.
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October 22, 2024
How Law Firms Get And Keep Elite Status
For decades, a handful of New York-based law firms thoroughly dominated the national consciousness when it came to power, profitability and prestige. But in today's legal market, increased movement of partners and clients from one firm to the next has begun to shake things up and create opportunities for go-getters to ascend the ranks.
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October 22, 2024
The 2024 Prestige Leaders
Check out our Prestige Leaders ranking, analysis and interactive graphics to see which firms stand out for their financial performance, attractiveness to attorneys and law students, ability to secure accolades and positive legal news media representation.
Expert Analysis
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John Deere Penalty Shows Importance Of M&A Due Diligence
The U.S. Securities and Exchange Commission's recent $10 million penalty against John Deere underscores the risks of not conducting robust preacquisition due diligence and not effectively integrating a new subsidiary into the existing compliance framework, say attorneys at Ropes & Gray.
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Series
Collecting Art Makes Me A Better Lawyer
The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.
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Aviation Watch: Boeing Plea Agreement May Not Serve Public
The proposed plea agreement between the U.S. Department of Justice and Boeing — the latest outgrowth of the company's 737 Max travails — is opposed by crash victims' families, faces an uncertain fate in court, and may ultimately serve no beneficial purpose, even if approved, says Alan Hoffman, a retired attorney and aviation expert.
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Litigation Inspiration: Honoring Your Learned Profession
About 30,000 people who took the bar exam in July will learn they passed this fall, marking a fitting time for all attorneys to remember that they are members in a specialty club of learned professionals — and the more they can keep this in mind, the more benefits they will see, says Bennett Rawicki at Hilgers Graben.
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4 Ways To Prepare For DOD Cyber Certification Rule
Given the U.S. Department of Justice's increased scrutiny of contractor compliance with cybersecurity requirements, it is critical that contractors take certain steps now in response to the U.S. Department of Defense's proposed Cybersecurity Maturity Model Certification implementation rule, say Townsend Bourne and Lillia Damalouji at Sheppard Mullin.
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Opinion
AI May Limit Key Learning Opportunities For Young Attorneys
The thing that’s so powerful about artificial intelligence is also what’s most scary about it — its ability to detect patterns may curtail young attorneys’ chance to practice the lower-level work of managing cases, preventing them from ever honing the pattern recognition skills that undergird creative lawyering, says Sarah Murray at Trialcraft.
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$200M RTX Deal Underscores Need For M&A Due Diligence
RTX's settlement with regulators for violating defense export regulations offers valuable compliance lessons, showcasing the perils of insufficient due diligence during mergers and acquisitions transactions along with the need to ensure remediation measures are fully implemented following noncompliance, say Thad McBride and Faith Dibble at Bass Berry.
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Series
Round-Canopy Parachuting Makes Me A Better Lawyer
Similar to the practice of law, jumping from an in-flight airplane with nothing but training and a few yards of parachute silk is a demanding and stressful endeavor, and the experience has bolstered my legal practice by enhancing my focus, teamwork skills and sense of perspective, says Thomas Salerno at Stinson.
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Navigating Restrictions Following Biotech Bill House Passage
Ahead of the BIOSECURE Act’s potential enactment, companies that obtain equipment from certain Chinese biotechnology companies should consider whether the act would restrict their ability to enter into contracts with the U.S. government and what steps they might take in response, say attorneys at Ropes & Gray.
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SEC Settlement Holds Important Pay-To-Play Lessons
The U.S. Securities and Exchange Commission’s recent fine of an investment adviser, whose new hire made a campaign contribution within a crucial lookback period, is a seasonable reminder for public fund managers to ensure their processes thoroughly screen all associates for even minor violations of the SEC’s strict pay-to-play rule, say attorneys at Lowenstein Sandler.
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7 Takeaways For Companies After Justices' Bribery Ruling
The U.S. Supreme Court’s Snyder v. U.S. decision this summer, holding that a federal law does not criminalize after-the-fact gratuities made to public officials, raises some key considerations for companies that engage with state, local and tribal governments, say attorneys at BakerHostetler.
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Why Now Is The Time For Law Firms To Hire Lateral Partners
Partner and associate mobility data from the second quarter of this year suggest that there's never been a better time in recent years for law firms to hire lateral candidates, particularly experienced partners — though this necessitates an understanding of potential red flags, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Considering Possible PR Risks Of Certain Legal Tactics
Disney and American Airlines recently abandoned certain litigation tactics in two lawsuits after fierce public backlash, illustrating why corporate counsel should consider the reputational implications of any legal strategy and partner with their communications teams to preempt public relations concerns, says Chris Gidez at G7 Reputation Advisory.
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It's No Longer Enough For Firms To Be Trusted Advisers
Amid fierce competition for business, the transactional “trusted adviser” paradigm from which most firms operate is no longer sufficient — they should instead aim to become trusted partners with their most valuable clients, says Stuart Maister at Strategic Narrative.
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Vertex Suit Highlights Issues For Pharma Fertility Support
Vertex Pharmaceuticals' recent lawsuit challenging the U.S. Department of Health and Human Services' interpretation of the Anti-Kickback Statute is influenced by a number of reproductive rights and health equity issues that the Office of Inspector General should address more concretely, including in vitro fertilization and fertility preservation programs, says Mary Kohler at Kohler Health Law.