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Government Contracts
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December 18, 2024
Ex-Fla Rep. Charged Again For Foreign Agent Violations
Former Florida Rep. David Rivera, who is battling an indictment in Miami over lobbying work for Venezuela, faces additional criminal charges in D.C. federal court, after a grand jury indicted him on charges he failed to register as a foreign agent when he lobbied on a Venezuelan businessman's behalf.
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December 18, 2024
CVS Fueled Opioid Epidemic In Rush For Profits, Feds Say
The U.S. Department of Justice unveiled a suit Wednesday accusing CVS, the nation's largest pharmacy chain, of knowingly filling invalid prescriptions for powerful opioids and ignoring internal pleas from its pharmacists as it allegedly put profits over safety.
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December 18, 2024
SBA Wants To Speed Up Late Subcontract Payments
The U.S. Small Business Administration on Wednesday proposed a rule intended to speed up payments to federal small business subcontractors, requiring prime contractors to more promptly report late payments to agencies and cooperate to resolve the issue.
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December 18, 2024
States, Green Groups Drop Suits Over USPS Vehicle Plan
A coalition of states and cities and several environmental groups moved to dismiss their lawsuits challenging the U.S. Postal Service's multibillion-dollar plan to acquire its next-generation delivery vehicles.
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December 18, 2024
Texas Says Border Wall Panel Sales May Violate Injunction
Missouri and Texas asked a federal judge to probe whether the Biden administration is violating an order to use $1.4 billion of congressional funds to build the southern border wall, pointing to media reports that wall materials are being sold off.
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December 18, 2024
Senate Sends $895B Defense Bill To Biden's Desk
The U.S. Senate on Wednesday easily passed an $895.2 billion defense policy and budget bill for 2025, despite criticism over a contentious clause effectively barring gender-affirming healthcare coverage for service members' transgender children.
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December 17, 2024
DOD Expands Data Rights For Small Biz R&D Program Cos.
The U.S. Department of Defense on Tuesday issued rules expanding the data rights retained by small business research and development program participants, and codifying that unique rules for architectural and engineering contracts cover orders under multiple-award contracts.
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December 17, 2024
Ex-Ga. Tech Prof 'Lucky' To Beat Criminal Charges, Judge Says
A Georgia federal judge appeared unsympathetic on Tuesday to a former Georgia Tech professor who said he was the victim of a mishandled internal audit that led to his indictment on racketeering charges, telling the professor's civil attorney his client was "lucky that he's not in prison."
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December 17, 2024
Texas Rep. Aims To Bar DOD Buys From China-Linked IT Cos.
Rep. Pat Fallon, R-Texas, introduced a bill Tuesday that would prohibit the U.S. secretary of defense from entering into information technology contracts with companies with certain ties to China, saying cyberattacks have highlighted the vulnerability of the country's defense and IT systems to foreign interference.
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December 17, 2024
Feds Intervene In $200M FCA Case Against CVS
The federal government has intervened in a whistleblower case accusing CVS and its subsidiaries of pocketing more than $200 million in overpayments, in order to defend the constitutionality of the False Claims Act's whistleblower provisions.
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December 17, 2024
Fed. Circ. Guts Ruling On $367M Alaska Port Dispute
A Federal Circuit panel partially vacated a ruling that found the federal Maritime Administration breached two contract agreements with Anchorage related to a Port of Alaska upgrade and expansion, and awarded the city $367 million in damages.
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December 17, 2024
Split Pa. High Court Revives Kleinbard Fee Row Over DA Work
The Pennsylvania Supreme Court on Tuesday revived Kleinbard LLC's bid to get Lancaster County to pay for legal work on behalf of a former district attorney, reasoning that a lower court hastily rejected the firm's factual assertions.
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December 17, 2024
PG&E Secures $15B Energy Dept. Loan To Upgrade Grid
The U.S. Department of Energy said on Tuesday that it has conditionally committed to lending Pacific Gas & Electric Co. up to $15 billion for projects aimed at expanding hydropower generation and clean energy infrastructure in California.
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December 17, 2024
Groups Want Win In Partially Blocked Prevailing Wage Rule
The U.S. Department of Labor's final rule updating how prevailing wages are calculated under the Davis-Bacon Act should sink because it is arbitrary and capricious, a group of construction groups said, urging a Texas court to ax the rule after it partially blocked it.
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December 16, 2024
Lender Takes Aim At $2B Commisimpex Awards
A New York state court has issued a temporary restraining order over some $2 billion in arbitral awards still owed by the Republic of the Congo to Commissions Import-Export SA following a decades-old feud over unpaid public works contracts, citing a request from a lender.
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December 16, 2024
ICE Contractor Claims Immunity From Family Separation Suit
Transportation services provider MVM Inc. is arguing a father and son suing it for its role in a Trump administration policy that separated them and thousands of other immigrant families can't show it acted unlawfully or outside the bounds of a valid federal contract, dooming their litigation.
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December 16, 2024
Fed. Circ. Says Navy Mooted Appeal With New Solicitation
The Federal Circuit on Monday dismissed an appeal over a ruling that the U.S. Navy had wrongly found a technical support contract proposal untimely, saying the issuance of a revised solicitation and subsequent contract award effectively mooted the case.
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December 16, 2024
Honeywell Pollution Suit Belongs In Ga. Court, 11th Circ. Told
A Georgia city suing Honeywell International Inc. over the company's alleged pollution of coastal waterways told the Eleventh Circuit Monday that the Environmental Protection Agency's supervision of remediation efforts can't transform Honeywell into a federal officer, thus denying the company the jurisdiction it needs to move the case into federal court.
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December 16, 2024
Feds Ask To Speak With Juror In Failed $34M Kickback Trial
Prosecutors on Monday asked a New Jersey federal judge if they could speak with the foreperson of a jury that acquitted a Philadelphia pharmacy executive of scheming to bilk $34 million from insurers by paying kickbacks, after the juror offered to share feedback ahead of a possible retrial.
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December 13, 2024
Texas Panel Prods Harrison County About Tank Leakage
A Texas appeals court judge on Friday questioned whether Harrison County is seizing on a legal ambiguity to avoid required testing of underground storage tanks, saying its loose interpretation of the word "year" in a state law "doesn't sound like a very good idea."
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December 13, 2024
DC Judge Questions DOT On Rail Line 'Buy America' Waiver
A D.C. federal judge Friday scrutinized the Federal Railroad Administration's rolling stock grant for Brightline's high-speed rail line from the Los Angeles area to Las Vegas, questioning whether a waiver of "Buy America" mandates was justified for Siemens trainsets with competitor Alstom claiming some components could be made domestically.
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December 13, 2024
Devas Gets Help As it Looks To Revive $1.3B Award Fight
An Indian satellite communications company that is asking the U.S. Supreme Court to revive its efforts to enforce a $1.3 billion arbitral award against a state-owned Indian company received a boost on Wednesday as numerous amici, including the Biden administration, backed its position in the litigation.
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December 13, 2024
NYC Hospital System Wants Out Of REIT's $50M Campus Suit
The New York City Health and Hospitals Corp. and the New York City Economic Development Corp. asked a New York federal court Friday to dismiss a $50 million suit that accused them of being misleading when it came to the development of a floodwall that's supposed to be part of a commercial life sciences campus project.
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December 13, 2024
Pa. Contractor Hit With $4.2M Verdict In Pot Software Row
A Pennsylvania federal jury hit a cannabis software company with a $4.2 million judgment in a lawsuit from a subcontractor claiming it was brought on to help with a government project because of its Black-owned status, then pushed out of the $10 million deal.
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December 13, 2024
Conn. Stadium Bidder Can't Pursue 'Sham' Process Claims
An unsuccessful bidder for the redevelopment of Trinity Health Stadium in Hartford, Connecticut, lacks standing to carry on a 56-count lawsuit against 19 defendants that it accused of executing a "sham" process, a state appeals court ruled Friday.
Expert Analysis
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ESA Ruling May Jeopardize Gulf Of Mexico Drilling Operations
A Maryland federal court's recent decision in Sierra Club v. National Marine Fisheries Service, vacating key Endangered Species Act analyses of oil and gas operations in the Gulf of Mexico, may create a gap in guidance that could expose operators to enforcement risk and even criminal liability, say attorneys at Holland & Knight.
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Avoiding Corporate Political Activity Pitfalls This Election Year
As Election Day approaches, corporate counsel should be mindful of the complicated rules around companies engaging in political activities, including super PAC contributions, pay-to-play prohibitions and foreign agent restrictions, say attorneys at Covington.
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Navigating Cybersecurity Rule Changes For Gov't Contractors
Excerpt from Practical Guidance
As federal contractors evaluate the security of their IT systems, they should keep in mind numerous changes to the Federal Acquisition Regulations and the Defense Federal Acquisition Regulation Supplement recently promulgated to meet new cyber threats, says William Stowe at KBR.
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How Fund Advisers Can Limit Election Year Pay-To-Play Risks
With Minnesota Gov. Tim Walz now the Democratic candidate for vice president, politically active investment advisers should take practical steps to avoid triggering strict pay-to-play rules that can lead to fund managers facing mutli-year timeouts from working with public funds after contributing to sitting officials, say attorneys at Dechert.
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Why Attorneys Should Consider Community Leadership Roles
Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.
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Opinion
Agencies Should Reward Corporate Cyber Victim Cooperation
The increased regulatory scrutiny on corporate victims of cyberattacks — exemplified by the U.S. Securities and Exchange Commission's case against SolarWinds — should be replaced with a new model that provides adequate incentives for companies to come forward proactively and collaborate with law enforcement, say attorneys at McDermott.
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Firms Must Offer A Trifecta Of Services In Post-Chevron World
After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.
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5 Tips To Succeed In A Master Of Laws Program And Beyond
As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.
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Series
Being An Opera Singer Made Me A Better Lawyer
My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.
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How Law Firms Can Avoid 'Collaboration Drag'
Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.
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Philly Project Case Renews Ongoing Fraud Theory Tug-Of-War
In its upcoming term, the U.S. Supreme Court will hear Kousisis v. U.S., a case involving wire fraud convictions related to Philadelphia bridge repair projects, and may once again further rein in prosecutorial attempts to expand theories of fraud beyond core traditional property rights, say Jonathan Halpern and Kyra Rosenzweig at Holland & Knight.
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Opinion
Litigation Funding Disclosure Key To Open, Impartial Process
Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.
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Whistleblowers Must Note 5 Key Differences Of DOJ Program
The U.S. Department of Justice’s recently unveiled whistleblower awards program diverges in key ways from similar programs at other agencies, and individuals must weigh these differences and look first to programs with stronger, proven protections before blowing the whistle, say Stephen Kohn and Geoff Schweller at Kohn Kohn.
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What NFL Draft Picks Have In Common With Lateral Law Hires
Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.
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Foreign Threat Actors Pose Novel Risks To US Tech Cos.
A recent bulletin jointly issued by several U.S. intelligence agencies warns technology startups and the venture capital community about national security risks posed by foreign threat actors, so companies interested in raising foreign capital should watch for several red flags, say Robert Friedman and Jacob Marco at Holland & Knight.