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Government Contracts
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May 03, 2024
Panama Builder Seeks TRO In Del. After Port Case Remand
Victims of an alleged "brazen and intricate" international scheme to steal an entire $1.4 billion Panama Canal port project by way of sham Delaware companies and claims urged a Delaware vice chancellor on Friday to convene a temporary restraining order hearing next week to sidetrack the effort.
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May 03, 2024
Florida Court Revives County's Suit Over Fairgrounds Deal
A Florida appeals court on Friday revived Hernando County's lawsuit against a local county fair association over a broken contract to redevelop a county fairgrounds property, ruling that it is not clear the lawsuit is time-barred.
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May 03, 2024
Judge Says Lender Can't Escape CFPB's Loan Data Suit
A Florida federal judge has refused to dismiss the Consumer Financial Protection Bureau's suit accusing mortgage servicer and lender Freedom Mortgage Corp. of violating federal law by submitting inaccurate government mortgage loan data.
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May 03, 2024
Conn. Dentists Settle Govt's Illegal Patient Recruiting Suit
Two Connecticut dental practices and their co-owners have settled a federal false claims lawsuit accusing them of making illegal payments to a patient recruiter to generate business through Medicaid, agreeing to fork over about $187,000 over five years, plus 4% interest.
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May 03, 2024
Judge In Trump's Georgia Case Raises $320K For Election Bid
In his bid for election to his first full term on the bench, the judge overseeing former President Donald Trump's Georgia election interference case is enjoying support from a broad swath of the Atlanta legal community, raising over $127,000 in the last three months.
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May 02, 2024
Boeing Supplier Sues Texas AG To Block Safety Investigation
The subsidiary of a company that produces fuselages for Boeing's 737 jets sued on Wednesday to block the Texas attorney general's investigation into apparent manufacturing issues that have caused recent midair emergencies, saying the probe is unconstitutional and violates the company's right to be free from unreasonable searches.
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May 02, 2024
7th Circ. Mostly Backs Ill. Home Health Kickbacks Judgment
The Seventh Circuit on Thursday largely left intact an Illinois federal judge's $6 million ruling that a home health care company broke federal kickback laws, refusing to reverse the lower court's liability finding but directing it to ensure its damages award was calculated correctly.
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May 02, 2024
Hahn Air To Pay Feds $26.8M To End FCA Travel Fees Suit
Hahn Air Lines agreed to pay $26.8 million to resolve a whistleblower's allegations that the German airline-ticketing company violated the False Claims Act by intentionally failing to remit to the U.S. government certain travel fees the company collected from U.S. commercial airline passengers.
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May 02, 2024
Gov't Proposes Buy Ban Rule For Certain Semiconductors
The Federal Acquisition Regulatory Council said Thursday it is planning to implement a ban on federal purchases of semiconductor products from U.S. adversaries, asking for feedback from contractors on how prescriptive the pending rule should be.
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May 02, 2024
Sysco Unit To Provide Back Pay To End DOL Hiring Bias Probe
A subsidiary of restaurant food distributor Sysco Corp. will pay over $133,000 in back pay to resolve the U.S. Department of Labor's allegations that it discriminated against women by failing to hire qualified female applicants to fill open warehouse positions in Palmetto, Florida, the agency said Thursday.
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May 02, 2024
Email Exchanges Doom Honeywell Bid To Nix $20M GSA Claim
A contract appeals board wouldn't free Honeywell International Inc. from the General Services Administration's efforts to recoup an alleged $20 million overpayment on an energy deal, finding it unclear whether a 2021 agreement related to the contract barred the claim.
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May 02, 2024
Abu Ghraib Contractor Torture Liability Case Ends In Mistrial
A Virginia federal judge on Thursday declared a mistrial in a suit accusing military contractor CACI International of aiding and abetting torture at the Abu Ghraib military prison in Iraq, after the jury deadlocked following extensive deliberations.
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May 02, 2024
Pharma. Co. Wants Ex-Director To Stop Poaching Customers
A pharmaceutical company has doubled down on its bid to stop a former director from soliciting customers for a rival drugmaker, saying he's trying to twist words in his contract and make up excuses for allegedly stealing trade secrets following his termination.
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May 02, 2024
Cisco Counterfeiting Scheme Earns Fla. Man 6½ Years
A Florida resident was sentenced to 6½ years in prison after pleading guilty to running what New Jersey federal prosecutors said was an "enormous" scheme to sell over $1 billion worth of counterfeit and broken Cisco networking devices.
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May 02, 2024
11th Circ. Rules Tribal Co. Is Not Immune In Trade Secrets Suit
The Eleventh Circuit has revived a tribal-owned defense contractor's suit against another tribal-owned competitor and a former employee for allegedly stealing trade secrets, finding the competitor agreed to federal court jurisdiction when it participated in the bidding process for work on a missile detection system.
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May 02, 2024
11th Circ. Urged To Clear Final Hurdle To Interstate Water Deal
As the finish line comes into view in Georgia and Alabama's decadeslong fight over water rights, the Peach State, the federal government and a host of local water providers are urging the Eleventh Circuit to reject a bid by environmental groups to block the U.S. Army Corps of Engineers' management proposal for the Apalachicola watershed.
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May 02, 2024
Claims Court Won't Upend $21M FEMA Deal Over Doc Mix-Up
The U.S. Court of Federal Claims refused to read further misconduct into a document mix-up in the $21 million battle over a Federal Emergency Management Agency administrative deal, accepting FEMA's explanations that it made a small mistake.
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May 02, 2024
DOL Fights Bid To Halt Prevailing Wage Rule
A group of construction groups didn't show how a final rule regulating prevailing wages hurts them, and halting the rule wouldn't be in the public's interest, the U.S. Department of Labor told a Texas federal court.
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May 02, 2024
GAO Backs Navy's Cost Realism Evaluation For Support Deal
The U.S. Government Accountability Office denied a joint venture's protest of a U.S. Navy decision to tap a competitor for an operations support deal in the Philippines, saying the protest was based on a misunderstanding of cost realism evaluation requirements.
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May 01, 2024
Senate Revs Up For FAA Funding Fight
The U.S. Senate on Wednesday inched toward advancing multiyear legislation reauthorizing the Federal Aviation Administration's safety and airport improvement programs, accelerating debate on a package that would hire more air traffic controllers and enhance passenger protections amid high-profile aviation industry mishaps.
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May 01, 2024
Colo. Toll Lane Venture Says Aecom Can't Get Penalty Interest
A Colorado joint venture that formed to construct a state toll lanes project has told a federal judge that he erroneously awarded a design firm penalty interest on a $5.2 million judgment, arguing in a motion that the firm doesn't qualify as a subcontractor under Colorado law.
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May 01, 2024
Food Supplier Can't Shake Off $5M DOD Bid-Rigging Claim
A food supplier must face a U.S. Department of Defense agency's efforts to recoup the purported $5 million lost to an ex-employee's bid-rigging scheme, after a contract appeals board ruled the contractor was required to provide fair, unrigged prices.
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May 01, 2024
Billionaire Energy Co. Founder Sues Booz Allen Over IRS Leak
Energy Transfer co-founder Kelcy Warren accused government contractor Booz Allen Hamilton of failing to supervise an employee who stole Warren's private tax information and that of thousands of other wealthy people while on assignment at the IRS, according to a complaint in Maryland federal court.
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May 01, 2024
Feds Say Conn. Psychologist's Fraud Was His 'Way Of Life'
A Connecticut psychologist who pled guilty to defrauding his state's Medicaid program of $1.6 million in January should spend three years and one month in prison for a scheme that was "a way of life" rather than a momentary lapse in judgment, the government said in a sentencing memorandum.
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April 30, 2024
Texas Appeals Panel Keeps Court Reporter's AI Case Alive
An Austin, Texas, appeals panel on Tuesday kept alive a court reporter's attempt to pursue an administrative complaint against an artificial intelligence-powered "digital reporting firm," rejecting a state agency's argument that jurisdictional issues block the court reporter from seeking a writ of mandamus compelling the agency to consider her claims.
Expert Analysis
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Series
Riding My Peloton Bike Makes Me A Better Lawyer
Using the Peloton platform for cycling, running, rowing and more taught me that fostering a mind-body connection will not only benefit you physically and emotionally, but also inspire stamina, focus, discipline and empathy in your legal career, says Christopher Ward at Polsinelli.
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Compliance Steps After ABA White Collar Crime Conference
Senior law enforcement officials’ statements this month at the American Bar Association's white collar crime conference suggest government enforcement efforts this year will increasingly focus on whistleblower incentives, artificial intelligence and data protection, and companies will need to update their compliance programs accordingly, say attorneys at Baker McKenzie.
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Spartan Arbitration Tactics Against Well-Funded Opponents
Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.
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What Recent Study Shows About AI's Promise For Legal Tasks
Amid both skepticism and excitement about the promise of generative artificial intelligence in legal contexts, the first randomized controlled trial studying its impact on basic lawyering tasks shows mixed but promising results, and underscores the need for attorneys to proactively engage with AI, says Daniel Schwarcz at University of Minnesota Law School.
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Understanding Fixed-Price Gov't Contracts And Inflation Relief
Excerpt from Practical Guidance
Contractors party to fixed-price contracts should note the recent shift in the government’s approach to cost adjustments in light of inflation, and familiarize themselves with certain steps that could help mitigate economic losses arising from increased performance and delivery costs, says Craig Stetson at Capital Edge Consulting.
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BIPA's Statutory Exemptions Post-Healthcare Ruling
The Illinois Supreme Court's November opinion in Mosby v. Ingalls Memorial Hospital, which held that the Biometric Information Privacy Act's healthcare exemption also applies when information is collected from healthcare workers, is a major win for healthcare defendants that resolves an important question of statutory interpretation, say attorneys at Quinn Emanuel.
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Business Litigators Have A Source Of Untapped Fulfillment
As increasing numbers of attorneys struggle with stress and mental health issues, business litigators can find protection against burnout by remembering their important role in society — because fulfillment in one’s work isn’t just reserved for public interest lawyers, say Bennett Rawicki and Peter Bigelow at Hilgers Graben.
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Series
Skiing Makes Me A Better Lawyer
A lifetime of skiing has helped me develop important professional skills, and taught me that embracing challenges with a spirit of adventure can allow lawyers to push boundaries, expand their capabilities and ultimately excel in their careers, says Andrea Przybysz at Tucker Ellis.
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Practical Steps For Navigating New Sanctions On Russia
After the latest round of U.S. sanctions against Russia – the largest to date since the Ukraine war began – companies will need to continue to strengthen due diligence and compliance measures to navigate the related complexities, say James Min and Chelsea Ellis at Rimon.
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Bid Protest Spotlight: Conflict, Latent Ambiguity, Cost Realism
In this month's bid protest roundup, Markus Speidel at MoFo examines a trio of U.S. Government Accountability Office decisions with takeaways about the consequences of a teaming partner's organizational conflict of interest, a solicitation's latent ambiguity and an unreasonable agency cost adjustment.
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Think Like A Lawyer: Forget Everything You Know About IRAC
The mode of legal reasoning most students learn in law school, often called “Issue, Rule, Application, Conclusion,” or IRAC, erroneously frames analysis as a separate, discrete step, resulting in disorganized briefs and untold obfuscation — but the fix is pretty simple, says Luke Andrews at Poole Huffman.
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Valeant Ruling May Pave Way For Patent-Based FCA Suits
The Ninth Circuit’s recent ruling in Silbersher v. Valeant marks a significant development in False Claims Act jurisprudence, opens new avenues for litigation and potentially raises the stakes for patent applicants who intend to do business with the government, say Joshua Robbins and Rick Taché at Buchalter.
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How Firms Can Ensure Associate Gender Parity Lasts
Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.
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7 Common Myths About Lateral Partner Moves
As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.
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Series
Cheering In The NFL Makes Me A Better Lawyer
Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.