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Government Contracts

  • June 19, 2019

    Army Record Hints To What Esper Will Bring To Top DOD Role

    Unexpectedly named as the acting defense chief, Army Secretary Mark Esper is now the frontrunner to permanently lead the U.S. Department of Defense, with his record in charge of the Army giving strong hints as to what he will focus on at the top of the Pentagon.

  • June 19, 2019

    Ill. Health Care Co. Exec Pleads Guilty To Medicare Fraud

    The president of a health care company admitted to an Illinois federal judge Wednesday that he is guilty of billing the government for Medicare-covered services that some of his patients did not need.

  • June 19, 2019

    NASA Rocket Program Delayed, Over Budget, GAO Says

    NASA is unlikely to meet the 2020 launch date for the first test flights in programs that aim to send humans to the moon and eventually Mars, as the agency deals with ballooning costs and delays, a new report from the U.S. Government Accountability Office details.

  • June 19, 2019

    Gov't Had No Role In Ex-Tribal Worker's Firing, Feds Say

    A U.S. attorney urged a Washington federal judge to throw out a former tribal health executive's suit against the government alleging three Sauk-Suiattle Indian Tribe officials illegally fired him for whistleblowing about unlawful practices, asserting that the government has no control over employment decisions at the tribally owned health clinic.

  • June 19, 2019

    Conspiracy To Bribe Haitian Officials Was Explicit, Jury Hears

    Recorded conversations involving two men who were pursuing an $84 million port project in Haiti offer clear evidence that they intended to bribe government officials in exchange for approvals, a prosecutor told jurors in Massachusetts federal court Wednesday as a seven-day trial concluded.

  • June 19, 2019

    3rd Circ. Won't Revive Ex-Medco Exec's FCA Kickback Suit

    The Third Circuit has refused to revive a former Medco Health Solutions Inc. executive's False Claims Act kickback suit over allegedly secret drug discounts, agreeing with a lower court that he didn't show he was the original source of the information he based his claims on.

  • June 19, 2019

    Contractors' Ex-CEO Altered Letters To Gain Gov't Perks

    A former executive for two U.S. Department of Defense contractors has pled guilty in Florida federal court to altering documents that gave him and his employees access to free government benefits while in Afghanistan, the U.S. Department of Justice said.

  • June 19, 2019

    Fla. Enviro Can't Ditch $4.4M 'Malice' Verdict Over Project

    A Florida appeals court on Wednesday upheld a jury’s $4.4 million verdict against an environmentalist for pressuring local officials to squash a contractor’s deal for a mining and water treatment project, deciding the activity wasn’t free speech because she lied when she lobbied against the plan.

  • June 19, 2019

    House Backs Push To Block Trump’s Border Wall Funding

    The U.S. House of Representatives urged a California federal judge Wednesday to block President Donald Trump’s efforts to reallocate defense dollars to a promised border wall's construction, arguing in an amicus brief the move unconstitutionally circumvents Congress’ authority to control federal appropriations.

  • June 19, 2019

    Mass. Agency Hit With $21M Verdict For Dredging Overruns

    A Boston jury has awarded more than $21 million to a pair of marine contracting companies after finding a quasi-government agency dramatically underestimated the cost of a dredging project and refused to pay the additional money needed to complete the job.

  • June 18, 2019

    Calif. Tribes Lose Bid For Exclusivity Over Card Games

    A California federal court on Tuesday tossed three tribes' suit accusing California of failing to enforce a ban on "banking and percentage" card games in nontribal casinos, finding that state-tribal compacts don't offer a right of exclusivity beyond what is provided by the state constitution.

  • June 18, 2019

    Shanahan Steps Down From DOD, Citing Family Situation

    Acting Defense Secretary Patrick Shanahan stepped down Tuesday and withdrew from consideration to permanently lead the Pentagon, saying that continuing with the confirmation process would force his children to relive a “painful and deeply personal family situation.”

  • June 18, 2019

    NASA Audit Finds Lab Security Issues Threaten Systems, Data

    NASA’s Jet Propulsion Laboratory has significant cybersecurity weaknesses that put the agency’s systems and data at risk, including a lack of information security controls and a backlog of flagged vulnerabilities, according to an internal audit released Tuesday.

  • June 18, 2019

    DC Circ. Upholds SEC's Pay-To-Play Rule Over GOP Protest

    The D.C. Circuit affirmed Tuesday the U.S. Securities and Exchange Commission's authority to implement a rule meant to address "pay-to-play" practices by which government officials managing public funds might hire investment advisers based on their political contributions.

  • June 18, 2019

    Challengers Seek Partial Win Over Trump's '2-For-1' Order

    Three public interest groups asked a D.C. federal judge to hand them a quick victory on portions of their challenge to President Donald Trump's executive order requiring federal agencies to rescind two regulations for every new one created, arguing that new evidence demonstrates harm caused by the mandate.

  • June 18, 2019

    Feds Tell 2nd Circ. McDonnell Can't Save Skelos This Time

    Prosecutors urged the Second Circuit not to disturb the corruption convictions of former New York lawmaker Dean Skelos and his son Adam at a retrial last year, saying that unlike after their first trial, the U.S. Supreme Court's McDonnell ruling can't help them.

  • June 18, 2019

    Water District Withdraws 9th Circ. Appeal Over Tribe's Share

    The Ninth Circuit has granted the Central Arizona Water Conservation District's request to drop its appeal of a ruling requiring the district to deliver 10,000 acre-feet of additional water to the Ak-Chin Indian Community each year there is enough to spare.

  • June 18, 2019

    Added Details Keep Mass. Hospital Overbilling Claims Alive

    A former anesthesiologist at Massachusetts General Hospital has provided enough detail to suggest the hospital may have overbilled Medicare and Medicaid for time patients spent in surgery without a teaching physician in the room, a federal judge ruled in allowing a False Claims Act suit to proceed.

  • June 17, 2019

    Watchdog Says Lax Oversight On F-35 Parts Cost DOD $300M

    The U.S. Department of Defense has failed to timely address issues with F-35 spare parts that don't meet contractual requirements, potentially costing it more than $300 million for related workarounds, according to a watchdog report released Monday.

  • June 17, 2019

    Energy Dept. Mismanaged $1.2B IT Contract, Watchdog Says

    The U.S. Department of Energy's Office of the Inspector General has called out the agency's management of a $1.2 billion information technology support services contract, with an audit finding there may have been significant overspending on labor costs.

  • June 17, 2019

    Ala. Transit Operator Can't Shake Grant Dispute, Court Told

    A pair of whistleblowers on Friday stood by their suit accusing the Birmingham Jefferson County Transit Authority of fraudulently obtaining and using millions in federal grant funds, arguing that the claims are straightforward and sufficiently detailed.

  • June 17, 2019

    Second Look Frees Insurer From Covering Faulty Work Claims

    A Texas federal judge has ruled Mt. Hawley Insurance Co. does not have to defend a contractor joint venture from a lawsuit over allegedly faulty work on a San Antonio-area sports complex, reversing the court’s previous decision after taking another look at the case.

  • June 17, 2019

    DOJ Addicted To Failed FCA Theory, Hospital Chain Says

    The U.S. Department of Justice is clinging to a discredited False Claims Act theory that improperly imposes stricter billing standards in privately run Medicare Advantage than traditional government-run Medicare, California hospital chain Sutter Health said Friday.

  • June 17, 2019

    3 Firms Vying For Lead In Clean Fuel Stock-Drop Suit

    The Rosen Law Firm PA, Wolf Haldenstein Adler Freeman & Herz LLP and Bragar Eagel & Squire PC each asked a Florida federal court to be appointed lead counsel in a proposed class action accusing a clean energy company of artificially inflating its stock by misleading investors about securing a lucrative contract.

  • June 17, 2019

    Recycling Co. Asks 9th Circ. To Make Reno Face Antitrust Suit

    A Nevada recycling company has asked the Ninth Circuit to overturn a ruling by a federal judge that dismissed its lawsuit against rivals and the city of Reno for allegedly monopolizing the market for recyclable materials.

Expert Analysis

  • An Ethics And Compliance Punch List For Gov't Contractors

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    The U.S. Department of Justice recently reiterated that it will not tolerate government contractors that lack a required business and ethics compliance program. With consequences so high, now is the time for companies that have fallen behind to catch up, say Robert Tompkins and Rodney Perry at Holland & Knight.

  • Return Mail May Make COFC More Attractive To Patent Holders

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    Last week, in Return Mail v. United States Postal Service, the U.S. Supreme Court held that the federal government cannot use any of the three post-issuance proceedings created by the America Invents Act. William Bergmann and Michael Anderson of BakerHostetler examine this decision's effect on future patent infringement claims against the government in the U.S. Court of Federal Claims.

  • A Guide To FCA Cooperation Credit For Life Sciences Cos.

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    Though the U.S. Department of Justice's guidelines on cooperation credit in False Claims Act matters fail to answer some key questions, they do describe how life sciences companies can cooperate without admitting liability — though companies may need to share information with the U.S. Food and Drug Administration as well, say attorneys at Ropes & Gray.

  • Government Contractor Compliance: 1 Size Can’t Fit All

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    Contractors that do business with federal, state and local government entities face an interesting — and intensifying — predicament: How to develop a comprehensive yet straightforward compliance program that satisfies varying laws in varying jurisdictions, say Jeniffer Roberts and Katherine Veeder at Alston & Bird.

  • 5 Ways Law Firms Can Improve Their Job Interviews

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    When evaluating potential new hires, law firms should utilize structured interviews in order to create a consistent rating system that accurately and effectively assesses candidates' skills and competencies, says Jennifer Henderson of Major Lindsey.

  • A Rare Antitrust Deferred Prosecution Agreement From DOJ

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    The significant question raised by Heritage Pharmaceuticals' deferred prosecution agreement — the U.S. Department of Justice Antitrust Division's first DPA with a company other than a bank — is whether it signals a broader openness to such agreements by the division, say Peter Huston and Alex Bourelly at Baker Botts.

  • The End Of AIA Patent Challenges By Gov't

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    This week, the U.S. Supreme Court held in Return Mail v. U.S. Postal Service that the federal government is not capable of petitioning for post-issuance review of a patent under the America Invents Act, but the practical reach of the ruling may be limited, say Scott Felder and Alexander Owczarczak of Wiley Rein.

  • NC Ruling Illustrates Gov't Immunity's Evolving Landscape

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    A recent decision by the Supreme Court of North Carolina demonstrates the potential threats local governments face as they take on urban revitalization and how standards for governmental immunity continue to evolve, says Dylan Castellino at Poyner Spruill.

  • Series

    Why I Became A Lawyer: A Fateful Phone Call

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    When I was growing up, my mother was always the more mild-mannered parent. But during a trans-Atlantic phone call in 1991, when I told her I wanted to go to culinary school instead of law school, she started yelling — at a volume I had never heard from her, says Jason Brookner of Gray Reed.

  • Law Firms Can Do Better With Their Mentoring Programs

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    There are a few practical, proactive steps law firms can take to create a mentoring program that pays dividends — instead of creating a mediocre program that both parties see as an obligation, says Kate Sheikh of Major Lindsey & Africa.

  • The Latest Developments In Criminal Cases Against Execs

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    This spring, there was some noteworthy news in white collar government investigations impacting executives, including the first successful prosecution in the opioid bribery scheme and the first criminal charges for failure to report under the Consumer Product Safety Act, say attorneys at Miller & Chevalier.

  • 'Rocket Docket' Justifies Its Name For 11th Straight Year

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    The U.S. District Court for the Eastern District of Virginia “rocket docket” is still the fastest federal civil trial court in the country despite some recent trends causing its median time to trial to grow to 13.2 months, says Robert Tata of Hunton.

  • The NLRB's Mixed Messages About Chain Of Command Rules

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    While the National Labor Relations Board decision in PAE Applied Technologies reaffirmed the board's long-standing hostility to chain of command restrictions on government contractor employee communications, the decision may also include an exception to the rule, says Daniel Altchek of Miles & Stockbridge.

  • Takeaways From The High Court's Medicare Ruling

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    Monday's U.S. Supreme Court decision in Azar v. Allina Health Services, a case affecting all hospitals that care for Medicare-eligible patients, has potentially far-reaching implications for the government’s ability to change Medicare policy, say Michael Kimberly and Ethan Townsend at McDermott.

  • Measuring The Value Of A Law Firm's Social Media Efforts

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    Most legal marketers struggle to show the return on investment of their social media efforts, but establishing and answering several key questions can help demonstrate exactly how social media programs contribute to a law firm's bottom line, say Guy Alvarez of Good2bSocial and communications consultant Tom Orewyler.