The U.S. Government Accountability Office ruled that the U.S. Army reasonably disqualified a $14.5 million bid from a New York-based company on a contract for combat fitness test equipment, saying the competitor failed to provide clear information about its products.
A Michigan federal judge on Thursday pulled the plug on a pharmacist’s False Claims Act lawsuit claiming Rite Aid Corp. ran a scheme to defraud Medicare and other health care programs, finding his claims were too close to those already publicly disclosed by the time he sued.
The Pentagon's watchdog on Thursday agreed to investigate a $400 million wall construction contract awarded to a North Dakota company after the top Democrat on the House Homeland Security panel called for a probe of the deal.
Oracle underpaid female, Asian and African American employees, a University of Pennsylvania labor economist testified on Wednesday in an administrative trial over the U.S. Department of Labor's gender and race pay equity claims, estimating that damages stemming from the underpayment could reach up to $800 million.
One of Manila's water services utilities confirmed Wednesday that it will not enforce a $145.6 million arbitral award against the Philippines and will renegotiate an underlying contract, a move that comes after the country pulled the plug on the deal and filed criminal charges against the company.
Federal prosecutors on Wednesday announced charges against 15 U.S. Department of Veterans Affairs Medical Centers employees and vendors, alleging that they participated in a kickback scheme that inflated prices charged to the government for medical supplies and services.
The U.S. House of Representatives on Wednesday passed a $738 billion defense budget bill that will establish a U.S. Space Force, with Democrats largely backing away from a threat to oppose the legislation after environmental and other policy clauses were removed.
A California federal judge on Wednesday blocked the Trump administration from using $3.6 billion in military construction funds to build a wall along the U.S.-Mexico border, but gave the government time to appeal before the order goes into effect.
A Florida appeals court on Wednesday denied a petition from a pelvic mesh maker seeking to quash a complaint for discovery, saying it doesn’t have jurisdiction because the company hasn’t shown it will suffer irreparable harm.
A female engineer formerly employed by Oracle testified Tuesday in an administrative trial over the U.S. Department of Labor's claim that Oracle underpaid women and minorities by $400 million, saying that after she requested a salary review, her manager yelled at her, passed her over for promotion and eventually fired her.
A Texas federal judge issued a nationwide injunction Tuesday blocking the Trump administration’s plan to put $3.6 billion in defense funding toward a wall along the U.S.-Mexico border, ruling the administration overstepped its authority when it tried to augment Congress’ allocation for the wall with the funds.
A U.S. Department of Defense watchdog said Tuesday it will evaluate the use of U.S. troops and resources at the southern border after it received multiple requests for an investigation.
The federal government has urged the U.S. Supreme Court to reject a veteran-owned small-business’ petition over having lost out on a roofing contract with the U.S. Department of Veterans Affairs, arguing that a contracting officer was following the law in rejecting the company’s bid.
Israeli government communications contractor Ability Inc. settled securities fraud claims brought by the U.S. Securities and Exchange Commission on Tuesday, agreeing to pay an undisclosed amount in fines and disgorgement.
The federal government struggled to convince the U.S. Supreme Court on Tuesday that it doesn’t have to cover the billions of dollars that insurance companies lost in the first few years of the Affordable Care Act under the health care law’s "risk corridor" program.
The U.S. Army will reconsider proposals it received for a recent $82 billion logistics procurement, the federal government told the U.S. Court of Federal Claims on Monday, specifying it will review bidders’ prices following several protests.
Amazon’s two-week-old lawsuit over Microsoft receiving a controversial and widely publicized $10 billion defense contract was unsealed Monday to reveal allegations of “egregious errors” by the Pentagon driven by pressure from President Donald Trump to short Amazon.
After successfully launching government contract practices at two other firms, a former Polsinelli PC partner who has four decades of legal experience has joined Dinsmore & Shohl LLP’s Washington, D.C., office to bolster its emerging government contracts group.
A whistleblower who helped unveil a Michigan doctor's health care fraud can't share in a $3.27 million settlement related to the scam because he didn't allege the specific activities that were tied to that amount, a Michigan federal court ruled Monday.
The U.S. Supreme Court on Monday declined to block a lawsuit from a Waste Management Inc. subsidiary claiming that a rival sought to push it out of the post-Hurricane Katrina market through a bribery campaign based on what the competitor called ambiguous evidence.
An Energy Transfer LP shareholder claims in a derivative suit filed Saturday that CEO Kelcy Warren and other leading executives coerced or may have bribed Pennsylvania Gov. Tom Wolf's administration to approve a $3 billion natural gas pipeline.
The Third Circuit appeared skeptical Monday that the federal government should chip in for cleanup costs associated with a New Jersey chromium chemical facility owned by PPG Industries Inc., questioning how the government could be considered an “operator” liable for remediation when it had no daily presence at the site.
An administrative trial in the U.S. Department of Labor’s $400 million race and sex bias suit against Oracle included testimony Friday from a former employee who felt "lowballed” and from the company's director of diversity, who said Oracle has an affirmative action plan but no centralized way to measure whether it's effective.
The U.S. Government Accountability Office rejected a small business' protest over the U.S. Air Force excluding it from consideration for a share of a $13 billion information technology contract, saying the Air Force reasonably decided the company hadn't met technical requirements.
The Second Circuit on Friday denied a bid by a former top Republican Party official to sue a diplomat who was allegedly part of a Qatari smear campaign against him, saying there was little evidence to support the claims.
Federal courts across the country are handing down important rulings interpreting the U.S. Supreme Court’s landmark decision on False Claims Act liability in Universal Health Services v. Escobar. As the rulings keep pouring in, stay up to speed on Law360’s latest coverage and analysis of Escobar’s impact.
Recent False Claims Act cases highlight key considerations for defendants regulated by the U.S. Food and Drug Administration when requesting that the U.S. Department of Justice dismiss their cases on grounds that they would distract from the FDA’s public health responsibilities, say attorneys at Ropes & Gray.
In several recent cases, courts have overridden claims that attorney-client privilege applies to communications with public relations firms in connection with litigation and to documents generated in internal investigations, but businesses can use several best practices to avoid the potential risk of waiving privilege, say attorneys at Ropes & Gray.
The physician remuneration and cybersecurity technology services exceptions in the Centers for Medicare & Medicaid Services' recently proposed amendments to the Medicare physician self-referral law would create much-needed flexibility for providers, though certain aspects are puzzling, say Patricia Markus and Hannah Cross of Nelson Mullins.
Sometimes government contractors' negative statements may be protected by privilege or under contract from defamation and related state law claims, say Joseph Meadows and Jonathan Harrison at Bean Kinney.
Because lawyers are often sued by nonclients based on public statements they have made, lawyers should be trained to avoid potentially actionable statements when speaking and writing, and they should also understand the overarching defenses against such lawsuits, says Matthew O’Hara at Freeborn & Peters.
The U.S. Equal Employment Opportunity Commission's recent decision not to collect aggregate pay data from employers puts the U.S. far behind other countries, which seek to alleviate long-lasting pay gaps through the collection and publication of compensation information, say Lynne Bernabei and Kristen Sinisi at Bernabei & Kabat.
In response to the U.S. Department of Justice's recent announcement of heightened antitrust enforcement for the government procurement process, contractors should understand the red flags considered indicative of potential collusive activity, say Gail Zirkelbach and Eric Ransom at Crowell & Moring.
While federal rules require production of electronically stored information in its native format or a "reasonably useful form," recent court rulings offer guidance on avoiding production of ESI in its native format when it would be unduly burdensome, say Matthew Hamilton and Donna Fisher at Pepper Hamilton.
In this month's bid protest roundup, Lauren Horneffer and Markus Speidel at MoFo examine four November decisions: The U.S. Government Accountability Office weighs in on technical tradeoff factors, jurisdiction and unacceptable ambiguity in price determinations; and the U.S. Court of Federal Claims considers whether a license requirement unduly restricts competition.
Recent anti-kickback enforcement actions from the U.S. Department of Justice highlight why relationships between pharmaceutical companies and funds that help patients afford prescriptions must maintain the required hallmarks of independence, say attorneys at Loeb & Loeb.
The Federal Circuit's recent decision in IPR Licensing overruled precedent to hold that the cross-appeal rule is not jurisdictional, demonstrating the complexity of this seemingly simple rule and its various applications within the circuit courts, says Michael Soyfer at Quinn Emanuel.
The Ohio Court of Appeals' recent decision in Karvo Paving v. Testa provides important guidance on three of the most commonly utilized exemptions to Ohio sales and use tax: the sale for resale, the affiliated party sales exemption for employment services, and the casual sale, say Jeremy Hayden and Christopher Tassone of Frost Brown.
Now is a good time to consider the issues that received enforcement attention in the health care industry this year and how they may shape developments in 2020, says Jaime Jones at Sidley.
Perspectives
The provocative new book by Alec Karakatsanis, "Usual Cruelty: The Complicity of Lawyers in the Criminal Injustice System," shines a searing light on the anachronism that is the American criminal justice system, says Sixth Circuit Judge Bernice Donald.
A close look at the Office of Federal Contract Compliance Programs’ record recoveries from government contractors in fiscal year 2019 shows the agency’s momentum is unlikely to hold through 2020, when fewer Obama-era audits remain to be resolved, say former OFCCP Director Ondray Harris and Christy Kiely of Hunton.