Government Contracts

  • December 12, 2019

    GAO Says Army Reasonably DQ'd Exercise Equipment Bidder

    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.

  • December 12, 2019

    Rite Aid Beats FCA Suit Over Alleged Billing Scheme

    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.

  • December 12, 2019

    DOD Watchdog To Probe $400M Border Wall Contract

    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.

  • December 11, 2019

    Oracle's Pay Unequal By Up To $800M, Economist Testifies

    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.

  • December 11, 2019

    Manila Utility Won't Enforce $145.6M Philippines Award

    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.

  • December 11, 2019

    Gov't Charges 15 In VA Hospital Kickback Scheme

    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.

  • December 11, 2019

    House Passes Final $738B Defense Bill

    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.

  • December 11, 2019

    Second Judge Slams Trump’s Bid To Divert $3.6B For Wall

     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.

  • December 11, 2019

    Fla. Court Won’t Dismiss Pelvic Mesh Discovery Complaint

    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.

  • December 10, 2019

    Female Engineer Says Oracle Fired Her After Pay Pushback

    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.

  • December 10, 2019

    Texas Federal Judge Blocks $3.6B In Border Wall Funding

    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.

  • December 10, 2019

    Watchdog To Investigate DOD Deployment To Southern Border

    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.

  • December 10, 2019

    Feds Tell Justices VA Correctly Rejected Vet Biz's Contract Bid

    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.

  • December 10, 2019

    Israeli Gov't Contractor Settles SEC Fraud Suit Over Merger

    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.

  • December 10, 2019

    Justices Suggest Gov't Flouted ACA Duty To Insurers

    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.

  • December 09, 2019

    Army To Revisit Bids Amid Protests Over $82B Logistics Deal

    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.

  • December 09, 2019

    Amazon Says Trump Bias Led To Errors In $10B JEDI Deal

    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.

  • December 09, 2019

    Ex-Polsinelli Partner Boosts Dinsmore Gov’t Contracts Group

    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.

  • December 09, 2019

    Gov't Escapes Whistleblower's Bid For Piece Of $3.27M Deal

    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.

  • December 09, 2019

    High Court Won't Hear Bid To Dump Landfill Dispute

    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.

  • December 09, 2019

    Energy Transfer Investor Says Pa. Coerced Into OKing Pipeline

    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.

  • December 09, 2019

    3rd Circ. Not Convinced Feds Liable For NJ Site Cleanup

    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.

  • December 06, 2019

    Ex-Oracle Workers Air Grievances In $400M Pay Equity Trial

    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.

  • December 06, 2019

    GAO Backs Air Force's Cutting Of Co. From $13B Contract

    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. 

  • December 06, 2019

    2nd Circ. Tosses Former RNC Official’s Hacking Suit

    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.

Expert Analysis

  • When Gov't Seeks Dismissals Of Life Sciences FCA Cases

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    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.

  • Strategies To Maintain Privilege In Crisis Response Scenarios

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    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.

  • CMS Stark Law Revisions Propose 2 Key Exceptions

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    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.

  • Understanding Gov't Contractor Defamation Privilege

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    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.

  • How To Ward Off Nonclient Suits Over Lawyers' Speech

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    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.

  • US Pay Equity Progress Hinges On Data Transparency

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    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.

  • Beware Gov't Contract Practices That May Signal Collusion

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    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.

  • What Is A 'Reasonably Useful Form' For Production Of ESI?

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    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.

  • Bid Protest Spotlight: Tradeoffs, Venue, Ambiguity, Licenses

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    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.

  • Scrutiny Of Patient Assistance Program Funding Is Rising

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    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.

  • Patent Decision Highlights Cross-Appeal Considerations

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    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.

  • Ohio Tax Talk: 3 Tax Exemption Takeaways In Contractor Case

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    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.

  • Tracking 3 Enforcement Trends In Health Care

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    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

    Book Review: Who's To Blame For The Broken Legal System?

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    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.

  • Contractors Shouldn't Panic Over Record OFCCP Recoveries

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    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.