Government Contracts

Uncertainty On Hospital Disproportionate Share Pay Eligibility

In two recent disputes over whether hospitals serving a disproportionate number of low-income patients qualify for additional payments under Medicare and Medicaid, hospitals can claim one tentative win at the U.S. Supreme Court and one loss at the D.C. Circuit, say Stuart Gerson and Rob Wanerman of Epstein Becker.

Reinforcing Insurance Coverage For Gov't Investigations

The Superior Court of Delaware's recent decision in Conduent v. AIG Specialty Insurance adds to the authority that government investigations satisfy the "claim" and "wrongful act" definitions in claims-made professional liability insurance policies, and is instructive as to how policyholders can strengthen their coverage, say Donovan Hicks and Brian Scarbrough of Jenner & Block.

Anti-Discrimination Essentials From New OFCCP Guidance

Recent guidance from the Office of Federal Contract Compliance Programs contains key contractor compliance points regarding practical significance in equal employment opportunity analysis, validation of employee selection procedures, and pay analysis groupings, say Lisa Harpe and Sarah Layman at DCI Consulting.

California Tax Takes: A Tool To Fight Underpayment Penalties

If the California Legislature adds tax claims to the ambit of the state False Claims Act, taxpayers would need to evaluate their potential exposure to the large corporate understatement penalty or consider challenging the penalty as an excessive fine, pursuant to the recent U.S. Supreme Court decision in Timbs v. Indiana, say attorneys at Reed Smith.

Crisis Messaging To Protect Law Firm Brand And Bottom Line

When crises occur, such as data security incidents or gender bias suits, a well-prepared law firm has a thoroughly tested communications plan at the ready, which ensures the firm is the most proactive news source, prevents the crisis from escalating and notifies stakeholders about mitigation efforts, says Zach Olsen at Infinite Global.

The Escalating Sanctions Against Venezuela, Russia And Iran

The past few weeks saw a flurry of activity demonstrating that imposition and enforcement of economic sanctions against Venezuela, Russia and Iran — and by extension China — continues to be a key driver for the Trump administration in confronting foreign policy challenges, say attorneys at Kirkland.

Unpacking The OFCCP's Proposed Audit Compliance Letters

If implemented, the new compliance review scheduling letters proposed by the Office of Federal Contract Compliance Programs will demand more detailed data at the commencement of an audit than ever sought before, say attorneys at Jackson Lewis.

TM Case At The Intersection Of Antitrust And Design Law

The recent Texas federal court case Tricon Precast v. Easi-Set involves a potential use of antitrust law that is highly unusual and may be unprecedented: arguing, via the statutory defense against claims of trademark infringement, that use of an industrial design trade dress violates U.S. antitrust laws, says Rick Sanders of Aaron Sanders. 

Perspectives

What You Should Know About Courtroom Closures

At attorney Greg Craig’s trial in D.C. federal court this week, the courtroom was cleared so prospective jurors could answer sensitive questions. Even seasoned litigators were left wondering about the nature of this subtle, yet significant, issue involving Sixth Amendment public trial rights, says Luke Cass at Quarles & Brady.

A Look At The SBA's All Small Mentor-Protégé Program

The U.S. Small Business Administration’s growing All Small Mentor-Protégé Program can benefit protégés and mentors alike, but, as a recent case before the SBA’s Office of Hearings and Appeals illustrates, the rules for joint-ventures bidding remain confusing, says Ambika Biggs of Hirschler Fleischer.

Bar Still High For Injunctive Relief In NJ Public Bidding Cases

A recent unreported New Jersey Appellate Division decision demonstrates that a showing of likelihood of success on the merits is still necessary to obtain temporary injunctive relief in public bidding cases, despite expectations that 2013's Waste Management decision would relax this standard, say Kenneth Oettle and Michael Carucci of Sills Cummis.

Series

Why I Became A Lawyer: A Seaweed Scientist's Odyssey

In the early 1980s, I was working on my Ph.D. in marine biology and ecology. As part of an international team of scientists studying oil spill impacts on marine ecosystems, I saw a niche opportunity to combine science and law, says Andrew Davis of Shipman & Goodwin.

Opinion

Amending Calif. FCA Is Not The Best Way To Fight Tax Gap

As the California Legislature reconvenes on Aug. 12, one of the bills under Senate consideration will be A.B. 1270, which would amend the state False Claims Act to include tax claims. As an alternative to this drastic step, the Legislature should consider funding existing tax whistleblower programs, says Eric Coffill of Eversheds Sutherland.

Bid Protest Spotlight: RFP Detail, Presumptions, Data Rights

In this month's bid protest roundup, Locke Bell of Morrison & Foerster discusses three July decisions — a U.S. Government Accountability Office reminder that proposals must be well written, a U.S. Court of Federal Claims decision depicting the presumption in favor of agency fairness and an example of the GAO’s unwillingness to decide third-party data disputes.

Opinion

Clients Benefit From Law Firm Expense Growth

Although there continue to be corporate clients who are seduced by the idea that cheapest is always best when it comes to outside counsel, there are many negative implications on service delivery that result from myopically focusing only on cost reduction at the expense of quality and innovation, says Keith Maziarek at Katten Muchin.