Government Contracts

When Gov't Seeks Dismissals Of Life Sciences FCA Cases

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

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

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

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

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

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

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?

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

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

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

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

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

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?

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

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.