Government Contracts

  • August 20, 2019

    American Airlines To Pay $22M To End False Mail Time Claims

    American Airlines will shell out $22.1 million to resolve claims it lied about delivery times on mail it delivered in the United States as well as abroad, the U.S. Department of Justice announced Tuesday.

  • August 20, 2019

    Trump Calls Off Danish Summit Amid Friction Over Greenland

    President Donald Trump on Tuesday called off his scheduled meeting with Danish Prime Minister Mette Frederiksen in light of Frederiksen’s unwillingness to discuss selling the autonomous territory of Greenland to the U.S. government.

  • August 20, 2019

    Ex-CEO To Pay $20M Over Small-Biz Contracting Scheme

    A Virginia defense contractor’s former CEO agreed to fork over $20 million to settle allegations that he violated the False Claims Act by fraudulently winning small-business contracts his company wasn’t eligible for, the U.S. Department of Justice said Tuesday.

  • August 20, 2019

    Claims Court Says SC Must Chase Congress For Nuke Funds

    The U.S. Department of Energy can’t be forced to make payments to South Carolina for its failure to meet milestones to reprocess weapons-grade plutonium if Congress didn’t provide funds to do so, a Court of Federal Claims judge ruled Tuesday.

  • August 20, 2019

    Gov't Wants FCA Claims Against UnitedHealth Unit Tossed

    The government asked a Pennsylvania federal court on Tuesday to toss a whistleblower's lawsuit accusing a UnitedHealth Inc. unit of hospital billing fraud, claiming that the costs of discovery during the seven-year-long litigation don't justify keeping the suit alive.

  • August 20, 2019

    Army Contractor Says Unpaid Rest Breaks Didn't Violate Law

    VSE Corp. urged a Texas federal judge Monday to issue an order declaring that the Army contractor did not violate federal labor law by requiring unpaid 15-minute rest breaks in a union contract with the International Association of Machinists and Aerospace Workers.

  • August 20, 2019

    House Says Trump Can't Use Defense Money For Border Wall

    The U.S. House of Representatives has chimed in to support litigation seeking to block President Donald Trump’s diversion of defense money to build a southern border wall, telling the Ninth Circuit that the administration is defying the American system of checks and balances.

  • August 19, 2019

    Watchdog Backs GSA's Use Of Old Small Biz Size Standard

    The U.S. General Services Administration reasonably decided that a recent law granting companies more time before "sizing out" of federal small business programs didn't apply to an intake process for a massive professional services contract, the U.S. Government Accountability Office said Monday.

  • August 19, 2019

    DOD, Lockheed Want FOIA Bid Blocked After High Court Case

    A recent U.S. Supreme Court ruling should block an advocacy group's Freedom of Information Act request for documents the group claims demonstrate the U.S. Department of Defense is skirting small business contracting requirements, the Pentagon and Lockheed Martin told a California federal court.

  • August 19, 2019

    Utah Patient Can't Overcome 'Stingy' Gov't Immunity Law

    The Utah Supreme Court tossed a suit accusing a University of Utah medical professor of botching a woman's surgery, saying the patient failed to meet the strict requirements laid out by the "deliberately stingy" Utah Governmental Immunity Act.

  • August 19, 2019

    90 Seconds Late Is Too Late, Says Claims Court

    A cybersecurity contractor missed its chance when it submitted a quote just 90 seconds after the deadline, a U.S. Court of Federal Claims judge said Monday.

  • August 19, 2019

    Ex-Palm Springs Mayor Indicted On Bribery, Perjury Charges

    A California grand jury has indicted the former mayor of Palm Springs for allegedly accepting $375,000 in bribes from two local developers and failing to disclose his financial ties to the developers in sworn statements, according to the Riverside District Attorney’s Office.

  • August 19, 2019

    UHS Directors Escape Derivative Suit Over Billing Practices

    A Pennsylvania federal judge on Monday dismissed a derivative suit alleging Universal Health Services Inc. officers and directors misled investors about an overbilling scheme, saying the investors should have asked the UHS board to bring the litigation before they did.

  • August 19, 2019

    Fla. Contractor To Settle Small Biz False Claims For $500K

    A large Florida contractor has agreed to pay $500,000 to resolve allegations that it violated federal law by submitting claims to receive government funds for a NASA demolition project in the state that should have gone to a small business, according to federal prosecutors.

  • August 19, 2019

    Ga. Defense Co. Strikes $2.4M Deal To Resolve FCA Claims

    A Georgia-based defense contractor has agreed to fork over up to $2.4 million to resolve a whistleblower's allegations that it sold defective battery systems to U.S. military bases, the federal government said Monday.

  • August 19, 2019

    Immigrant Detainees Sue Over 'Deplorable' Medical Care

    Immigrant detainees filed a proposed class action Monday accusing U.S. Immigration and Customs Enforcement of shirking its legal obligation to provide adequate medical, mental health and disability accommodations at 158 detention facilities nationwide.

  • August 19, 2019

    Oil Co. Hits Timor Leste With $23M Arbitration Counterclaim

    Australian company Oilex Ltd. has filed a $23.3 million counterclaim against Timor Leste’s petroleum and mining regulator in an arbitration dispute related to the termination of an oil production sharing contract.

  • August 19, 2019

    DOD Streamlines Security Approval Process For Cloud Cos.

    The U.S. Department of Defense will allow cloud service providers to host unclassified data without explicit permission from the department in an effort to speed up the security testing process, the department announced Friday.

  • August 16, 2019

    Trump's Greenland Folly: 'Not As Simple As Buying A Resort'

    President Donald Trump spent decades affixing his name to flashy properties, but his reported interest in purchasing the autonomous territory of Greenland — while legally feasible — would be fraught with logistical, political and pragmatic hurdles.

  • August 16, 2019

    DOI, Lessee Fight DC Circ. Appeal Over Mont. Lease

    The U.S. Department of the Interior and an oil and gas lessee told the D.C. Circuit on Thursday not to upset a decision directing the reinstatement of a Montana lease, with the agency saying the appeal is moot because the government complied with the order.

  • August 16, 2019

    Lawmakers Back $8B Fighter Jet Sale To Taiwan

    A bipartisan group of lawmakers praised the Trump administration Friday for approving an $8 billion sale of F-16 fighter jets to Taiwan, saying the move would help to counter increasingly aggressive military actions by China.

  • August 16, 2019

    7th Circ. Nixes Sanctions In Medicare Reimbursement Suit

    The Seventh Circuit ruled Thursday that a lower court erred when it dismissed a lawsuit accusing State Farm of failing to reimburse Medicare Advantage organizations for medical expenses arising from car accidents and imposed sanctions on the groups’ attorneys for an “understandable” mix-up.

  • August 16, 2019

    10th Circ. Revives RICO Suit Against Whistleblower, Attys

    The Tenth Circuit has ruled that a whistleblower who prevailed in a False Claims Act case against a Utah doctor for conducting unnecessary heart procedures must now face claims that he conspired with two law firms to illegally obtain patient records to pursue malpractice cases.

  • August 16, 2019

    Fla. Judges In Ethical Hot Water For Backing Contract Hopeful

    Five Florida judges acted inappropriately and violated the state’s judicial conduct code when they signed a letter urging a state agency to choose a private company for a $500 million contract to service children in the state, an investigative panel of the state’s Judicial Qualifications Commission found.

  • August 16, 2019

    Guardian Healthcare Pays $2M To End Medicaid Fraud Claims

    Boston-based home health company Guardian Healthcare LLC has agreed to pay $1.95 million to resolve allegations it billed Massachusetts' Medicaid program for services rendered to patients without first receiving proper clearance, the state's attorney general's office said.

Expert Analysis

  • Uncertainty On Hospital Disproportionate Share Pay Eligibility

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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.