A federal judge has ordered KBR Inc. to turn over a slew of internal fraud investigations to a False Claims Act relator, and experts say the ruling's broad wording could weaken attorney-client privilege for internal investigations prepared by government contractors and other heavily regulated companies.
Senators questioned the Department of Energy and its contractors at the Hanford nuclear site in Washington state about the firing of two employees who raised concerns about safety, saying that the DOE must support whistleblowers and should reconsider its practice of paying legal fees of contractors accused of wrongfully firing employees.
A former administrator at the General Services Administration who was ousted after a scandal over exorbitant spending during a 2010 Las Vegas training conference will be reinstated and granted 19 months of back pay after being exonerated on Thursday.
National Guard members urged the Ninth Circuit on Monday to rebuff defense contractor KBR Inc.'s contention that a recent U.S. Supreme Court ruling killed an $81 million judgment in a toxin exposure suit, arguing an Oregon federal court has jurisdiction over the case.
Former employees of a Fort Lauderdale, Fla.-based college targeting the school in a False Claims Act suit sought a quick win in Florida federal court Monday, saying the school's denial that it incentivized admissions counselors in violation of federal law doesn't stand up to the evidence.
Treasury Solutions Holdings Inc. urged the Ninth Circuit on Tuesday to revive its case accusing Upromise Inc. and Vanguard Group Inc. of interfering with its contract to advise Nevada's College Savings Plan, arguing that the lower court was wrong to find Treasury Solutions sued too late.
The nominated National Security Agency and U.S. Cyber Command chief told the Senate Armed Services Committee during his confirmation hearing Tuesday that the agencies have too many contractors in core positions when it should rely on military and government personnel.
The U.S. Navy announced Monday it has awarded nearly $1.4 billion in contract modifications to a Lockheed Martin Corp.-led industry team and Australian company Austal Ltd. for the construction of four new littoral combat ships.
Teva Pharmaceuticals USA Inc. will pay the U.S. Department of Justice and the state of Illinois $27.6 million for allegedly paying a doctor to push prescriptions of a risky antipsychotic drug used to treat schizophrenia to patients, the DOJ announced Tuesday.
Successfully handling high-profile matters, with and against so many well-known insurance coverage professionals, offered me a chance to break into, then gain prominence and respect in, an industry dominated by men, says Sherilyn Pastor, leader of McCarter & English LLP's insurance coverage group and a member of the firm's executive committee.
When you are in the middle of a trial or a large transaction and have missed one too many soccer games, it is easy to say you must make a change. But the best thing to do is to get through the madness, and then re-evaluate your personal and professional balance, says Heidi Goldstein, leader of Thompson Hine LLP's women's initiative.
A Washington D.C. businessman pled guilty Monday to felony campaign law violations stemming from a scheme in which he and his government contracting companies secretly funneled more than $3.3 million in illegal contributions to 28 political candidates, which reportedly included current D.C. Mayor Vincent Gray.
Sequestration impacted government contracts at each of the 23 agencies surveyed in a Government Accountability Office report released on Thursday, with the midyear defense and nondefense budget cuts creating rippling affects that may not be fully felt for years.
The U.S. Defense Department will have to re-evaluate its award of a $25.8 million contract for a cyber intelligence network after the U.S. Government Accountability Office recently found that the proposal’s price calculations were unreasonably low, according to a GAO decision released Friday.
A District of Columbia federal judge on Thursday ordered KBR Inc. to provide documents related to its internal investigation of alleged overbilling on Iraq war contracts, saying a former KBR employee suing the company for fraud should be able to use KBR's documents to support his case.
The Second Circuit found Monday that a federal judge had erred in issuing a final dismissal of a former worker's False Claims Act suit accusing Tishman Construction Corp. and Turner Construction Co. of billing fraud on publicly financed projects including One World Trade Center, and it ordered the suit dismissed with leave to replead instead.
A top U.S. Department of Defense official on Monday warned against another round of sequestration in 2016, saying further cuts would cause the military to reduce the size of its armed forces and drain money from much-needed equipment modernization efforts.
A U.S. Court of Federal Claims judge on Friday dismissed KBR Inc.'s suit seeking indemnification for its defense against suits brought by military personnel injured by toxic chemical agents while guarding an Iraqi facility, finding the court lacked jurisdiction because KBR didn't submit a valid certified claim.
The U.S. Navy on Thursday awarded four defense contractors the chance to compete for part of a three-year, $68 million training and technical support contract with its Space and Naval Warfare Systems Center Pacific’s Training Development and Support Center.
A U.S. Court of Federal Claims judge awarded two Progress Energy Inc. units $103.7 million in damages Monday in their suit claiming the government breached a contract to collect spent nuclear fuel between 2006 and 2010 from four power plants in the Carolinas and Florida.
Scenarios that could trigger an internal investigation include a subpoena from a government agency seeking records and indicating a criminal investigation is underway for violations of insider trading, tax laws or fraud. In such cases, it is important for the company’s investigation to stay a step or two ahead. Consider the need for retaining separate counsel for certain employees and determine how to deal with third parties and former employees, say attorneys with Sheppard Mullin Richter & Hampton LLP.
Public-private partnerships are all the rage, as governments seek new ways to deliver public infrastructure, facilities and services in the face of daunting budget limitations and doubts about older procurement modes. But many well-qualified U.S. companies are not familiar with the differences between the PPP and traditional procurement models, say Zane Gresham and Rafael Hernandez Mayoral of Morrison & Foerster LLP.
Cloud users must know how to use the cloud responsibly to prevent later difficulties with document production. When negotiating a cloud service agreement, users should look for certain services that will prove useful when responding to discovery requests, such as comprehensive search options, instant suspension of the auto-delete function, and preservation of metadata and embedded data, say attorneys with Sidley Austin LLP.
The main takeaway from the Second Circuit's recent decision in U.S. v. DHL Express (USA) Inc. is that potential False Claims Act liability attaches long after a transaction closes, regardless of the contract protections bargained for. Contractual or statutory notice requirements cannot be relied on to shift risk onto counterparties, say attorneys with Weil Gotshal & Manges LLP.
Despite the current circuit split on whether a qui tam relator must identify specific claims in order to satisfy Rule 9(b), the U.S. Department of Justice has asked the U.S. Supreme Court to deny certiorari in U.S. v. Takeda Pharmaceuticals North America Inc. But even if the court does not agree to review this case, it appears highly likely that the court will eventually be called upon to resolve the split, says Scott Grubman, an associate at Rogers & Hardin LLP and a former federal prosecutor.
In stark contrast to the changing environment for the majority of lawyers today, the evolution for the general counsel is driven less by necessity than by opportunity. Today’s GC may touch every aspect of his or her organization to solve challenges and propel the company forward, keeping the GC far ahead of what is expected of the average lawyer, says James Merklinger, vice president and general counsel of the Association of Corporate Counsel.
In U.S. v. Omnicare Inc., the Fourth Circuit recently joined the growing chorus of courts that have refused to extend the reach of the False Claims Act to all manner of regulatory violations. And even though this case involved pre-Fraud Enforcement and Recovery Act conduct, the ruling also may have provided some much-needed perspective to the 2009 FERA amendments to the FCA, say attorneys with Fried Frank Harris Shriver & Jacobson LLP.
The coming decrease in substantive suspensions and debarments will give the impression that the risks of cutting corners have decreased. Nothing can be farther from the truth. Yet advisers to government contractors do not appear to be pushing back on this trend of less vigilance, says David Robbins of Shulman Rogers Gandal Pordy & Ecker PA.
The recently closed comment period for the proposed Federal Rules of Civil Procedure amendments generated passionate antipodal responses over discovery rules that appear to benefit large corporate litigants at the expense of individual plaintiffs and civil rights groups. The nature and intensity of the response should lead the committee to reconsider the overall fairness of the proposed discovery amendments, says Henry Kelston of Milberg LLP.
Three courts — including the Fourth Circuit in Carter v. Halliburton Co. — have erred in ruling that the Wartime Suspension of Limitations Act applies to noncriminal matters, such as False Claims Act claims. These decisions put businesses in numerous industries at risk of having to defend stale claims seeking potentially ruinous damages under the FCA. The U.S. Supreme Court should grant cert in Carter, say Jesse Witten and Lee Roach of Drinker Biddle & Reath LLP.