Government Contracts

  • June 29, 2015

    El Paso Can't Ditch Suit Over Annexed Land Road Costs

    A Texas appellate court on Friday revived a developer’s suit against the city of El Paso seeking reimbursement for infrastructure development for a 121-acre subdivision annexed by the city, saying the city isn’t immune from the litigation.

  • June 29, 2015

    USAID Finalizes Vetting System For Assistance Recipients

    The U.S. Agency for International Development on Friday finalized its vetting procedure to help ensure that assistance grants to partners in certain high-risk countries are not going to terrorists, with a five-country pilot program already planned.

  • June 29, 2015

    Pharmacy Pays $2.5M To Exit Drug Delivery FCA Suit

    New York Attorney General Eric Schneiderman announced Monday that his office has reached a $2.5 million settlement with a pharmacy primarily owned by Walgreen Co. over claims it had submitted false Medicaid billing statements for drugs prescribed primarily to hemophilia patients.

  • June 29, 2015

    Quicken Says Justice Dept. Suit Is Bigger Than Fraud Case

    Quicken Loans Inc. on Friday said that it should be allowed to continue its suit against the federal government because it is tackling a broader question about changes to a key government housing program than a fraud lawsuit that the lender is facing in separate litigation.

  • June 29, 2015

    Bankruptcy Court Can't Rule On CMS-Nursing Home Feud

    A federal judge on Friday vacated a bankruptcy court's order prohibiting the Centers for Medicare and Medicaid Services from terminating its provider agreement with a Florida nursing home, finding that the bankruptcy court lacks jurisdiction to review CMS' decision and that the facility hasn't exhausted its administrative remedies.

  • June 29, 2015

    DOD Praised As Fed Gov't Improves Small Biz Contracting

    The U.S. Small Business Administration on Friday praised the Pentagon for its small business procurement efforts in 2014, saying it had substantially stepped up its performance to become a leader in the area, while noting government small business contracting had also improved overall.

  • June 29, 2015

    High Court Won't Hear Amedisys Shareholder Appeal

    The U.S. Supreme Court said Monday it will not take up a case concerning the stringency of pleading standards in securities fraud cases, leaving intact a Fifth Circuit decision that revived a shareholder class action against health care provider Amedisys Inc.

  • June 29, 2015

    Corporate Attys Want More High Court Action After Slow Term

    With the U.S. Supreme Court closing the curtain Monday on a term that brought landmark decisions on same-sex marriage, health insurance subsidies and lethal injections, court watchers focused on corporate transactions and capital markets are feeling a little left out. Here, experts tell Law360 what has kept the justices away from business cases and the issues they'd like to see taken up in the future.

  • June 29, 2015

    Feds Call Ex-Wells Fargo VP’s Discovery Claims Reckless

    Federal prosecutors on Monday said that they had gone “above and beyond” their legal requirements to provide documents to a former Wells Fargo & Co. vice president in an increasingly heated discovery battle related to a government mortgage fraud suit against the bank.

  • June 29, 2015

    Sheppard Mullin Snaps Up Ex-Garfunkel Wild Health Pro

    Sheppard Mullin Richter & Hampton LLP has boosted its bench of health care regulatory experts with the former head of Garfunkel Wild PC’s compliance and white collar defense practice.

  • June 29, 2015

    CVS Kickback Suit Tossed, Lack Of Nonpublic Info Cited

    Reliance on public information doomed a whistleblower's lawsuit alleging CVS Caremark Corp. violated the Anti-Kickback Statute with $5 coupons in a prescription rewards program that didn't exclude Medicare and Medicaid enrollees, according to a dismissal ruling Friday in Illinois federal court.

  • June 29, 2015

    Bombardier Asks 5th Circ. To Kill FCA Suit Over Plane Parts

    Bombardier Inc. asked the Fifth Circuit on Friday to deny a whistleblower’s appeal of a lower court’s ruling in a False Claims Act case, saying newly introduced evidence was insufficient to alter the ruling.

  • June 26, 2015

    DuPont’s Jury Win Nixed In FCA Suit Over Chemical Leaks

    A Louisiana federal judge on Thursday nullified a jury verdict in favor of DuPont Co., which had been accused by a whistleblower in a False Claims Act suit of not telling federal regulators about carcinogen leaks at one of its plants, saying the chemical giant withheld evidence.

  • June 26, 2015

    Biz Group Exempt From Records Law, Texas Justices Say

    The Supreme Court of Texas on Friday held that a nonprofit business group contracting with the city that is not wholly or partially sustained by public funds does not have to disclose records under the state's public information law, overturning an Austin court of appeals decision.

  • June 26, 2015

    Judge Chokes Up At American Samoa Official's Sentencing

    A California federal judge grew emotional Friday as he sentenced the former director of American Samoa's Department of Human Resources to 22 months in prison for taking $260,000 in bribes, saying she would have to explain to her 12-year-old son why she'd miss two years of his life.

  • June 26, 2015

    KBR Ordered To Spill Investigation Docs At Heart Of FCA Case

    KBR Inc. took a hit in an ongoing False Claims Act suit from the federal government Thursday when a Texas federal judge ordered the company to hand over an internal investigation report on alleged kickbacks at the center of the case on the grounds it had waived attorney-client privilege of the document.

  • June 26, 2015

    SEC Sets July Compliance Date For New Pay-To-Play Ban

    The U.S. Securities and Exchange Commission announced on Thursday that its compliance date for its ban on third-party “pay-to-play” solicitations will expand to municipal advisers at the end of July, setting in stone what had been forecasted since 2012.

  • June 26, 2015

    Military Major Fished For Bribes Then Retaliated, Suit Says

    A military major solicited a Pennsylvania-based technology company for bribes pertaining to its U.S. Navy research contract and retaliated when the contractor refused — and later reported — his offer, the company said recently in a nearly $2.5 million suit.

  • June 26, 2015

    Judge Allows 1st-Ever Split In FCA Trial

    An Alabama federal judge on Thursday overruled a government objection and permitted the first known instance of a False Claims Act suit being tried in two parts, saying the defendant would be unfairly prejudiced otherwise.

  • June 25, 2015

    High Court ACA Ruling Averts Emergency For Fla. Lawmakers

    The U.S. Supreme Court's preservation of subsidies running through the Affordable Care Act's federal insurance marketplaces likely comes as a great relief, ironically, to Florida's Republican leadership, as they evaded an emergency situation of having to replace the system, experts said.

Expert Analysis

  • Inside New ITAR Rules For US Defense Service Providers

    Tamer A. Soliman

    The U.S. Department of State Directorate of Defense Trade Controls has released a proposed rule amending the International Traffic in Arms Regulations with respect to the provision of defense services by U.S. persons working for non-U.S. entities. U.S. employees of unaffiliated non-U.S. companies are disproportionately impacted by this proposed rule, but the rule does not provide a practical path to compliance for such companies, s... (continued)

  • The Top 3 New Do’s And Don’ts For Law Firm Websites

    Stephan Roussan

    In legal marketing circles, there are few topics peddled about more than “hot tips” for improving your law firm’s website. Google it. You’ll find more advice than you could ever digest. However, there are larger trends in technology, culture and user behavior that are impacting firms in very significant ways and are not being talked about nearly as much as they should be, says Stephan Roussan, founder of consulting and web developm... (continued)

  • ASBCA Opens Door To New Approach To Collective Bargaining

    Nichole Atallah

    When negotiating a collective bargaining agreement, government contractors are often restrained by their contractual obligations to the government customer. A recent Armed Services Board of Contract Appeals decision provides contractors with an additional tool to use in formulating proposals during the negotiating process, says Nichole Atallah of PilieroMazza PLLC.

  • Attorney As FCA Whistleblower Remains Treacherous Ground

    Scott Stein

    In 2013, the Second Circuit dismissed a False Claims Act case brought against a company by its former general counsel, finding that the FCA does not preempt a lawyer’s ethical obligations. A Mississippi federal court's recent decision in U.S. v. Northrup Grumman Corp. extends this holding, say Scott Stein and Emily Van Wyck of Sidley Austin LLP.

  • Hoping High Court Puts 'Veterans First' In Kingdomware

    Steven Koprince

    Monday's announcement that the U.S. Supreme Court will hear Kingdomware Technologies Inc.'s case gives renewed hope that the judicial system may yet get this one right. As a matter of policy and law, the underlying decision of the Federal Circuit is fundamentally flawed, says Steven Koprince of Koprince Law LLC.

  • Conn. Seeks To Tighten Data Privacy Requirements

    William J. Roberts

    Connecticut's comprehensive data privacy and security bill tightens data breach response requirements and imposes new obligations on state contractors and the health insurance industry. The bill is also pertinent to businesses operating in the state and those holding the personal information of Connecticut residents, says William Roberts of Shipman & Goodwin LLP.

  • Why Lateral Candidacies Fail

    Adam S. Weiss

    According to The American Lawyer, over 2,700 AmLaw 200 law firm partners switched firms last year, representing between 4 and 5 percent of all partners on the AmLaw list. But what about the thousands of other partners who tried — but failed — to switch firms? While no statistics are available on this number, I have a secret to share: Many, if not most, lateral partner candidacies fail, says Adam Weiss of the Lateral Lawyer Group.

  • 2 Minority Views From The Top Of BigLaw

    Cesar Alvarez

    While the percentage of minority attorneys at U.S. law firms remains disproportionately low, the senior management side of BigLaw paints an even bleaker picture of diversity — only a handful of the 100 largest U.S. law firms are currently helmed by minority attorneys. Offering that rare perspective in this regard are Cesar Alvarez, co-chairman of Greenberg Traurig LLP, and Eduardo Leite, chairman of the executive committee at Baker & McKenzie.

  • Contract Disputes Act Appeals: You First, I Insist

    Pamela Reynolds

    In recent cases, the Armed Services Board of Contract Appeals has addressed the odd procedural question of whether the government should be required to file a complaint against the contractor in a contractor’s appeal. The board’s answer? Sometimes, say Ken Weckstein and Pamela Reynolds of Brown Rudnick LLP.

  • Are P3s The 'New' Thing In Government Contracting?

    Vincent Napoleon

    Public-private partnerships have been used in government contracting since ancient Roman times. As the U.S. government looks to ensure efficiencies for major projects, it will turn to P3 initiatives to facilitate the intersection between the public sector and private contractors, say Vincent Napoleon and Diana Vilmenay at Nixon Peabody LLP.