Government Contracts

  • April 17, 2015

    Rule Change Irrelevant To High Court Plea, Navy Ad Co. Says

    The U.S. Navy’s advertising partner urged the U.S. Supreme Court this week to reject an argument that recent developments had voided the court’s need to hear an appeal in the case alleging illegal recruiting via text messages, saying the logic was speculative.

  • April 17, 2015

    11th Circ. Tosses Wells Fargo Bid To Dismiss FCA Suit

    The Eleventh Circuit on Thursday tossed Wells Fargo Bank NA Inc.’s bid to dismiss a whistleblower False Claims Act suit accusing it of defrauding veterans with excessive loan fees after a media leak by the relators, ruling the court lacked jurisdiction over the case.

  • April 17, 2015

    Faruqi, Robbins Asked To Lead Suit Over $4.8B Exelis Buy

    Faruqi & Faruqi LLP and Robbins Arroyo LLP will lead shareholders of defense technology company Exelis Inc. in their suit against Harris Corp. over a planned acquisition they say is worth more than the $4.75 billion offered, provided a judge approves Friday's request for the firms to be co-lead counsel.

  • April 17, 2015

    NJ Announces $96M In Sandy Beach Reconstruction Projects

    Contractors in New Jersey have started work on $96 million in contracts to rebuild beaches damaged by Superstorm Sandy in Monmouth and Cape May counties, according to a Friday announcement from the state’s Department of Environmental Protection.

  • April 17, 2015

    DOD Agencies Need Refresher On Contractor Reports: OIG

    Most components of the U.S. Department of Defense failed to send complete information to Congress about service contracts, prompting the department's Office of the Inspector General to recommend that DOD officials should clarify how to report funding reductions and identify services to be realigned to government performance, according to an audit report released this week.

  • April 17, 2015

    Wells Fargo Exec Wants Gov’t Docs In $189M Fraud Suit

    A Wells Fargo Bank NA executive asked a New York federal judge on Thursday to make the government release 179 withheld documents in a $189 million mortgage insurance suit against the bank, saying the government has failed to show a lawful rationale for withholding them.

  • April 17, 2015

    Raytheon Patriot Missile Sales Top $5B With New Order

    Raytheon Co. announced Friday that it will receive more than $2 billion under a recently awarded sale of its signature Patriot Air and Missile Defense Systems to an unnamed nation, bringing the total amount of orders for the weapons from around the globe to over $5 billion since last December.

  • April 17, 2015

    Lockheed Seeks To Undo Part Of 1976 Bribery Pact With SEC

    Lockheed Martin Corp. told a Washington federal judge Thursday it should no longer be required to give the U.S. Securities and Exchange Commission advance notice of changes to its anti-corruption policies — a provision of a 1976 settlement that the military contractor claims is no longer necessary in the Internet age.

  • April 17, 2015

    Baltimore Settles $11.4M Tech Contract Suit Against Unisys

    A Maryland federal judge on Thursday approved a settlement between the city of Baltimore and Unisys Corp., ending a three-year conflict in which the city accused Unisys of breaching a $11.4 million contract to help set up an integrated property tax system.

  • April 17, 2015

    Vet-Owned Biz Protests Reopening Of Nursing Services Bids

    A minority- and service-disabled-veteran-owned government contractor filed a bid protest in federal claims court Thursday, saying the U.S. Army improperly reopened bidding on its nursing services contract worth up to $200 million.

  • April 16, 2015

    DaVita To Settle FCA Suit After Witness Coaching Inquiry

    DaVita Inc. said Thursday it will settle a False Claims Act whistleblower suit accusing the company of bilking taxpayers by seeking reimbursement for intentionally overused dialysis drugs, nearly three months after a Georgia federal judge conducted a review to determine whether witnesses were coached into changing their testimony after discovery was reopened.

  • April 16, 2015

    NJ Dem Power Broker Guilty Of Racketeering, Wire Fraud

    New Jersey Democratic Party boss Joseph A. Ferriero was convicted in federal court Thursday of abusing his political position to profit from government contracts through a racketeering scheme involving fraud and soliciting and accepting bribes as a party official, the Department of Justice announced.

  • April 16, 2015

    9th Circ. Defers To Calif. Jury Trial Waiver Law In Tata Dispute

    The Ninth Circuit on Thursday ruled that federal courts sitting in diversity must look to state standards for jury trial waivers when the state’s laws are more protective of the federal constitutional right to a jury than federal rules are, siding with Orange County in a contract dispute with Tata Consultancy Services Ltd.

  • April 16, 2015

    Fla. Doc In Menendez Scandal Denies Medicare Fraud Charges

    A Florida ophthalmologist and prominent political donor accused of supplying Democratic New Jersey Sen. Robert Menendez with unreported gifts and campaign contributions in exchange for political favors on Thursday pled not guilty to a host of Medicare fraud charges.

  • April 16, 2015

    Fla. Utility Regulator OKs State’s Largest Solar Project

    The Florida Public Service Commission on Thursday approved the state's largest solar project to date, a partnership between the U.S. military and a unit of utility giant Southern Co. in the Florida panhandle that could power up to 18,000 homes per year.

  • April 16, 2015

    Alstom's UK Unit Hit With New Corruption Charges

    The United Kingdom's Serious Fraud Office said Thursday it has brought new charges in French energy and transportation giant Alstom SA's overseas contracts bribery scandal, accusing a U.K. subsidiary of the company and a business development director of several new corruption charges.

  • April 16, 2015

    Bill Would Bar Federal Contracts For Tax-Inverted Cos.

    Democrat lawmakers announced legislation on Thursday that would ban federal contracts for inverted companies, the latest in recent efforts to slow the flow of companies pursuing mergers to reincorporate in tax-friendly locations outside the U.S.

  • April 16, 2015

    Northrop Wins $105M Air Force Contract Modification

    Defense contractor Northrop Grumman Systems Corp. received a $105 million modification to its U.S. Air Force contract for Large Aircraft Infrared Countermeasures equipment, the U.S. Department of Defense said Wednesday.

  • April 16, 2015

    Ill. City Says OneBeacon Must Cover $11M Stadium Spat

    The city of Zion, Illinois, told a federal judge on Wednesday that OneBeacon America Insurance Co. is on the hook for defending the city and two officials in an underlying $10.7 million suit over an alleged baseball stadium construction scam, insisting that the city's policy provides coverage.

  • April 16, 2015

    Contractor Chief Charged In PennDOT Corruption Scandal

    The president of a Pennsylvania Department of Transportation contracting firm was charged Thursday in a more than $1 million bribery scheme involving a state worker, the latest in a cross-county corruption crackdown that has already led to criminal cases against 12 people, the state said.

Expert Analysis

  • Contractor Employee Confidentiality Policies In The Spotlight

    Dave Nadler

    The government has recently stepped up its efforts to preclude government contractors from using overly restrictive confidentiality and nondisparagement clauses in employment contracts that might discourage employees from reporting waste, fraud and abuse, say attorneys with Dickstein Shapiro LLP.

  • 1st Circ. Takes Broad View Of 'False' Under FCA

    Sarah Kelly

    Critics will argue that the First Circuit is allowing the government and relators to use the False Claims Act as a vehicle to enforce increasingly minor regulations with harsh penalties. The court's approach, however, relies on the plain language of the FCA without the technical baggage that comes with the tests articulated by other U.S. appellate courts, say Sarah Kelly and Katy Meszaros of Nutter McClennen & Fish LLP.

  • 2 Routes To Hourly Rates For Lawyers

    Gerald G. Knapton

    If we were developing a system to determine legal fees from a clean slate, we would price our professional services according to quality, efficiency and results — tasks and team would be agreed upon. Instead, we have an hourly system that discourages tight management, can lead to padded bills and includes time for work that may not have been necessary, says Gerald Knapton of Ropers Majeski Kohn & Bentley PC.

  • 6th Circ. UTC Ruling Provides Support For FCA Defendants

    Tirzah Lollar

    The Sixth Circuit's recent decision in U.S. v. United Technologies Corp. and similar cases provide ammunition for contesting the government’s increasingly aggressive damages theories in False Claims Act cases, say attorneys with Vinson & Elkins LLP.

  • Using The New York FCA To Combat Offshore Tax Evasion

    Adam Pollock

    For every sophisticated and illegal tax shelter, there is someone, in addition to the tax dodger, who knows about the scheme. Under the New York False Claims Act, those in the know — accountants, bankers, information technology staff, colleagues, competitors — can do the right thing, step forward and blow the whistle, say Adam Pollock and Teige Carroll of the Office of the Attorney General of the State of New York.

  • When JV Partners Disagree About Whether To Protest

    Aron Beezley

    The Government Accountability Office’s recent decision in InSpace 21 LLC brings to light an important consideration that often is not given much attention during formation of a joint venture — how, specifically, the JV will decide whether to file a bid protest in the event that it does not win a given contract, says Aron Beezley of Bradley Arant Boult Cummings LLP.

  • How To Weather Media Inquiries In High-Profile Cases

    Jolie Balido

    Avoid using “no comment” in response to a question or statement from reporters. Some reporters, particularly TV news reporters, are simply trying to elicit a reaction for a quick visual and aren’t particularly concerned with the actual answer, says Jolie Balido, president of marketing communications firm Roar Media.

  • Taking Legal Analytics To The Next Level

    Nathalie Hofman

    Sixty-eight percent of legal technology professionals expect their organizations’ investments in legal data analytics to increase over the next two years. That is just one of the results of a recent survey of more than 125 legal professionals, say Laurie Fischer and Nathalie Hofman of Huron Legal.

  • The Latest Litigation Over FCA Public Disclosure Bar

    Jennifer Tracy

    In holding that the government’s audit and investigation did not constitute a “public disclosure” in U.S. v. Shell Exploration, the Fifth Circuit recently aligned with the holdings of several other circuits, including the First, Fourth, Sixth, Ninth, Tenth and D.C. Circuits, and disagreed with the Seventh Circuit’s interpretation of the statute, say Jennifer Tracy and Eric Teasdale of Choate Hall & Stewart LLP.

  • House Small Business Bill Could Have Big Impact

    Joel Van Over

    The House Small Business Committee recently approved the Small Contractors Improve Competition Act of 2015, which addresses several perceived obstacles that inhibit opportunities for small business participation in federal contracting. These changes would incentivize procuring agencies and federal contractors by clarifying federal policy and increasing accountability, say Joel Van Over and Meghan Doherty of Pillsbury Winthrop Shaw Pittman LLP.