Government Contracts

  • August 25, 2016

    Voice Of America News Workers Lose $400M Wage Battle

    A U.S. Federal Claims Court judge on Wednesday threw out a $400 million proposed employment class action by Voice of America workers who alleged the federal agency that oversees the taxpayer-funded international news broadcaster misclassified them as independent contractors and denied them benefits and pay as a result.

  • August 25, 2016

    AAI Wins Some Depositions In $1B Boeing Dispute

    An Alabama federal judge on Thursday allowed bankrupt Alabama Aircraft Industries Inc. to again depose Boeing Co.’s in-house attorney and another employee in the companies’ dispute over $1.2 billion in government contracts, but withheld a ruling on a request for sanctions.

  • August 25, 2016

    Biden Expects Gitmo Closure Before Obama Leaves Office

    Vice President Joseph Biden said Thursday he expected that the contentious Guantanamo Bay military prison will be closed before the Obama administration exits the White House, drawing swift pushback from Republican lawmakers.

  • August 25, 2016

    Steel Co. Loses $8.6M WTC Appeal Against Port Authority

    A New York appeals court Thursday sided with the Port Authority of New York and New Jersey, ruling a steel company's $8.6 million contract breach suit over extra work on the 9/11 Memorial cannot get around the one-year statute of limitations protecting the agency.

  • August 25, 2016

    Army Must Open Sole-Source Chopper Deal To Competition

    The Court of Federal Claims has blocked the U.S. Army from moving forward with a deal to purchase 16 training helicopters from Airbus Helicopters Inc., saying it needs to either properly justify its sole-source contracting decision, open up the contract to competition, or ditch the deal altogether.

  • August 25, 2016

    Tata Pays Calif. County $26M Over Unfinished Tax IT System

    Tata Consulting Services Ltd. has agreed to pay $26 million to Orange County, California, to settle the county’s breach of contract and fraud suit accusing the global information technology company of trying to drag out a property tax management system project to get more money.

  • August 25, 2016

    FCA Suit Over $4.5B Cleanup Moves Forward After Escobar

    A Washington federal judge on Thursday lifted a stay in a False Claims Act suit filed by a trucking company that claims a prime contractor breached its $4.5 billion contract with the government for cleanup of a decommissioned nuclear site, letting the case proceed after the parties sought clarity from the U.S. Supreme Court's Escobar decision.

  • August 25, 2016

    Calif. Developer Can Pursue Tax Offsets In USDA Loan Trial

    A D.C. federal judge has given a California housing developer the green light to vie for a tax-offsetting damages award during an upcoming trial over the prepayment of a U.S. Department of Agriculture project loan, ruling that making the company “whole” involves adjusting for tax penalties it wouldn’t have otherwise incurred.

  • August 25, 2016

    Air Force Botched $13M IT Contract Award, GAO Says

    The U.S. Government Accountability Office dinged the U.S. Air Force in a bid protest decision made public on Wednesday concluding that the service branch botched comparisons for compensation plans on an information technology contract worth up to $13 million.

  • August 24, 2016

    Defunct Beauty School's Insurer Pays $13.5M To End FCA Row

    A defunct for-profit cosmetology school's insurance carrier paid $13.5 million to resolve False Claims Act allegations that the school helped students obtain sham high school diplomas in order to enroll at its locations and secure student loans for which they were not eligible, federal prosecutors said Wednesday.

  • August 24, 2016

    Judge Asked To Deny KBR’s Discovery Bid In Burn Pit MDL

    Military personnel asked a Maryland federal judge Wednesday to deny KBR Inc.’s motion for them to respond to certain discovery requests in multidistrict litigation contending service members were exposed to toxic fumes from a burn pit the defense contractor allegedly operated in Iraq, arguing that it would impose “an enormous burden” on them.

  • August 24, 2016

    Fair Pay Rule Remains ‘Solution In Search Of Problem’

    The final version of the contentious Fair Pay and Safe Workplaces rule addresses only peripheral concerns raised by federal contractors, leaving behind massive costs and compliance burdens that may stymie competition in the federal contracting arena and hurt taxpayers.

  • August 24, 2016

    Developer Accuses NJ Town Of Environmental Land Grab

    The developer of a 52-home project in Parsippany-Troy Hills, New Jersey, has hit the township with a lawsuit in New Jersey state court over claims the municipality is unlawfully demanding that the company turn over about 118 acres of open space in a dispute over what the parties each consider “environmentally sensitive” land.

  • August 24, 2016

    DOJ Gets Kickback Case Revived Against Medical Supplier

    A Massachusetts federal judge responded to U.S. Department of Justice prodding by reviving a False Claims Act suit over health product supplier CCS Medical Inc.'s alleged illicit acceptance of kickbacks, concluding Wednesday that a safe harbor may not apply.

  • August 24, 2016

    AAI Wants To Dig Into Boeing Sanction Defenses In $1B Row

    Alabama Aircraft Industries Inc. doubled down on its bid for sanctions in a dispute with Boeing Corp. over $1.2 billion in government contracts, arguing Tuesday for the ability to discover more about the “newly created evidence” in Boeing’s defense.

  • August 24, 2016

    Hospital's 60-Day Overpayment Case Ends In $3M FCA Deal

    In a first-of-its-kind settlement, New York City-based Mount Sinai Health System will cough up $3 million to resolve allegations it violated the False Claims Act by retaining Medicaid overpayments for more than 60 days after identifying them, authorities said Wednesday.

  • August 24, 2016

    Wash. Can't Sue Over Nuke Site Work Hazards, Feds Say

    The U.S. Department of Energy argued Tuesday that the state of Washington cannot rely on a citizen protection doctrine to sue the federal government over allegedly hazardous working conditions at the Hanford nuclear site, asking a federal judge to dismiss the claims.

  • August 24, 2016

    CannonDesign To Pay $12M To End Criminal Claims In VA Suit

    Architecture and design firm CannonDesign will pay $12 million to settle criminal claims that its executives paid bribes and kickbacks to a government official in exchange for confidential information about Veterans Affairs construction projects, federal prosecutors in Ohio announced Wednesday.

  • August 24, 2016

    Omnicare Can't Kick Whistleblower's $421M FCA Suit

    A Massachusetts federal judge on Tuesday refused to let Omnicare Inc. escape from two whistleblowers’ False Claims Act suit accusing the health care company of entering into a six-year kickback agreement with drug manufacturer Organon, concluding that too many questions remain about its conduct.

  • August 24, 2016

    GAO Kills Protest Of $27M Army Support Services Contract

    Tele-Consultants Inc. may still be fighting a $27 million U.S. General Services Administration contract award for U.S. Army support services in Federal Claims court, but the U.S. Government Accountability Office has already found its contentions of improper evaluation and award wanting, according to a decision made public on Tuesday.

Expert Analysis

  • 4 Reasons Law Firm Business Development Initiatives Fail

    Adam Donovan

    By understanding four common reasons why law firm business development initiatives fail, we can more accurately define success, avoid pitfalls, and improve return on investment, says Adam Donovan, senior manager of patent business strategy at Fish & Richardson PC.

  • AMX Case Shows Contractors Can Learn From 'Forrest Gump'

    Franklin Turner

    The Civilian Board of Contract Appeals' recent opinion in AMX Veterans Specialty Services reiterated an important message — facts matter, the law matters, and sometimes the government seems to know neither. Remember what Mrs. Gump said about chocolate boxes? Same goes for litigating against the government, says Franklin Turner of McCarter & English LLP.

  • Mere 'Agreement To Agree' In Teaming Is Not Enforceable

    James Y. Boland

    The Virginia Supreme Court's recent decision in Navar v. Federal Business Council is a good reminder that the failure of contractors to exercise caution and vigilance when drafting teaming agreements can be very costly, say James Boland and Randall Miller of Venable LLP.

  • From BigLaw To Your Own Firm: 4 Tips For Legal Startups

    Russell Shinsky

    Highly successful attorneys who are thinking about leaving the safe haven of a large law firm to go out on their own face a number of issues specific to the legal profession. Russell Shinsky, chairman of Anchin Block & Anchin LLP's law firms industry group, shares four pillars of a successful startup law firm.

  • 4 Ways SBA Lenders Can Avoid FCA Traps

    Steven M. Kaufmann

    Recent False Claims Act enforcement as applied to Small Business Administration lenders presents a number of themes that can provide insight into strategies for lenders to mitigate their risk, says Steven Kaufmann of Morrison & Foerster LLP.

  • 4 Communications Fundamentals For High-Stakes Litigation

    Michael J. Gross

    The court of public opinion can mete out judgments as harsh as those rendered by a court of law, which is why communications professionals and attorneys should be working together to protect their clients’ reputation and advance their legal objectives as litigation proceeds, as well as when decisions or settlements are reached, say Michael Gross and Walter Montgomery at Finsbury.

  • Risk Management Tips For Attys Serving As Local Counsel

    Patrick S. (Sean) Ginty

    Often, the lead counsel in a case maintains sole contact with the client and makes substantive decisions, relying upon the local counsel only to serve in the requisite capacity to satisfy jurisdictional procedures. Therein lies the problem — absent appropriate precautionary measures, the local attorney faces equal malpractice exposure for the substantive, strategic decisions of the lead counsel, say Patrick (Sean) Ginty of CNA Glob... (continued)

  • Beware The 'Standard' Mediation Confidentiality Agreement

    Jeff Kichaven

    There are several risks involved with signing a "standard" mediation confidentiality agreement, both to your clients and to yourself. Once you recognize these risks, you will never sign a standard MCA again, at least not without a lot of thought and a lot of disclosures to your client, says Jeff Kichaven of Jeff Kichaven Commercial Mediation.

  • Inside The New SBA Mentor-Protege Past Performance Rules

    Adam K. Lasky

    One of the changes in the Small Business Administration's expansion of its mentor-protege program is that agencies must consider projects performed by the individual members of a mentor-protege joint venture offeror when evaluating experience/past performance. While this is clearly an attempt to help mentor-protege joint ventures, arguably this change does more harm than good, says Adam Lasky of Oles Morrison Rinker & Baker LLP.

  • 5 Mistakes To Avoid When Building Law Libraries

    Fahad Zaidi.jpg

    As advances in technology continue to push law libraries in a more complex direction, many law firms are still making structural mistakes. Fahad Zaidi, senior consultant at HBR Consulting, notes five common pitfalls that law firms should be wary of when developing their libraries.