Government Contracts

  • May 22, 2015

    Don't Stop Discovery Over DQ'd Atty In FCA Suit, Court Hears

    Whistleblowers alleging a medical supply company overbilled Medicaid blasted its efforts to stay discovery in Florida federal court Thursday as the company seeks to have the suit tossed, arguing the disqualification of their last attorney for a conflict of interest is not nearly enough to warrant a dismissal.

  • May 22, 2015

    NY Atty Gets Prison For Bribery Scheme Over NJ Rail Project

    A New York attorney was sentenced to six years in prison Friday for conspiring with a New Jersey Department of Transportation engineer in a bribery scheme that fraudulently inflated the cost of a grant-funded railroad repair project.

  • May 22, 2015

    KBR Escapes $75M FCA Suit Alleging Transport Overcharges

    An Illinois federal judge tossed a $75 million False Claims Act suit against a KBR Inc. subsidiary Friday, saying the whistleblower’s allegations that the company withheld information from the government about pricing options for charter flights were too vague.

  • May 22, 2015

    Judge Advises Cutting Pfizer, Others From Navy Asbestos Suit

    A Delaware magistrate judge recommended Friday that five more defendants join the nine she already said should be nixed from a former U.S. Navy shipyard worker’s lawsuit alleging dozens of government contractors contributed to his asbestos exposure and resulting mesothelioma.

  • May 22, 2015

    Senate OKs Bill To Keep $1.7B VA Hospital Project Going

    The Senate on Friday greenlighted stopgap legislation to allow construction to continue on a troubled U.S. Department of Veterans Affairs hospital project near Denver that has seen costs balloon to $1.7 billion.

  • May 22, 2015

    State Dept. Floats Changes To Arms Traffic Regulations

    The U.S. Department of State on Friday floated several changes to licensing rules for U.S. workers providing defense services abroad, removing hurdles for work in North Atlantic Treaty Organization countries and those in Foreign Military Sales agreements with the U.S.

  • May 22, 2015

    Crowell Nabs Nat'l Defense Univ. Dean For Privacy Group

    Crowell & Moring LLP said it has beefed up its privacy, cybersecurity and government contracts groups with the addition of former National Defense University faculty dean Harvey Rishikof, who brings to his new senior counsel position in the firm's Washington, D.C., office a wealth of experience in academia, private practice and government.

  • May 22, 2015

    USIS Whistleblower Wants Fraud Suit Protected In Ch. 11

    The former U.S. Investigations Services LLC employee who blew the whistle on alleged fraud at the government background-check contractor filed a complaint Thursday in parent company Altegrity Inc.'s bankruptcy, seeking protection for his lawsuit and the hefty award he stands to reap if he wins his case.

  • May 22, 2015

    IPC Discovery Objections Misrepresent FCA Suit, US Says

    The U.S. Department of Justice urged an Illinois federal judge Thursday to apply the same logic she used in refusing to dismiss its False Claims Act case against staffing chain IPC The Hospitalist Co. Inc. to expand its discovery abilities, saying IPC's objections misrepresent the complaint. 

  • May 22, 2015

    FCC Urges DC Circ. To Toss Appeal Of $460M Contract

    The Federal Communications Commission asked the D.C. Circuit on Thursday to toss a challenge of its switch in contractors for a $460 million phone routing contract, saying the appeal was premature because the agency has not finalized its decision.

  • May 21, 2015

    Muddled USAID Contract Unclear On Fumigation, Judge Rules

    A cargo-handling firm in the midst of False Claims Act litigation with the government failed to prove its contract with the U.S. Agency for International Development for storing food for humanitarian aid covered the fumigation of its warehouse, a Court of Federal Claims judge ruled Wednesday.

  • May 21, 2015

    Hospital Admin Gets 40 Years For $116M Medicare Scam

    A Texas federal court on Wednesday sentenced an assistant administrator at a Houston hospital to 40 years in prison and ordered him to pay $31 million in restitution for his role in a scheme that fraudulently charged Medicare $116 million for mental health and substance abuse treatments.

  • May 21, 2015

    La. Parish Sues Army Corps For $2M In Katrina Levee Repair

    A Louisiana parish sued the U.S. Army Corps of Engineers in federal claims court on Wednesday, seeking reimbursement for a $2 million judgment against it after the Corps allegedly reneged on a promise to pay landowners for soil the parish seized to repair the Corps-maintained levees breached following Hurricane Katrina.

  • May 21, 2015

    CVS Continues Attempts To Nix Kickback Suit Over Coupons

    CVS Caremark Corp. on Wednesday maintained that the $5 coupons it offered as part of a prescription rewards program don’t violate the Anti-Kickback Statute when given to Medicare and Medicaid enrollees, despite a False Claims Act lawsuit in Illinois federal court filed by a customer arguing otherwise.

  • May 21, 2015

    Feds Seek $10.6M Forfeiture For Research Grant Fraud

    Federal prosecutors asked for a $10.6 million forfeiture judgment in Florida federal court Wednesday against a husband-and-wife pair of scientists convicted of ripping off the government by submitting dozens of fraudulent research grants over the course of a decade.

  • May 21, 2015

    Blackfeet Officials Say Tribal Court Is Fair In Water Dispute

    Blackfeet Nation officials urged a federal court Wednesday to stay a utility complaint brought by a Montana town until a related matter is settled in tribal court, saying the town's concerns that its customers' water service could be shut off are put to rest by a tribal court order.

  • May 21, 2015

    Novartis Catches Flak For Clawback Bid In FCA Kickback Row

    A former Novartis Pharmaceutical Corp. employee has fired back at the drugmaker's discovery clawback efforts in a False Claims Act suit alleging drug referral kickbacks, telling a New York federal court that Novartis is withholding critical documents and improperly coaching deposition witnesses.

  • May 21, 2015

    NYC Construction Co. To Pay $7M For Overbilling Scheme

    Hunter Roberts Construction Group LLC agreed on Wednesday to pay more than $7 million in restitution and penalties to the federal government and private victims to avoid prosecution for an eight-year fraudulent overbilling scheme to inflate cement union workers’ hours. 

  • May 21, 2015

    11th Circ. Affirms Bribery Sentence For Ex-Ala. Governor

    The Eleventh Circuit on Wednesday denied former Alabama Democratic Gov. Don Siegelman a new bribery trial, finding that a lower court rightly found no continuing conflict of interest from a prosecutor after she recused herself from the case, in which Siegelman was convicted in 2006 of soliciting a $500,000 bribe.

  • May 21, 2015

    Full Senate 'Torture Report' To Stay Secret, Judge Says

    A Washington, D.C., federal judge on Wednesday said that the U.S. Senate’s “torture report” is a classified document protected from the Freedom of Information Act, and dismissed the American Civil Liberty Union’s suit seeking the full report.

Expert Analysis

  • In Wisconsin, FCA Liability May Apply To E-Rate Program

    Jessica Sharron

    The peace of mind enjoyed by E-Rate service providers following the Fifth Circuit’s decision that the False Claims Act does not apply to the E-Rate program may be fleeting. A case pending in the Eastern District of Wisconsin — U.S. v. Wisconsin Bell Inc. — is poised to challenge the Fifth Circuit’s ruling, and the possibility of a circuit split is looming, say attorneys with Alston & Bird LLP.

  • NIST Starts Filling The Gaps In Cybersecurity Compliance

    Keir Bancroft

    Government contractors who think cyber and information security applies only to classified or U.S. Department of Defense contracts, take note — a new set of standards from the National Institute of Standards and Technology is on the horizon, say attorneys with Venable LLP.

  • Texas Contractors, With Immunity And Liability For Some

    John R. Hawkins

    In a case of first impression, the Texas Supreme Court's refusal to extend sovereign immunity to a private engineering company in Brown & Gay Engineering Inc. v. Olivares is a reminder that the principle's rationale is to guard against unforeseen government expenditures incurred in defending lawsuits and paying judgments that divert public funds from their allocated purposes, says John Hawkins of Porter Hedges LLP.

  • Consider 5 Things Before Choosing An E-Discovery Provider

    Barry O’Melia

    There has been a rapid and robust growth in the number of companies offering electronically stored information collection, management and processing services. But a recent survey indicated that not all service providers offer the level of expertise needed in today’s world of big data, the cloud and mobile devices, says Barry O’Melia, chief operations officer at Digital WarRoom.

  • FCA Threats Are Likely Greatest Outside The Fortune 100

    Joseph D. Jean

    While very large settlements involving Fortune 100 companies grab the most headlines, they tend to draw attention away from the significant number of False Claims Act suits brought against private and middle-market companies. Even though these smaller amounts are not nearly as eye-popping, they could represent a greater financial risk on a relative basis, say Jeffrey Kiburtz and Joseph Jean of Pillsbury Winthrop Shaw Pittman LLP.

  • Court-Appointed Experts — A Powerful But Rarely Used Tool

    Philip Woo

    The Tessera Inc. patent case highlights a useful procedure seldom used in the federal court system — Federal Rule of Evidence 706, which allows for a court-appointed expert. But Rule 706 provides little guidance on when to use such an expert, how to select one or how to work with one. Here are some tips, say Philip Woo and Nathan Greenblatt of Sidley Austin LLP.

  • 7 Key Moments To Preserve Objections At Jury Trials

    Lynn A. Kappelman

    At trial, there are so many moving parts at any given moment that it can be difficult to keep a firm eye on preservation for a later appeal. For new and seasoned trial lawyers alike, we suggest you bring to court a cheat sheet of all of the key moments when you must preserve your objections to ensure nothing is waived for appeal, say Dawn Solowey and Lynn Kappelman of Seyfarth Shaw LLP.

  • This Week In Congress: Blue Alert, Freedom Act, And TPA

    Richard A. Hertling

    The House returns from a district work period this week with an ambitious agenda, set to focus on legislation related to law enforcement, defense and national security matters. Meanwhile the Senate will begin debate on trade promotion authority. Passage of TPA — which many Democrats oppose — is seen as critical for President Obama to expedite the Trans-Pacific Partnership, say Richard Hertling and Kaitlyn McClure of Covington & Burling LLP.

  • Law Firms Could Learn A Lot From The NFL Draft

    Mark Levin

    The NFL draft is the culmination of months of research and often years of watching top player prospects, all in the hopes of making the right decision on draft day and assembling the right athletes for a shot at a championship season. Law firm management, does this sound familiar to you? asks Mark Levin, co-founder of The Right Profile LLC and a former chief business development officer for two Chicago law firms.

  • Boeing Kickback Case Is Compliance Program Success Story

    Robert Tompkins

    For attorneys counseling clients about the importance of an effective compliance program, the recent Boeing Space and Intelligence Systems case illustrates how things are supposed to be done, and the benefits of doing things the right way, say attorneys with Holland & Knight LLP.