Government Contracts

  • May 4, 2016

    Twitter Liable For ISIS Use, Contractor Widow Says

    The widow of a U.S. contractor killed by ISIS told a California federal judge Wednesday not to allow Twitter Inc. to escape liability for her husband’s death, saying the social media company provided a platform for the terrorist group to raise funds and recruit.

  • May 4, 2016

    Dallas Suburb Kills Developer's $9M Win Over Land Option

    A Texas appellate court on Tuesday stripped a $9 million judgment from a developer that claimed a Dallas suburb violated a deed restriction by building a library on designated park land, holding the library falls within the deed’s requirement land be used for a “recreational facility.”

  • May 4, 2016

    Ill. Social Service Cos. Haven't Been Paid In Months, Suit Says

    A coalition of dozens of Illinois human and social service providers and companies sued the governor and several agency heads in state court Wednesday over the $100 million-plus in state contracts that haven't been paid in the current fiscal year thanks to a budget veto.

  • May 4, 2016

    5th Circ. Urged To Nix 'Hostile' Judge In $266B BP FCA Row

    Whistleblowers asked the Fifth Circuit on Tuesday to revive a $266 billion False Claims Act suit involving BP PLC’s Gulf of Mexico-based Atlantis facility, saying a Texas federal judge erred by favoring the company and demonstrated “remarkable and unacceptable hostility” toward them while doing so.

  • May 4, 2016

    Small Biz Org Accuses SBA Of 'Creative Accounting'

    The American Small Business League on Tuesday accused the U.S. Small Business Administration of “creative accounting” in a California federal court lawsuit seeking to block the agency from demonstrating small business participation goals in government contracts by leaving out some agencies and counting major corporations as small.

  • May 4, 2016

    Watchdog Says Pentagon Failing Waste Reduction Goals

    The Pentagon has routinely failed to comply with federal waste elimination laws, according a new government watchdog report Wednesday, finding the military failed to adequately reduce the number of improper travel reimbursements for the fourth year in a row and has produced unreliable payment estimates.

  • May 4, 2016

    Orbital ATK Will Crank Out $210M In Ammo For Army

    Orbital ATK Inc. said Wednesday it has snagged $210 million in small-caliber ammunition production orders for the U.S. Army, adding to the contractor's total revenue from a supply contract with the federal government.

  • May 4, 2016

    Fla. Doctor Found Guilty On 162 Health Care Fraud Counts

    A Florida federal jury on Tuesday convicted a physician of 162 counts of health care fraud, following a five-week trial during which the government accused her of giving patients unapproved drugs from abroad and billing the government and private insurers as if they had been approved drugs.

  • May 4, 2016

    Ex-VP Objects To Proposed Judgment On $25.4M Verdict

    The former president of a health care staffing company who successfully sued the company’s former vice president is now trying to sneak extra money out of the $25.4 million verdict the jury handed down two weeks ago, the former VP told an Arizona federal court Tuesday.

  • May 4, 2016

    DC Circ. Urged To Uphold Blackwater Guards' Convictions

    Federal prosecutors have asked the D.C. Circuit to uphold the convictions and sentences of four former Blackwater guards stemming from a 2007 shooting in Iraq, saying a D.C. trial court held jurisdiction in the case under a law designed to increase the accountability of American military contractors.

  • May 4, 2016

    Pentagon Could Go Over Funding Caps By $162B, CBO Says

    The money needed for the Obama administration's plans for the U.S. Department of Defense will exceed funding caps by $162 billion over the next four years if Congress rejects cost-saving proposals and weapons systems costs continue to increase as they have in the past, the Congressional Budget Office warned Tuesday.

  • May 3, 2016

    Corinthian Workers Tell 9th Circ. Quota Docs Save FCA Suit

    Two ex-Corinthian Colleges employees on Tuesday urged the Ninth Circuit to revive their False Claims Act suit alleging the for-profit college and Ernst & Young LLP defrauded the government out of billions, saying a lower court wrongly disregarded proof recruiters were illegally paid based on enrollment and improperly sanctioned their counsel.

  • May 3, 2016

    4th Circ. Says CSC Workers Were Underpaid While Overseas

    Language in the corporate contracts for six Computer Sciences Corp. employees who also worked on U.S. Department of Defense contracts entitles them to hourly pay while they were overseas in locations such as Iraq or Kuwait, rather than a salary, the Fourth Circuit ruled Monday.

  • May 3, 2016

    Honeywell Knew $250M Software Fee Was Fraud, 9th Circ. Told

    A defense contractor employee Tuesday urged the Ninth Circuit to revive his False Claims Act suit alleging Honeywell fraudulently charged $250 million for navigation software used on fighter jets and other military vehicles, arguing Honeywell’s sophistication means it must have known it was overcharging.

  • May 3, 2016

    NJ Co. Monopolizes Online Tax Lien Sales, Report Says

    Irregularities surrounding New Jersey’s online tax lien bidding system have allowed one private vendor and its partner to monopolize the lucrative auctions, according to a state report Tuesday that recommended a series of statutory and administrative reforms to the system.

  • May 3, 2016

    Rising Star: MoFo's Damien C. Specht

    Morrison & Foerster LLP partner Damien C. Specht has served as the primary government contracts lawyer in more than 50 mergers and acquisitions with a combined value of more than $3 billion, earning him a spot among the top government contracts attorneys under the age of 40 honored by Law360.

  • May 3, 2016

    Logistics Cos. Settle FCA Probe Over DOD Contract For $13M

    An XPO Logistics unit, Estes Forwarding Worldwide and Estes Express Lines have entered into a $13 million settlement to end a whistleblower-sparked False Claims Act investigation in California connected to a Defense Department contract, according to a U.S. Department of Justice announcement on Tuesday.

  • May 3, 2016

    Rep. Fattah Co-Defendant Loses Bid To Suppress Evidence

    A federal judge on Tuesday refused to suppress evidence related to a subpoena NASA issued to a nonprofit founded by Rep. Chaka Fattah, D-Pa., denying a request by the organization’s CEO, who was indicted alongside the representative and others over the alleged misappropriation of campaign contributions and charitable donations.

  • May 3, 2016

    FCA Penalties Set To Double, Raising Fears Of Excess Fines

    False Claims Act penalties would double under a federal regulation released this week, an increase likely to surprise some corporations and fuel arguments about constitutionally excessive punishment, attorneys say.

  • May 3, 2016

    NYC Cuts $4.3M Deal For Overbilling Medicare For Ambulances

    New York City agreed to pay $4.3 million to the federal government to settle allegations the fire department billed Medicare for ambulance rides that weren’t medically necessary, according to a proposed deal filed Monday.

Expert Analysis

  • Scalia’s Vacancy Shifts High Court On Class Actions

    Brian S. Kabateck

    In the wake of U.S. Supreme Court Justice Antonin Scalia’s death the pendulum may already be swinging back in favor of class actions. In fact, the post-Scalia court now sits divided evenly on business litigation issues, or perhaps even favoring consumers for the first time in a long time, say Brian Kabateck and Natalie Pang at Kabateck Brown Kellner LLP.

  • VA Now Open To Non-Trade Agreements Act Compliant Drugs

    Jeffrey Orenstein

    In a significant policy reversal, the U.S. Department of Veterans Affairs recently announced that all “covered drugs” under the Veterans Health Care Act will be offered on Federal Supply Schedule contracts, regardless of whether they meet the “country of origin” standards of the Trade Agreements Act, opening up FSS contracts to hundreds of pharmaceutical products, say Jeffrey Orenstein and Lawrence Sher at Reed Smith LLP.

  • How Gov't Contractors Can Avoid Pay Transparency Mishaps

    Alicia J. Samolis

    The final rule implementing the Pay Transparency Act, which requires covered employers to inform employees and applicants of their right to share compensation information, applies to most federal contractors, meaning many will likely have to update their policies using exact language from the Office of Federal Contract Compliance Programs, say Alicia Samolis and Jennifer Luzzi at Partridge Snow & Hahn LLP.

  • OPINION: Engaging The Media May Help Your Client

    Liz Mair

    While I am confident that the decisions in Windsor and Obergefell were made on the basis of the dictates of the Constitution, I am also confident that the communications efforts undertaken gave the justices additional comfort to make the right call, and ensured that these decisions were not treated as a Roe v. Wade redux, says Liz Mair, former online communications director for the Republican National Committee and president of Mair Strategies.

  • Using The New Federal Rules To Rein In Discovery

    Martin J. Healy

    The 2015 amendments to the Federal Rules of Civil Procedure present a fertile opportunity for defendants to leverage the rules' renewed focus on reasonableness and proportionality to rein in rampant discovery abuse. Courts' application of the amended rules has already shown promise in this regard, say Martin Healy and Joseph Fanning of Sedgwick LLP.

  • Dentons: A New Kind Of Network?

    MarkACohen.jpg

    Dentons is two different law firm networks in one. So even if the Swiss verein structure should eventually fail and Dentons is forced to operate as a network of independent law firms, it could still be a significant market force, says Mark A. Cohen, a recovering civil trial lawyer and the founder of Legal Mosaic LLC.

  • IRS' Quinn Emanuel Retainer Is A Wrongheaded Experiment

    Stuart J. Bassin

    The IRS retainer of litigating powerhouse Quinn Emanuel Urquhart & Sullivan LLP to help develop a multibillion-dollar transfer pricing case against Microsoft is poor litigation strategy. Quinn Emanuel, while an excellent firm, has essentially no experience with substantive tax law or transfer pricing, says Stuart Bassin, a former U.S. Department of Justice tax litigator.

  • Gov't Hiring Private Attys Is Proper As A Matter Of Law

    Linda Singer

    Various corporate defendants have vigorously fought, lost and refought challenges to the government’s ability to hire outside counsel on a contingent-fee basis. These failed efforts show why the use of outside counsel by government agencies, rather than being wrong, is entirely right, says Linda Singer, former District of Columbia attorney general now with Cohen Milstein Sellers & Toll PLLC.

  • When Gov't Hires Private Attys: The Need For Boundaries

    Keith Fogg

    Two high-profile uses of nongovernment workers at the IRS have penetrated the wall of core government function in a way not been done in many decades. If we are going to take this path, we should have an understanding of when a task requires a government employee and when private contractors make the most sense, says Keith Fogg, a professor at Villanova Law School and a former IRS counsel.

  • Avoiding The Pitfalls Of Researching Attorneys In PACER

    Brian Howard

    While PACER is a powerful tool for gaining information, practitioners should keep in mind that certain flaws often cause lawyers to be omitted from cases they’ve worked on or to show up associated with the wrong firm. These errors build up across aggregate records, tainting any conclusions drawn from such data — often to a surprising extent, according to Brian Howard, a legal data scientist at Lex Machina.