Government Contracts

  • March 30, 2015

    11th Circ. Affirms 20-Year Sentence For $7M Medicare Fraud

    The Eleventh Circuit on Monday affirmed the 20-year prison sentence for the owner of a Miami home health care business accused of $7 million in Medicare fraud, ruling she had ample opportunity to defend herself and her sentence fell well within federal guidelines. 

  • March 30, 2015

    UK Agency Fined For Losing Sensitive Docs From BAE Case

    The U.K. Information Commissioner’s Office reported Monday it fined the government’s Serious Fraud Office £180,000 (about $266,000) after the fraud office misplaced hundreds of sensitive files with personal information from a long-dead bribery and corruption investigation into a BAE Systems PLC arms deal with Saudi Arabia.

  • March 30, 2015

    Unsecured Creditors On Short End In Altegrity's Ch. 11 Plan

    Risk and information service firm Altegrity Inc. unveiled the workings of its bid to slash $700 million in debt on Monday in Delaware bankruptcy court, detailing a plan that would leave unsecured creditors likely recovering only 2 percent of their more than $82 million in claims.

  • March 30, 2015

    Huntington Ingalls Scores $600M Boost To Destroyer Contract

    The U.S. Navy has beefed up a Huntington Ingalls Industries Inc. contract to build destroyers by $604.3 million, adding to nearly $4 billion it had already pledged to the shipbuilder through 2023, the company said in a release Monday.

  • March 30, 2015

    Blackwater Guards Dispute 30-Year Minimum Sentence

    Three former Blackwater Worldwide security guards convicted of manslaughter charges for their role in a shooting that left 14 Iraqis dead told a D.C. federal judge Monday that the 30-year mandatory minimum prison sentence is “unconstitutionally excessive.”

  • March 30, 2015

    The 2015 Rising Stars, By Firm

    Law360's Rising Stars recognizes attorneys under 40 who have demonstrated outstanding career accomplishments. This year, King & Spalding LLP and Sidley Austin LLP led the pack with seven Rising Stars each, followed by Gibson Dunn and Sullivan & Cromwell LLP with six Rising Stars each, and Jones Day and Kirkland & Ellis LLP with five Rising Stars apiece.

  • March 30, 2015

    Vornado Files Suit Against Gov't For $1.2M In Rent

    A division of Vornado Realty Trust filed suit against the government on Friday for $1.2 million in rent payments, saying that the General Services Administration improperly terminated a U.S. Department of Defense lease in an Arlington, Virginia, office building.

  • March 30, 2015

    Rising Star: Covington & Burling's Scott Freling

    Covington & Burling LLP’s Scott Freling has climbed from a young general litigation associate to one of today’s go-to experts in the mergers and acquisitions space for civilian and defense contractors, earning him a partnership at the firm and a spot among Law360’s 2015 Rising Stars for government contract attorneys.

  • March 30, 2015

    Relators Dispute Atty Fee Bid Over $320M FCA Mortgage Deal

    Two relators in a False Claims Act row involving Taylor Bean & Whitaker Mortgage Corp. and Home America Mortgage Inc. have hit back at their former counsel’s claim to fees stemming from a $320 million settlement, urging a Georgia federal judge to invalidate a lien on their share of the deal.

  • March 30, 2015

    Top Contractors' Policies May Chill Fraud Reports, OIG Says

    Thirteen of the biggest contractors with the U.S. Department of State have policies that could dissuade employees from reporting fraud, although none have ever enforced those policies, the Office of Inspector General said in a report made available Monday. 

  • March 30, 2015

    KBR Whistleblower In Iraq FCA Case Sent To Arbitration

    An Illinois federal judge on Monday pushed a whistleblower into arbitration and out of a False Claims Act suit alleging mismanagement and kickbacks by KBR Inc. and two subcontractors in Iraq, saying the former employee was subject to arbitration contract provisions.

  • March 30, 2015

    Bristol-Myers Faces Retaliation Suit After FCA Claims Axed

    An Ohio federal judge on Friday dismissed False Claims Act allegations that Bristol-Myers Squibb Co. and Otsuka America Pharmaceutical Inc. defrauded the government and used kickbacks to promote off-label sales of antipsychotic drug Abilify, but left intact whistleblowers’ retaliation claims against BMS.

  • March 30, 2015

    Gov't Escapes Suit Over Failure To Pay $1.2M FCA Settlement

    A California federal judge has tossed a lawsuit from two whistleblowers accusing the government of negligently failing to pay them more than $1.2 million of a settlement stemming from their separate False Claims Act suit, saying a provision in the settlement bars their claims.

  • March 30, 2015

    Lockheed Nabs $485M Foreign Aircraft Sniper Equipment Deal

    A Lockheed Martin Corp. unit won a $485 million U.S. Air Force contract meant to provide aircraft targeting equipment to as many as seven countries, the U.S. Department of Defense said Friday.

  • March 27, 2015

    Hospice Loses Constitutional Fight Over Medicare Discharges

    An Arkansas federal judge on Thursday shot down a hospice chain’s constitutional challenge to Medicare’s requirement that it serve certain patients without getting more money, finding that the company can exit the program if it’s dissatisfied.

  • March 27, 2015

    Marine Superintendents Not Exempt From FLSA, 5th Circ. Says

    The Fifth Circuit on Friday held that three marine superintendents at a petroleum shipping loss-control company were not subject to administrative exemption under the Fair Labor Standards Act, though their recoveries in the collective action were limited by the law's two-year statute of limitations for nonwillful violations.

  • March 27, 2015

    CBP Contractor Accused Of Breaching $1.2M Camera Contract

    California security camera manufacturer RVision Inc. on Thursday accused a government contractor of breaching a $1.2 million subcontract for camera mounting units for U.S. Customs and Border Patrol so the prime contractor could make the devices itself.

  • March 27, 2015

    Ex-Hospital CEO Asks High Court To Hear Whistleblower Suit

    A whistleblower who alleged Health Management Associates Inc. paid kickbacks to doctors in exchange for Medicare and Medicaid referrals has asked the U.S. Supreme Court to clarify whether firsthand knowledge of a scheme to submit false claims to the government passes the False Claims Act’s threshold for fraud.

  • March 27, 2015

    Software Co. Owner's $5M Gov't Contract Suit Nixed

    A Court of Federal Claims judge said Friday that the co-founder of a software company does not have standing to bring a $5 million lawsuit against the government for allegedly sinking the value of his business through an Air Force contract dispute.

  • March 27, 2015

    FCC Backs Telcordia For Phone Contract After Neustar Fight

    The Federal Communications Commission on Thursday approved recommending Ericsson-owned Telcordia Technologies Inc. as the contractor on a phone-number management system following a battle with Neustar Inc., the longtime recipient of the contract worth $460 million last year.

Expert Analysis

  • Following The FCA's Public Disclosure Bar

    Lori L. Pines

    Although further clarification is needed, courts appear to be leaning toward interpreting the Affordable Care Act's amendments to the False Claims Act's public disclosure bar as a nonjurisdictional defense. Litigants in FCA cases must therefore be prepared for corresponding changes in motion practice, timing and overall burdens, say Lori Pines and Shireen Nasir at Weil Gotshal & Manges LLP.

  • Mediation And The Thorny Issue Of Settlement Authority

    Douglas H. Flaum

    Many mediation orders state that attendees must have “full settlement authority” without providing clarity as to what that term actually means. Attendance by just outside counsel or a corporate spokesperson is not enough, even if someone else with full settlement authority is just a phone call or keystroke away, say Douglas Flaum and Kevin Broughel of Paul Hastings LLP.

  • Brazil Continues To Ramp Up Anti-Corruption Enforcement

    Nicholas Berg

    The recently disclosed Bilfinger bribery scandal related to the 2014 FIFA World Cup in Brazil, along with other Brazilian anti-corruption enforcement and regulatory developments, has reinforced the importance to companies doing business in Brazil of implementing effective compliance policies and procedures, say Nicholas Berg and David Rojas of Ropes & Gray LLP.

  • What Experts Can Say About Inadmissible Facts During Trial

    Jason McDonell

    For reliance material that is not admitted on the stand, consider bolstering the testimony by having the expert describe the evidence generally, but in a way that signals to the jury that the expert has a strong foundation of supporting facts and data. If done well, such testimony can open the door to admitting the evidence, say Jason McDonell and Heather Fugitt of Jones Day.

  • Combating Climate Change Continues With Executive Orders

    George O. Wilkinson Jr.

    President Obama's latest executive order on greenhouse gas emissions will impact both federal agencies and government contractors and once again signals the White House's intention to combat climate change in spite of some members of Congress, state governments and industry groups, say George Wilkinson Jr. and Corinne Snow of Vinson & Elkins LLP.

  • 6 Challenges In Leveraging Federally Sourced Health Data

    Jennifer S. Geetter

    The Centers for Medicare and Medicaid Services' dual and equivalent goals of data protection and data use promotion are to be applauded, but several concerns remain over how to effectively leverage federally sourced health data, say Jennifer Geetter and Ariane Tschumi of McDermott Will & Emery LLP.

  • A Texas Court’s Broad Reading Of FCA Public Disclosure Bar

    Allyson Singel Aldous

    A Texas federal court's recent decision in U.S. v. Solvay SA curtails whistleblowers’ ability to bring successful False Claims Act claims by expanding the scope of the public disclosure bar and the parameters of voluntary disclosure, says Allyson Singel Aldous of Buchanan Ingersoll & Rooney PC.

  • This Week In Congress: Bicameral Coincidence, Vote-A-Rama

    Richard A. Hertling

    This week both chambers begin the annual congressional budget debate, a process that will set the budget rules and spending limits for the congressional appropriations committees in funding federal agencies for fiscal year 2016. And on Thursday, the Senate will begin its famed “Vote-a-rama,” say Richard Hertling and Kaitlyn McClure of Covington & Burling LLP.

  • 3 Ways To Curb Insider Threats Without Alienating Employees

    Thom Ottoson

    Insider threats may be the most grievous of threats companies face because they always come from a trusted individual. But not all trusted individuals should be subject to scrutiny all the time. Instead of creating a culture of security, it causes a culture of fear, say Thomas Ottoson and Nicholas Metzgar, founders of LemonFish Technologies LLC and former technical directors in the Office of the Director of National Intelligence.

  • Medical Device Companies Face Increased TAA Scrutiny

    Lawrence Sher

    A spate of recent multimillion-dollar settlements has shown that medical device manufacturers are subject to substantial liability under the False Claims Act if they misstate the country of origin of their products in violation of the Trade Agreements Act, say attorneys with Reed Smith LLP.