Government Contracts

  • August 28, 2014

    Overruns Plague Federal Health Exchange Contracts, IG Finds

    The inspector general of the U.S. Department of Health and Human Services issued the first in a series of reports on contracts related to the development of the federal health care exchanges, finding Tuesday that one-third of the contracts have already exceeded their expected costs and seven have doubled in price.

  • August 28, 2014

    Contractor Sues VA Over Small Business Disqualification

    AmBuild Company LLC, a veteran-owned small business, sued the Department of Veterans Affairs Thursday, saying the agency improperly kicked it out of the VA's small business contracting program without allowing the company to address concerns about its ownership structure.

  • August 28, 2014

    Ex-SC Lawmaker Pleads Not Guilty To Money Laundering

    A former South Carolina state legislator pled not guilty Thursday to federal money laundering and fraud charges for allegedly helping the owner of a paving company conceal assets from an insurer after the company defaulted on a $6 million contract for a highway project.

  • August 28, 2014

    NJ Doctors Can't Dodge Atlantic Health FCA Claims

    A group of New Jersey physicians couldn't pare claims from a federal False Claims Act suit as a New Jersey judge on Tuesday denied their motion to dismiss claims they fraudulently billed Medicare for unnecessary services at Atlantic Health Systems Inc. hospitals.

  • August 28, 2014

    NYC Kicks $42M To School Bus Drivers

    New York City Mayor Bill de Blasio on Thursday signed legislation that grants up to $42 million to school bus drivers, represented by Local 1181 of the Amalgamated Transit Union, whose employers signed contracts under the previous mayor that did not guarantee protections including job security.

  • August 28, 2014

    NASA Ends Review Of $12B Rocket System, Eyes 2018 Launch

    NASA announced on Wednesday that it will take the next steps in its $12 billion space rocket program after completing a stringent review of the system, eyeing a first uncrewed flight in late 2018.

  • August 28, 2014

    Education Corp. Looks To Shake Whistleblower FCA Suit

    For-profit university system Education Corp. of America asked an Alabama federal court Thursday to toss a False Claims Act suit brought by two former adjunct instructors alleging one of its member schools falsified student grades as part of a scheme to secure federal grants.

  • August 28, 2014

    DOD's IP Strategy Puts More Pressure On Contractor Data

    The U.S. Defense Department's recent guidelines on intellectual property rights could be a double-edged sword for contractors, potentially preventing some costly late-in-the-game disputes over the DOD's rights to access and use contractor technical data but also giving the government more leverage to demand up-front access, attorneys say.

  • August 28, 2014

    Navy Pads Lockheed F-35 Contract With Another $122M

    Lockheed Martin Corp.'s aeronautics unit scored a $122 million contract modification to provide sensor covers, tool sets and other equipment for F-35 Lightning II fighter jets for the U.S. Navy and Air Force, the Department of Defense said on Wednesday.

  • August 28, 2014

    Greenberg Snags Ex-Troutman Defense Contract Litigator

    Greenberg Traurig LLP has bolstered its litigation practice with the addition to its Northern Virginia office of a former Troutman Sanders LLP attorney whose work focuses on defense contracts.

  • August 27, 2014

    Texas Sues Xerox For Return Of Medicaid Records

    The Texas Health and Human Services Commission sued a Xerox Corp. unit in state court Tuesday seeking the immediate return of all records related to Xerox’s administration of state Medicaid payments, adding a new wrinkle to state allegations Xerox overpaid predatory dental companies.

  • August 27, 2014

    FTC Must Face Suit Over Skirting Rules Of Robocall Contest

    A man who sued the U.S. government after losing a Federal Trade Commission-sponsored contest to address the problem of robocalling has sufficiently alleged the agency failed to follow the rules of the contest, a U.S. Court of Federal Claims judge said on Tuesday.

  • August 27, 2014

    Ex-Employee Hits Excelitas With $13M False Claims Act Suit

    A former employee of defense contractor Excelitas Technologies Inc. has accused the company of defrauding the government by selling $13 million worth of sub-standard radar components to the government and other contractors, according to a lawsuit unsealed Wednesday in Massachusetts federal court.

  • August 27, 2014

    Contractor Wins Partial Toss Of Shoddy-Truck FCA Suit

    A company facing fraud charges over a contract to build armored trucks for the U.S. military in Iraq dodged several claims in a related whistleblower’s suit that alleges it sold substandard trucks when a Virginia federal judge whittled down the suit on Tuesday.

  • August 27, 2014

    Saab Snags Up To $187M Spec Ops Weapons Contract

    Swedish defense and security company Saab AB said on Wednesday it has been awarded a five-year contract worth a potential $187 million from the U.S. Special Operations Command to provide weapons and ammunition for a portable weapon system.

  • August 27, 2014

    Mass. Asks 1st Circ. To Revive UHS False Claims Act Suit

    Massachusetts on Monday asked the First Circuit to revive a qui tam suit alleging Universal Health Services Inc. improperly billed the government for mental health services provided by unlicensed practitioners, saying a lower court was overly rigid in interpreting conditions for determining False Claims Act liability.

  • August 27, 2014

    NOAA Ignored Satellite Security Flaws, Watchdog Says

    A U.S. Department of Commerce watchdog has criticized the National Oceanic and Atmospheric Administration for ignoring thousands of high-risk security issues with its storm- and weather-tracking satellite program, alleging that many of the weaknesses may not be fixed for two years.

  • August 27, 2014

    Jones Day Reps JF Lehman In Military Contractor Deal

    Middle-market private-equity shop J.F. Lehman & Co. said Wednesday that it would acquire military contractor Aeronautical & GI Holdings Ltd., parent of Aeronautical & General Instruments Ltd. and Hoffman Engineering Corp., for an undisclosed amount.

  • August 26, 2014

    EPA Sanctioned Over Backdated Document In Contract Row

    The U.S. Court of Federal Claims on Monday issued an opinion sanctioning the U.S. Environmental Protection Agency for including an inaccurate and backdated explanation for its decision to cancel a protested $24 million soil remediation contract, saying that the agency misled the protester and the court.

  • August 26, 2014

    2nd Circ. Won't Rehear Pemex's Tossed $160M Bribery Suit

    The Second Circuit on Monday declined to grant a panel rehearing to Petroleos Mexicanos and Pemex-Refinacion over the court's dismissal of a $160 million lawsuit alleging Siemens AG and SK Engineering & Construction Co. Ltd. bribed Mexican government officials to secure a refinery construction contract.

Expert Analysis

  • 5 Reasons Large Companies Are Turning To Boutique Firms

    David M. Levine

    The departure of attorneys from large firms is a trend that has increased as a result of the Great Recession and its aftermath, and boutique firm partners who previously worked at large firms understand the potential large-firm pitfalls, say attorneys with Levine Kellogg Lehman Schneider & Grossman LLP.

  • Barko Muzzled, But Attorney-Client Info Remains At Risk

    Andrew Irwin

    There can be no assurance that the D.C. Circuit’s decision in Barko v. Halliburton Co. will lead courts in other jurisdictions to reach similar results — particularly in jurisdictions outside the U.S. where multinational corporations may well face efforts to compel disclosure of attorney-client information, say attorneys with Steptoe & Johnson LLP.

  • Vague Deadline For Pre-Award Protests Has Silver Lining

    Terrence O’Connor

    The Federal Circuit has created a “deadline” for government contractors considering a pre-award protest at the U.S. Court of Federal Claims that fails to create the bright-line point-in-time so essential to a traditional deadline. But there's a subtle silver lining for unsuccessful offerors, says Terrence O’Connor of Berenzweig Leonard LLP.

  • Medical Directors At Risk Under Anti-Kickback Statute

    Steve Grimes

    Over the years, the scope of prohibited conduct covered by the Anti-Kickback Statute has expanded, giving the federal government extraordinary power to investigate and prosecute those suspected of putting their own financial well-being ahead of their patients’ care, say Steve Grimes and Dan Rubinstein of Winston & Strawn LLP.

  • Fresenius Opens Door To FCA Tax Breaks

    Lawrence Hill

    Fresenius Medical Care Holdings Inc. v. U.S, recently decided by the First Circuit, opens the door for corporations to seek deductions for the double damages portion of False Claims Act awards in the absence of a tax characterization agreement, say attorneys with Shearman & Sterling LLP.

  • Don't Expect Fed. Claims Court To Defer To GAO Decision

    Alexander Ginsberg

    The U.S. Court of Federal Claims’ recent decision in Rush Construction Inc. v. U.S. may foretell greater judicial scrutiny of agency corrective action and a shift at the court away from deference to U.S. Government Accountability Office bid protest recommendations, say Joel Van Over and Alexander Ginsberg of Pillsbury Winthrop Shaw Pittman LLP.

  • How To Control Risk And Cost Of E-Discovery

    "If you follow the philosophy of saving everything you're just multiplying exponentially the costs and risks of litigation and investigations," says Robert Owen, partner in charge of Sutherland Asbill & Brennan LLP's New York office and president of the Electronic Discovery Institute.

  • 8th Circ. Provides Guidance On FCA Public Disclosure Bar

    Joe Dosch

    The Eighth Circuit recently affirmed the dismissal of a qui tam False Claims Act suit in Paulos v. Stryker Corp. and in doing so offered helpful guidance regarding the proper application of the public disclosure bar, while highlighting an open issue regarding public disclosure, say Scott Stein and Joe Dosch of Sidley Austin LLP.

  • Is Project Labscam II On The Horizon?

    Marilyn May

    While there is no way of knowing whether — or how many — lab investigations and sealed qui tams are proceeding in U.S. attorney’s offices, there is a strong likelihood that law enforcement will be taking a closer look at a recent study from the U.S. Department of Health and Human Services' Office of Inspector General in deciding what cases are worth pursuing, say Marilyn May and Jennifer Kang of Arnold & Porter LLP.

  • An In-House Lawyer's Top 10 Tips For Outside Counsel

    Francis M. Drelling

    To this day, I have yet to see a litigation hold letter that was written by someone who understands the realities of how a business is actually run. In-house counsel cannot issue decrees to business units that read like they are issued by the king to his subjects, says Francis Drelling, in-house counsel at Specialty Restaurants Corp.