Government Contracts

  • September 29, 2016

    Cos. May Lose Gov't Contracts Over Personal Tax Debts

    Pass-through businesses like S-corps and partnerships that are bidding for federal contracts will need to be extra cautious about ensuring individual executives and shareholders pay outstanding tax liabilities now that the federal government has finalized rules barring tax cheats and convicted felons from such awards.

  • September 29, 2016

    Drug Cos. Lose Bid to Stay Chicago's Opioid Marketing Suit

    Some of the nation’s leading pharmaceutical companies on Thursday lost a bid to dodge consumer fraud claims from the city of Chicago over an alleged scheme to sell opiates despite their addictive properties, with an Illinois federal judge denying an attempt to stay the case pending FDA reviews.

  • September 29, 2016

    Final Sick Leave Rule Offers Little Relief For Contractors

    Despite some minor tweaks, the U.S. Department of Labor's final rule requiring federal contractors to provide paid sick leave to employees still imposes a significant burden on those companies, attorneys said, especially in combination with a slate of other recently introduced labor rules.

  • September 29, 2016

    Activist Groups, Others Back FCC Inmate Call Rate At DC Circ.

    Prison reform groups and others threw their weight behind the Federal Communications Commission on Thursday, telling the D.C. Circuit that the agency did not overstep its authority when setting mandated limits on rates for inmate calls, including related fees.

  • September 29, 2016

    Ex-Insys Manager Charged In Fentanyl Kickback Scheme

    A former Insys Therapeutics Inc. sales manager was arrested Thursday on accusations that he participated in a scheme to provide medical professionals with kickbacks in exchange for their prescribing a spray version of the opioid fentanyl, and has pled not guilty in Connecticut federal court.

  • September 29, 2016

    Lockheed To Weaponize $38B Australian Submarine Program

    Lockheed Martin was selected to supply combat systems for Australia's $38 billion fleet of newly procured submarines, beating out its U.S. competitor Raytheon for the work, Australian military officials announced Friday.

  • September 29, 2016

    Chicago Denies Challenge To $1.3B Train Car Contract

    The Chicago Transit Authority will keep its $1.3 billion contract with a Chinese company to build 850 new rail cars for the city’s elevated train line, the transit agency said Thursday, rejecting Bombardier Transit Corp.’s request to reconsider.

  • September 29, 2016

    Bank To Pay $83M For Getting FHA Insurance On Bad Loans

    A major North Carolina-based bank will pay $83 million to resolve allegations it violated the False Claims Act by obtaining Federal Housing Authority insurance on risky ineligible mortgages, the U.S. Department of Justice said Thursday.

  • September 29, 2016

    Feds Adopt Rule To Boost Women-Owned Small Biz Contracts

    Federal acquisition officials finalized a rule Thursday that will let contracting officers award sole-source contracts to women-owned small businesses in certain industries where such businesses are underrepresented in the federal marketplace.

  • September 29, 2016

    Obama Nominates Acting Pentagon IG For Permanent Role

    President Barack Obama announced his plans Wednesday to nominate acting U.S. Department of Defense Inspector General Glenn A. Fine to formally take on the role as top Pentagon watchdog that he's held informally since January.

  • September 29, 2016

    Ohio Surgery Center Loses Bid To Escape FCA Spat

    An Ohio federal judge shot down a surgery center’s bid to shake False Claims Act litigation stemming from a now-fugitive orthopedic surgeon’s alleged use of an unapproved medical device for unnecessary procedures that Medicare and Medicaid were supposedly billed for, holding Wednesday that questions of fact remain.

  • September 29, 2016

    Claims Against Army Trimmed In Row Over $4.8M Contract

    The Court of Federal Claims temporarily tossed certain claims a defense contractor lobbed against the U.S. Army Corps of Engineers for allegedly failing to cooperate on a $4.8 million construction contract, ruling Wednesday that the contractor needed to first deal with the Army directly.

  • September 29, 2016

    Safran In Talks With Advent Over $2.7B Sale Of Unit

    French aerospace company Safran revealed Wednesday that it is in exclusive negotiations with private equity firm Advent International to sell its identity and security business in a deal that values the unit at about €2.4 billion ($2.7 billion), following a strategic review of its options.

  • September 29, 2016

    NJ County, Contractor Agree To Pay $4.8M In Unpaid Wages

    New Jersey’s Essex County and a contractor it hired to run an immigration detention facility will pay $4.8 million in back wages and fringe benefits to 122 employees they were accused of paying at roughly a third of the federally mandated rate, the Department of Labor’s Wage and Hour Division said Thursday.

  • September 29, 2016

    DOL Issues Final Contractor Sick Leave Rule

    The U.S. Department of Labor on Thursday released its final rule requiring federal contractors to give their employees at least seven days of paid sick leave each year, implementing President Barack Obama’s 2015 executive order.

  • September 29, 2016

    Feds Adopt Rules To Boot Tax Cheats, Felons From Contracts

    Federal acquisition officials finalized a rule Thursday that would potentially kick tax cheats and convicted felons out of the federal contracting system.

  • September 28, 2016

    GEO Group Wants Out Of Private Prison Stock-Drop Suit

    Private prison company GEO Group Inc. urged a Florida federal judge Wednesday to toss a putative class action accusing it of securities fraud, saying the claims are based on a “gross distortion” of the U.S. Department of Justice's recent policy shift to phase out of private prisons, including those of GEO.

  • September 28, 2016

    Dairyland's Use Of Fed. Circ. Ruling Axed In Nuke Fuel Row

    The Court of Federal Claims on Wednesday largely rejected Dairyland Power Cooperative's interpretation of a Federal Circuit ruling in the company's efforts to break down the tasks of unloading fuel and their associated costs in its suit alleging the federal government failed to fulfill a contract to store nuclear waste.

  • September 28, 2016

    House Passes Water Infrastructure Bill, With Flint Aid

    The U.S. House of Representatives on Wednesday passed its version of a bill authorizing U.S. Army Corps of Engineers water infrastructure projects, adding its own measures for aid to Flint, Michigan, and altering Corps policy related to Native American tribes.

  • September 28, 2016

    Military Consultant Must Face IP Claim In Peru Weapons Suit

    A Florida federal judge allowed a gun maker's trade secrets and breach-of-contract claims to remain mostly intact Tuesday in its suit alleging a military consultant and its officers squeezed it out of a weapons contract with Peru’s military worth more than $100 million.

Expert Analysis

  • Oral Advocacy And 'Vocal Fry'

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    In a sneak preview of the fall edition of Legal Communication & Rhetoric, Professor Michael Higdon of the University of Tennessee College of Law explores the negative reactions to "vocal fry," the accusations of sexism those reactions have engendered, and what all this means for female attorneys.

  • How Escobar Is Already Affecting FCA Litigants

    Brian Irving

    A New York federal court's recent decision in U.S. v. Northern Adult Daily Health Care Center is one of the first to substantively apply the U.S. Supreme Court's ruling in Escobar. It highlights the barrier the False Claims Act’s materiality requirement poses to FCA relators while also suggesting ways in which courts already are divided in their interpretation of Escobar, says Brian Irving of Bass Berry & Sims PLC.

  • Problems In New General Services Administration OIG Memo

    Dismas N. Locaria

    The U.S. General Services Administration Office of the Inspector General recently issued a memorandum — the fourth in a series over the past several years — detailing major issues identified during the OIG's fiscal year 2014 pre-award audits. The findings are based on two faulty premises, say Dismas Locaria and Melanie Totman of Venable LLP.

  • The Courtroom Where It Happened: Hamilton As A Lawyer

    Randy Maniloff

    Often lost in discussions about Alexander Hamilton is that he was an extremely important New York lawyer. He had an extensive law practice until his death in 1804 and he wrote what is considered to be the first treatise in the field of private law. Ultimately, Hamilton certainly did get "a lot farther by working a lot harder, by being a lot smarter, by being a self-starter," says Randy Maniloff of White and Williams LLP.

  • Why Have Lawyers Forgotten About The Middle Class?

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    Sorry, fellow lawyers, judges and legislators, but the jig is up. It’s time to show the public the cards up our sleeves and give them a chance to weigh in on the fairness of a system that touches so many aspects of their everyday lives, says Chas Rampenthal, general counsel of LegalZoom.

  • The Perils Of Parallel FCA Proceedings

    Tony Maida

    Parallel criminal and civil proceedings in False Claims Act cases raise important and troublesome issues for the defense, including protecting the defendant’s Fifth Amendment rights while mounting a robust defense in the civil case. But, as shown in recent decisions from the Eastern District of Kentucky and Southern District of New York, parallel proceedings may also prove challenging to the U.S. Department of Justice, say Tony Mai... (continued)

  • When Ambiguous Regs Preclude FCA Liability

    Taylor Chenery

    The Eighth Circuit’s opinion in U.S. v. Anesthesia Associates is the most recent in a line of cases suggesting that a provider faced with a potentially ambiguous regulation or statute can protect itself from potential False Claims Act liability by taking steps to ensure that its interpretation of the ambiguous provision is reasonable under the circumstances, says Taylor Chenery of Bass Berry & Sims PLC.

  • GAO Extends Reach Of OCI Protest Timeliness Rules

    Aron C. Beezley

    A Squared Joint Venture appears to be the first published decision in which the U.S. Government Accountability Office found a protester’s post-award organizational conflict of interest allegation to be untimely where the protester failed to raise the allegation via a pre-award bid protest, and where the protester’s OCI allegation involved the protester’s — rather than a competitor’s — eligibility to participate in the competition, ... (continued)

  • Overhauling Law Firm Records Departments For A New Reality

    Raymond Fashola

    As automation increases, so do business challenges that impact overall law firm operations. Records departments are facing roadblocks associated with antiquated processes, ever-changing regulatory requirements, and emerging technologies. As a result, firms are reassessing the needs of their records department staffing models, says Raymond Fashola of HBR Consulting.

  • Courts Are Taking Materiality Seriously Post-Escobar

    Bradley D. Wine

    Three months after the U.S. Supreme Court's Escobar decision, we can see some trends emerging in False Claims Act decisions that may give contractors a ray of hope, say Bradley Wine and Daniel Chudd of Morrison & Foerster LLP.