Government Contracts

  • December 17, 2014

    Government Contracts MVP: Wiley Rein's Scott McCaleb

    Scott McCaleb of Wiley Rein LLP has worked on government contracts matters as high-value as they are high-profile over the past year, including his advisory work regarding the Affordable Care Act and defense work in a $78 million false claims suit, landing him among Law360's Government Contracts MVPs.

  • December 17, 2014

    NASA Dropping Ball On Blanket Purchase Awards, OIG Says

    NASA is failing to maximize competition in its award of over $100 million a year in blanket purchase agreements, according to an inspector general's report Tuesday that recommended NASA remind officials to request vendor discounts more frequently and conduct annual reviews.

  • December 17, 2014

    8th Circ. Affirms Bayer's FCA Loss But Trims Damages

    The Eighth Circuit on Wednesday affirmed that a former Bayer Corp. sales representative was terminated in retaliation for alerting authorities to a customer’s Medicaid scam, but trimmed about a third off his $890,000 damages award because it found the emotional distress award was excessive.

  • December 17, 2014

    PennDOT Corruption Investigation Snares 10

    Ten people, including two former PennDOT managers, have been charged for their alleged roles in an overbilling scheme that defrauded state taxpayers of at least $1.2 million, Pennsylvania Attorney General Kathleen G. Kane announced Wednesday.

  • December 17, 2014

    Fight Over UCLA’s $162M Hotel Plan Hits Calif. Appeals Court

    A nonprofit fighting UCLA's proposed $162 million hotel and conference center urged a California appellate panel Tuesday to overturn a judge's order tossing its suit under the state's anti-SLAPP law, saying its claims that the plan is an unlawful transfer of public funds are protected under a public interest exemption.

  • December 17, 2014

    SUNY Agency Strikes $4M Settlement In Medicaid Audit Case

    The Research Foundation for the State University of New York will pay $3.75 million to settle a whistleblower suit in New York federal court, admitting that it manipulated audits of New York's Medicaid program and Children's Health Insurance Program under a contract with the state, the U.S. Department of Justice said Monday.

  • December 17, 2014

    2nd Circ. Wonders If Argentina Debt-Dodging Is 'Pathological'

    The Second Circuit on Wednesday asked whether Argentina would bother complying with bond investors' requests for information related to bank, real estate and contractual assets if the court upheld a trial judge's discovery order, with one appellate judge calling the South American country a "pathological" and recalcitrant deadbeat.

  • December 17, 2014

    Northrop Grumman Wins $657M Drone Contract

    A Northrop Grumman Corp. unit has nabbed a $657 million aircraft contract to provide four drones and related equipment to the government of South Korea, according to a Tuesday notice from the U.S. Department of Defense.

  • December 16, 2014

    Senate Advances Security Clearance Reform Bill

    The U.S. Senate took one step closer to security clearance processes on Monday when it passed the Security Clearance Accountability, Reform and Enhancement Act, a measure that limits employment protection for background investigators found guilty of misconduct.

  • December 16, 2014

    Former Nonprofit Worker Indicted For Afghanistan Bribery

    A former International Relief and Development Inc. employee was indicted Tuesday in Texas federal court for allegedly soliciting and accepting bribes in exchange for his influence in awarding government-funded contracts in Afghanistan, prosecutors said.

  • December 16, 2014

    DynCorp Hammers Ecuadorians' Surviving Chem-Spray Claims

    Dyncorp International Inc. on Monday targeted the remaining claims of 2,000 Ecuadorian workers allegedly harmed by the contractor’s spraying of herbicides along the Colombia-Ecuador border to eradicate suspected drug farms, arguing nuisance wasn't a valid claim and the company lacked individual intent to batter or distress each worker.

  • December 16, 2014

    Kiewit-Turner, VA To Discuss Reviving $1B Hospital Project

    A joint venture of Kiewit Building Group and Turner Construction Co. told Law360 on Tuesday that it plans to meet with the Department of Veteran Affairs to discuss possibly restarting a $1 billion hospital project that the developers recently walked away from after litigation over cost overruns.

  • December 16, 2014

    Senate GOP Names Armed Services Committee Members

    Senate Republicans on Monday named five new members to serve on the Armed Services Committee for the next two years, capitalizing on the party’s success in November’s midterm elections.

  • December 16, 2014

    Ex-Employee Accuses Abbott Of Retaliation In FCA Suit

    A False Claims Act suit unsealed in Massachusetts federal court on Monday accuses Abbott Laboratories Inc. of retaliating against a former medical manager after her refusal to participate in a supposedly illegal marketing scheme that affected Medicare and Medicaid payments.

  • December 16, 2014

    Government Contracts MVP: Hogan Lovells' Michael Mason

    Michael Mason has had a busy year at Hogan Lovells, serving as lead attorney on several major government contracts cases, including a key victory for Lockheed Martin Corp. and a hard-fought settlement for Stryker Corp., and earning himself a repeat selection to Law360's list of Government Contracts MVPs.

  • December 16, 2014

    Lockheed Wins $235M Contract For Navy Missile Launchers

    Lockheed Martin Corp. has nabbed a $235 million contract to continue producing its vertical missile launchers for the U.S. Navy until 2022, the company announced on Tuesday.

  • December 16, 2014

    Verizon Asks High Court To Put Its FCA Case On Hold

    Verizon Communications Inc. asked the U.S. Supreme Court to hold a whistleblower’s False Claims Act petition against it pending resolution of another case, saying its central issue — whether the first-to-file bar applies only when the previous case is in active litigation — would likely be resolved there.

  • December 15, 2014

    Pemex Must Post $593M Bond In Refinery Dispute

    A New York federal judge on Friday ordered Mexico's state-owned oil firm, Petroleos Mexicanos, to post $593 million in security for an arbitration decision favoring a Siemens AG and SK Engineering & Construction Co. Ltd. joint venture over an oil refinery rehabilitation project.

  • December 15, 2014

    UPS Sends Gov’t Shipping Overcharge FCA Suit Packing

    A California federal judge on Monday tossed a UPS worker’s False Claims Act suit alleging the shipping giant overcharged the federal government, saying the plaintiff must more specifically plead the government contracts UPS purportedly violated with its billing practices.

  • December 15, 2014

    Magistrate Suggests Slashing Attys' Fees In Keiser FCA Suit

    A magistrate judge has recommended awarding just 5 percent of more than $1 million in attorneys' fees and expenses plaintiffs requested in a $4 billion False Claims Act suit against Keiser University that netted just $11,000 in damages, finding the claims "excessive" and "not reasonable."

Expert Analysis

  • What Happens When Legal Aid Cuts Stimulate Pro Bono?

    Kevin J. Curnin

    The bad news coming out of the European Pro Bono Summit in November was the rising toll of heavy cuts to public legal aid in England. From this crossroad, there is a lot to be learned about the relationship between public and private assistance, the direction of legal help for the poor in the EU, and whether the American legal aid/pro bono experience offers a road map for what’s next in Europe, says Kevin Curnin of the Association ... (continued)

  • 2014 Cases That May Change Suspension, Debarment Practice

    David Robbins

    Although rising numbers of suspensions and debarments and ongoing litigation concerning the ability to suspend corporate affiliates received attention in 2014, the most interesting and perhaps lasting developments affecting suspension and debarment practice arose in two bid protest decisions, say David Robbins and Laura Baker of Shulman Rogers Gandal Pordy & Ecker PA.

  • 2015 May Be 'Year Of The Individual' At DOJ

    Timothy Belevetz

    Recent trends, along with seemingly choreographed statements from high-ranking U.S. Department of Justice officials, provide something of a forecast for what may be on deck for 2015. An analysis of that data points to three key areas of focus, all tied to a coordinated effort to shift the spotlight onto individual offenders, says Timothy Belevetz, a partner with Holland & Knight LLP and former federal prosecutor.

  • Expect More Of The Same DCAA Problems In 2015

    Dave Nadler

    Although the Defense Contract Audit Agency's fiscal year 2014 metrics will not be reported until early next year, there is every indication that this year the agency faces the same chronic issues that plagued it in 2013 and prior years, say Dave Nadler and David Yang of Dickstein Shapiro LLP.

  • Insights On DOD’s Final Counterfeit Parts Rule

    Vincent J. Napoleon

    While the U.S. Department of Defense's final rule on counterfeit electronic parts is generally viewed by thought leaders as a step in the right direction to eliminate the incidents of counterfeit electronic parts in the supply chain, there are concerns that it is not entirely comprehensive and absolute in eliminating the infiltration of counterfeit parts into the DOD supply chain, say Vincent J. Napoleon and Diana Vilmenay of Nixon Peabody LLP.

  • 3 Questions To Ask Yourself Before Hiring Appellate Counsel

    David Axelrad

    In the classic case, a client and his attorney seek appellate counsel after the trial court proceedings are concluded. But these days, “classic cases” are few and far between — more and more, appellate lawyers assist in the trial court with preservation of the appellate record and compliance with the many technical rules of appellate procedure, says David Axelrad of Horvitz & Levy LLP.

  • CMS Databases Increase Qui Tam Risk For Health Providers

    Benjamin Christenson

    In 2014, the Centers for Medicare and Medicaid Services released two new sources of data that are intended to increase transparency related to federal payments to physicians. They also present a risk of being used by whistleblowers and attorneys to support qui tam lawsuits alleging violations of the False Claims Act, the Anti-Kickback Act or the Stark Law, say Benjamin Christenson and Christina Egan of McGuireWoods LLP.

  • Tracking The 'Year Of Action' For Gov't Contractors

    Jon Geier

    President Obama's State of the Union address in 2014 called for a “year of action” and indeed it was — the president issued five significant orders or directives on issues such as the minimum wage and LGBT equality that could have widespread ramifications for federal government contractors for years to come, say Jon Geier and Blake Bertagna of Paul Hastings LLP.

  • Key FCA Developments For Health Care In 2014

    Daniel Fundakowski

    After a year of significant False Claims Act activity in the health care sector, qui tam activity is expected to continue rising in 2015 — and, with the U.S. Department of Justice now reviewing all qui tam complaints for criminal liability, an attendant increase in criminal enforcement is also to be expected, say attorneys at Epstein Becker & Green PC.

  • 8 Tips For Avoiding FCPA Risks In Foreign Official Travel

    William Steinman

    While the Foreign Corrupt Practices Act contains provisions that allow companies to incur reasonable and bona fide travel and lodging expenses on behalf of foreign officials, a recent U.S. Securities and Exchange Commission action underscores that this can be a high-risk activity. To mitigate these risks, compliance professionals should remember the old Russian proverb “trust, but verify,” says William Steinman of Steinman & Rodgers LLP.