Government Contracts

  • September 2, 2015

    Trinity Can't Keep Guardrail Docs Sealed, Whistleblower Says

    A whistleblower urged the Fifth Circuit on Tuesday to reject Trinity Industries Inc.'s bid to reverse a district court order unsealing hundreds of documents that the company contends contain trade secrets in a $663 million False Claims Act lawsuit over dangerous guardrails, saying the company's contention is false.

  • September 2, 2015

    Vendors Allegedly Bilked NASA With Fraudulent Claims

    The United States cracked down on two NASA vendors who received more than a billion dollars in federal contracts, alleging in a suit filed Wednesday in Florida court that the companies defrauded the government for years, in violation of the False Claims Act.

  • September 2, 2015

    Baker & McKenzie Adds 2 Compliance Attorneys In DC

    Baker & McKenzie LLP announced the addition of two experienced attorneys who bring decades of experience in corporate and regulatory law to its growing litigation and government enforcement practice as partners in Washington, D.C.

  • September 2, 2015

    Mass. Judge Says Pfizer Whistleblower Suit Likely To Proceed

    The Massachusetts federal judge overseeing two consolidated whistleblower suits accusing the pharmaceutical arm of Pfizer Inc. of overcharging state Medicaid programs hundred of millions of dollars for the acid reflux drug Protonix said Tuesday he was inclined to deny the company’s four-year-old motion for summary judgment.

  • September 2, 2015

    2nd Judge This Week Steps Off PNC False Claims Suit

    On Wednesday another Michigan federal judge recused himself from a False Claims Act suit alleging PNC Financial Services Group Inc. did not disclose environmental contamination liability when applying for Troubled Asset Relief Program funds, the second judge to do so this week.

  • September 2, 2015

    NY Atty Disbarred For Bribery Over NJ Rail Project

    An attorney convicted of conspiring with a New Jersey Department of Transportation engineer in a bribery scheme that fraudulently inflated the cost of a grant-funded railroad repair project was disbarred Tuesday by a New York Supreme Court tribunal.

  • September 2, 2015

    8 Indicted In $50M Calif. Drug Treatment Center Fraud

    Eight former employees of a California alcohol and drug treatment program were indicted on 40 counts of health care fraud and aggravated identity theft after allegedly submitting more than $50 million in fraudulent bills to the state, the U.S. Department of Justice announced on Wednesday.

  • September 2, 2015

    Watt Tieder Beats $52M Malpractice Suit

    Watt Tieder Hoffar & Fitzgerald LLP escaped a $52 million malpractice suit Wednesday after a New York federal judge ruled that a construction company owner alleging he was represented by the firm in negotiations with the government hadn't proved he had an attorney-client relationship.

  • September 2, 2015

    DC Circ. Urged To Revive Philip Morris FCA Suit

    The relator in a False Claims Act suit alleging Philip Morris Inc. overcharged the Pentagon for cigarettes urged the D.C. Circuit Monday to revive his complaint for a second time, saying his allegations had not been publicly revealed before filing suit.

  • September 2, 2015

    Solar Co. Can't Collect On Abandoned $30M Gov't Loan

    The U.S. Court of Federal Claims on Tuesday tossed a California solar company’s suit accusing the federal government of breaching a $30 million loan contract to produce solar panels in India, finding the company hadn’t properly alleged a claim.

  • September 2, 2015

    GAO Denies Hughes' Protest Of $23M Army Support Contract

    The U.S. Government Accountability Office has denied Hughes Group LLC’s protest of a $22.8 million U.S. Army sustainment support contract award, saying that Hughes failed to prevail over the Army’s decision that it didn’t understand the contract, according to a decision published on Tuesday.

  • September 2, 2015

    Mexican Workers Add Racketeering Claim To Miss. Wage Suit

    Several Mexican guest workers amended their lawsuit against a defunct Mississippi landscaper, adding allegations that the company violated federal racketeering laws when it cheated them out of wages.

  • September 2, 2015

    Kmart To Pay $1.4M To Settle Whisteblower’s FCA Suit

    Kmart Corp. has agreed to pay the government $1.4 million to settle a suit in Missouri federal court alleging the company used coupons to entice Medicare beneficiaries to use its pharmacies in violation of the False Claims Act, the U.S. Department of Justice announced Tuesday.

  • September 2, 2015

    Cyber Firm Nabs $133M OPM Contract To Handle Mega-Breach

    The Office of Personnel Management has awarded Portland, Oregon-based Identity Theft Guard Solutions LLC a $133.26 million contract to provide response services for the agency’s unprecedented July data breach, where hackers made off with the personal information of 21.5 million current, former and prospective government employees.

  • September 1, 2015

    Architecture Co. Slams VA Suspension Over Ex-Exec’s Fraud

    An architecture and engineering firm claimed Monday in D.C. federal court that the U.S. Department of Veterans Affairs wrongfully suspended it from competing for millions of dollars in government contracts after a former executive was indicted for bribery related to VA projects.

  • September 1, 2015

    Reps. Press EPA For Mine Spill Info, Question DOI Role

    Three Republican representatives on Tuesday released letters to the U.S. Environmental Protection Agency and a private contractor, seeking documents related to the Gold King Mine spill in Colorado and its subsequent cleanup and questioning the agency’s decision to tap the U.S. Department of the Interior to investigate the disaster.

  • September 1, 2015

    Honeywell Loses Doc Privilege Fight In Subcontractor’s Suit

    Honeywell International Inc. lost a discovery battle Tuesday in a suit alleging it wrongly ditched a subcontractor after winning a $61 million U.S. Army contract, with a Missouri federal magistrate finding the subcontractor can still assert attorney-client privilege over various documents despite having shared them with a consultant.

  • September 1, 2015

    Relator Fights AT&T Stay Bid In E-Rate False Claims Suit

    The relator in a recently revived False Claims Act suit accusing AT&T Inc. of overbilling schools and libraries for Internet service urged a Washington, D.C., federal court Tuesday not to stay the suit while AT&T appeals to the U.S. Supreme Court.

  • September 1, 2015

    State Dept. Approves $3B Apache Copter Deal For UK Gov’t

    The United Kingdom could soon go forward with a $3 billion deal to remanufacture 50 Apache helicopters and associated equipment after the U.S. Department of State’s approval, according to an announcement from the Defense Security Cooperation Agency.

  • September 1, 2015

    Merck Beats Back Whistleblower's FCA Claims Over Integrilin

    A California federal judge on Monday tossed a whistleblower’s False Claims Act allegations against Merck and Co. Inc. of off-label promotion of Integrilin and kickbacks, ruling they were substantially similar to claims against Millennium Pharmaceuticals Inc. that he had previously dismissed.

Expert Analysis

  • Lessons For EPA Regulators After Gold King Mine Spill

    Charles M. Crout

    After the Gold King Mine spill, the U.S. Environmental Protection Agency may now have a glimpse of the difficulties private parties are expected to overcome in responding to such a release. That the EPA struggled with alerting the proper authorities shows the challenges others face in navigating through local, state and federal agencies when addressing a release, says Charles Crout of Andrews Kurth LLP.

  • Reconsideration Still For Only The Rarest Of Protest Cases

    Carrie Apfel

    The Government Accountability Office's recent ruling in SCB Solutions Inc. shows that requests for reconsideration in GAO protests are not an entirely hopeless endeavor. But the facts of this case set it apart from the typical protest, says Carrie Apfel of Jenner & Block LLP.

  • Is There 'Credible Information' Of A CTIPs Violation?

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    Compliance officers and attorneys need to develop a working understanding of “credible information” as used in the Federal Acquisition Regulation Combating Trafficking in Persons clause. Unlike other terms, “credible information” is not a precise legal term. There is also an inconsistency within the FAR, says Robert Stamps, special counsel for Afghanistan at Fluor Intercontinental Inc.

  • Understanding PURPA Rights In Power Purchase Agreements

    Daniel R. Simon

    After many years of waning significance, the Public Utility Regulatory Policies Act of 1978 has reignited as a useful tool for renewable energy and cogeneration project developers. But before negotiating a power purchase agreement of any type, developers, lenders and investors should understand their rights under PURPA, says Daniel Simon at Stroock & Stroock & Lavan LLP.

  • Hospital Chain Pays Heavily For Being Too Clever

    One substantive lesson from Doughramji v. Community Health Systems Inc. is that when a defendant in a False Claims Act qui tam case pays money for the release of a relator's claim, the relator will likely be entitled to reasonable attorneys' fees as a prevailing party unless the settlement agreement says otherwise — and says it unambiguously, says Norman Tabler Jr. of Faegre Baker Daniels LLP.

  • Mitigating FCA Whistleblower Risk When Employees Leave

    David Pivnick

    Effective exit interviews and questionnaires can be an important component in preventing and hindering future False Claims Act litigation. It is important to make departing employees feel comfortable revealing not only specific fraudulent activity, if identified, but also general disquiet about the company’s compliance culture, say members of McGuireWoods LLP, Duff & Phelps LLC and Axiom Law.

  • Inside DOD's Interim Rule On Cloud Cybersecurity

    Lawrence Prosen

    As the sophistication of cyber incidents increases and the security of government-protected data gains ever heightened stance, it is key that we continue to develop stronger regulations and protections. The U.S. Department of Defense interim rule relating to DOD-contracted cloud computing services is a good next step — but it is only a step on an undoubtedly long road, says Lawrence Prosen of Thompson Hine LLP.

  • Don't Ignore Small And Midsize Health FCA Settlements

    Michael A. Filoromo III

    While the dollar figures involved in fraudulent schemes committed by small and midsize health providers pale in comparison to the record-setting $3 billion settlement with GlaxoSmithKline PLC, they are nonetheless substantial and can result in significant awards through the qui tam provisions of the federal False Claims Act, says Michael Filoromo III of Katz Marshall & Banks LLP.

  • Paid Sick Leave For Contractors Is Par For The Course

    Joshua F. Alloy

    President Obama's expected executive order on paid sick leave for workers employed by federal contractors and subcontractors is the latest in a series of employment-related executive orders intended to improve wages, benefits and terms and conditions of employment for employees of government contractors, says Joshua Alloy of Arnold & Porter LLP.

  • 5 Takeaways From Former SAP Exec's FCPA Case

    Stacey Sprenkel

    Vincente Garcia, former head of Latin American sales for SAP International Inc., recently pled guilty in San Francisco federal court to violations of the Foreign Corrupt Practices Act and settled civil FCPA charges brought by the U.S. Securities and Exchange Commission, underscoring the agencies' continuing focus on the technology sector and Northern California in general, say attorneys with Morrison & Foerster LLP.