An Armed Services Board of Contract Appeals judge said Thursday that war zone contractors can end up trapped between military demands and the Defense Department's slow-moving contracting bureaucracy, and that better coordination between civilian and military leaders could avoid the kinds of cost disputes that plague contingency contracts.
Kelley Drye & Warren LLP has fortified its government contracts practice with the addition to its Washington, D.C., office of two U.S. Army veterans from Barnes & Thornburg LLP who focus on defense, aerospace and national security matters, the firm said on Wednesday.
The Boeing Co. has scored a $293 million contract to supply the Defense Logistics Agency with support and aircraft parts for 11 different aircraft over the next 10 years, the company said Wednesday.
Oracle America Inc., which recently hit the state of Oregon with a breach of contract suit for allegedly continuing to use software developed by Oracle for the state’s Affordable Care Act exchange despite never having paid approximately $23 million in fees, has added a copyright claim to the suit.
Federal prosecutors increasingly are mining False Claims Act lawsuits for evidence of criminal conduct by employees of health care companies and defense contractors, a high-ranking official at the U.S. Department of Justice said Wednesday at a gathering of whistleblower attorneys.
An Alabama federal judge on Wednesday unsealed a False Claims Act lawsuit brought by two MD Helicopters Inc. employees accusing the company and its CEO of overbilling the U.S. Army for helicopters that were purchased for foreign governments.
A former BP PLC contractor asked a Texas federal judge on Wednesday to revisit her decision tossing his $266 billion False Claims Act suit over the energy giant’s Atlantis facility in the Gulf of Mexico, saying a previously undisclosed government report proves the oil platform is unsafe.
The U.S. House of Representatives on Wednesday passed a continuing resolution funding the government through early December — reauthorizing the U.S. Export-Import Bank and avoiding a shutdown — after agreeing to an amendment to provide funding for Syrian rebels to combat the Islamic State group following extended debate.
Marguerite C. Garrison, the DOD's deputy inspector general for administrative investigations, answers Law360's questions about the handling of new rules that expand whistleblower protections for defense contractor and subcontractor employees.
The U.S. Government Accountability Office on Wednesday sustained a protest by Paradigm Technologies Inc. over a Missile Defense Agency strategic planning and financial services task order awarded to Booz Allen Hamilton Inc., saying Booz Allen's proposal had failed to meet the agency's technical requirements.
A Virginia federal judge on Tuesday trimmed a proposed class action accusing U.S. Army contractor Global Linguist Solutions LLC of forcing translators to endure squalid living conditions and substandard medical care after their passports were confiscated while working in Kuwait.
Smallpox drug manufacturer Siga Technologies Inc. won’t be able to appeal a potential $232 million judgment stemming from a failed merger and subsequent licensing litigation without Chapter 11 protection, the defense contractor’s attorneys said Wednesday in New York bankruptcy court.
In a significant win for the Obama administration, a D.C. federal judge on Wednesday wiped out an American Hospital Association lawsuit related to hundreds of millions of dollars in rejected claims for inpatient reimbursement, finding that judicial review is not permitted.
Five defense contractors agreed to pay $5.5 million to settle whistleblower allegations that they sold the U.S. Department of Defense inferior batteries for use in combat vehicles deployed to Iraq, the government announced Tuesday.
Chinese-sponsored hackers successfully infiltrated networks and databases of government contractors responsible for U.S. military personnel and weapons transportation at least 20 times in the last year, with many of those attacks going unnoticed, the Senate Armed Services Committee revealed Wednesday.
Kellogg Brown & Root Services Inc. sued the U.S. government in Delaware federal court on Tuesday, seeking to recover $12.5 million in legal fees from litigation that arose out of an allegedly defective Defense Contract Audit Agency report on its use of private security contractors during the Iraq War.
Chrysler Group LLC on Tuesday urged an Illinois federal judge to toss a qui tam False Claims Act suit filed by a mechanic accusing it of lying about the powertrain warranties of vehicles sold to the government, saying the post-bankruptcy Chrysler didn’t manufacture the vehicles and that the U.S. has declined to intervene.
A partnership between Lockheed Martin Corp. and The Boeing Co. on Tuesday nabbed a $938 million U.S. Air Force contract modification to provide space-launch services for the Evolved Expendable Launch Vehicle program, the U.S. Department of Defense said.
NASA has decided to award $4.2 billion to The Boeing Co. and $2.6 billion to SpaceX to build its next generation spacecraft for human astronauts, declaring this a new era in space transport, driven by private companies.
A New York federal judge on Tuesday denied most attempts by Lockheed Martin and the Metropolitan Transportation Authority to dismiss each other’s claims in their long-running breach of contract suit over who is at fault for Lockheed’s never-finished, $300 million transportation security project, saying material facts remain in dispute.
Cox v. Smith & Nephew Inc. highlights the vulnerability of medical device manufacturers that source products from nondesignated countries under the Trade Agreements Act to potential False Claims Act liability and the need for diligence in ascertaining the country of origin for goods under government contract, say Donna Yesner and Stephen Ruscus of Morgan Lewis & Bockius LLP.
Two recent executive orders impose significant compliance burdens on contractors. The duty to self-report labor violations is likely to present attractive grounds for bid protests. It also could spur additional litigation from workers who become aware of violations for the first time as a result of these disclosures, say attorneys with Covington & Burling LLP.
Two recent decisions — U.S. v. Momence Meadows Nursing Center Inc. and U.S. v. Planned Parenthood — highlight the difference among circuits in the way they treat False Claims Act actions. While some courts are raising the bar on qui tam pleadings, other courts are making it easier to bring suit under the FCA, says Jonathan Feld of Dykema Gossett PLLC.
The Indiana Supreme Court recently announced that it will decide Indiana v. IBM Corp. The ruling by the Court of Appeals is an acute illustration of how a judicial process can produce a distorted and unjust result through simplistic reduction of a complex project and use of an ill-suited legal standard of performance, say Robert Metzger and Mark Linderman of Rogers Joseph O’Donnell PC.
A recent Law360 article about the perennial BigLaw concern over how to recruit and retain female and ethnically diverse attorneys addressed a new approach being taken by some law firms — going beyond traditional mentoring programs by creating a sponsorship relationship. Pro bono can also play a part, say David Lash and Merle Vaughn of the Association of Pro Bono Counsel.
For a law firm, excess time dedicated to legal research generates waste, either in the form of artificially reduced billable hours or, particularly in flat or contingency fee projects, as overhead eroding the profitability of legal work. By measuring five factors, firms will begin to understand their own opportunities for improving profits, says David Houlihan of Blue Hill Research Inc.
While Absher v. Momence Meadows Nursing Center Inc. leaves open the potential that a worthless services theory could give rise to False Claims Act liability, the Seventh Circuit’s interpretation severely limits such liability to those cases in which a defendant effectively provided no service of value at all, says Ty Howard of Bradley Arant Boult Cummings LLP.
Each lawyer's practice is a self-run business, even within the platform of a firm, and yet the level of entrepreneurialism within the practice of law is oftentimes marginalized, says legal industry business development specialist Jenn Topper.
It remains to be seen whether the Senate bill intended to identify security-cleared personnel who are at risk of becoming unstable will pass and, if so, whether it will be effective. We have our doubts on both points, say Daniel Chudd and Esteban Morin of Jenner & Block LLP.
New U.S. Department of Defense guidelines contain various techniques and examples for developing acquisition strategies that combat constraint on competition, with an emphasis on creating and maintaining a competitive environment throughout the life cycle of a product or service, say Vincent Napoleon and Katherine Bastian of Nixon Peabody LLP.