Government Contracts

  • October 24, 2014

    Trinity Stops Shipping Deadly Guardrails After $175M Verdict

    Trinity Highway Products LLC said Friday that it will stop shipping its ET-Plus guardrail system, just days after a Texas federal jury found that the company had defrauded the U.S. government out of $175 million by selling dangerous guardrails to the U.S. Federal Highway Administration.

  • October 24, 2014

    Liberty Medical Strikes Deal Trimming $160M Medicare Claim

    Bankrupt diabetes testing supply company Liberty Medical Supply Inc. on Friday agreed to settle a $160 million claim lodged by the Centers for Medicare and Medicaid Services for alleged overpayments, reaching a deal that will pay the agency nearly $32 million.

  • October 24, 2014

    IT Companies Keeping A Close Eye On Defense Bill Changes

    The Information Technology Industry Council, a trade group of tech companies, on Friday pressed Congress to review tech-focused changes in the pending 2015 National Defense Authorization Act, urging lawmakers to remove new reviews into foreign influence over IT companies competing for federal contracts.

  • October 24, 2014

    Cobham Wins $615M Deal For Aussie Search Aircraft

    British aerospace and defense firm Cobham PLC has been awarded a contract potentially worth more than AU$700 million ($615 million) to provide and operate search and rescue aircraft for the Australian government, it announced Friday.

  • October 24, 2014

    Exploration Co. Asks High Court To Take Oil Lease Dispute

    Oil and gas exploration company Century Exploration New Orleans LLC is seeking U.S. Supreme Court review of a decision allowing the government to add additional oil spill response requirements to its drilling lease, saying the decision would give the government free rein to impose new conditions on existing leases.

  • October 24, 2014

    GAO Denies Protest Over $559M Lockheed CMS Contract

    The U.S. Government Accountability Office on Friday denied a bid protest by Companion Data Services LLC that challenged a $559 million Lockheed Martin Services Inc. contract to deliver information technology services to the Center for Medicare & Medicaid Services, finding CMS reasonably evaluated its proposal.

  • October 24, 2014

    DOL Recovers $2M In Back Wages For Solar Project Workers

    The U.S. Department of Labor has recovered nearly $2 million in back wages for construction workers on a federally funded solar energy project in Tonopah, Nevada, the agency said Thursday.

  • October 24, 2014

    FCA Whistleblower Wants Humana Suit Restrictions Lifted

    A whistleblower accusing Humana Inc. of Medicare Advantage fraud urged a Florida federal judge to reconsider his order dismissing her False Claims Act suit, claiming her latest amended complaint contains enough detail to allege a widespread case of fraud.

  • October 24, 2014

    Funders Must Pay Indemnity Costs In $1.6B Excalibur Fight

    A London Commercial Court judge on Thursday ruled that third-party litigation funders are liable for $7.7 million in indemnity costs that defendants Gulf Keystone and Texas Keystone incurred in a doomed $1.6 billion lawsuit over production rights for an Iraqi oil field.

  • October 24, 2014

    Northrop Nabs $207M US Navy Radar Contract Mod

    A Northrop Grumman Corp. unit has won a $207 million contract modification to provide four next-generation radar systems to the U.S. Navy, the U.S. Department of Defense said Thursday.

  • October 23, 2014

    $62M FCA Suit Against Northrop Grumman Mostly Survives

    An Illinois federal judge on Thursday refused to toss most of an ex-employee's $62 million False Claims Act suit accusing Northrop Grumman Corp. of defrauding the U.S. over a program designed to create technology protecting commercial aircraft from shoulder-fired missiles, finding plausible allegations that Northrop had lied.

  • October 23, 2014

    Canada Slams 'Protectionist' Buy America Procurement Bills

    Canada's top trade official on Thursday issued a stern rebuke to U.S. lawmakers for their continuing efforts to ramp up "buy America" requirements for U.S. federal, state and municipal-level governments, blasting the proposals as a damaging restriction on public procurement markets.

  • October 23, 2014

    College Student Gets 2 Years For Hacking Navy, Others

    An Illinois college student was sentenced Wednesday to 24 months in federal prison for hacking into more than 50 public and private organizations, including the U.S. Navy, Kawasaki Motors Corp. and Harvard University, according to a U.S. attorney’s office.

  • October 23, 2014

    NYC Taxi Drivers Gain Chance To Appeal ‘Taxi Of Tomorrow’

    The New York Supreme Court Appellate Division said Thursday that the Greater New York Taxi Association can challenge New York City's plan for an all-Nissan taxi fleet under a $1 billion contract with Nissan Motor Co. to the state’s highest court.

  • October 23, 2014

    NY Top Court Urges SimplexGrinnell Wage Recovery

    The New York Court of Appeals on Thursday advised the Second Circuit they should not give the Department of Labor deference in deciding whether SimplexGrinnell LP government contractors may pursue claims of past underpayment, and should read the relevant statute as requiring prevailing wages for all the contractors’ work.

  • October 23, 2014

    Orbital Sciences Sues Partner For Fraud In NASA Subcontract

    Orbital Sciences Corp. has sued a subcontractor on its NASA launch contract for fraudulently using another company's proprietary information to win subcontract work and for holding key pieces of equipment “hostage” to prevent Orbital from cutting it off from future work.

  • October 23, 2014

    SG Backs KBR, Halliburton Tipster On Wartime FCA Limits

    The federal government on Tuesday threw its support behind a whistleblower accusing KBR Inc. and Halliburton Co. of defrauding the government, telling the U.S. Supreme Court that the statute of limitations is extended for civil False Claims Act cases over wartime contracts.

  • October 23, 2014

    Ohio Court Halts Subpoena In Reservoir Construction Spat

    An Ohio appeals court on Thursday reversed a lower court decision forcing a contractor and affiliated parties to divulge subpoenaed documents produced in mediation, on the grounds that state law presumes the documents privileged, instead remanding for an in-camera inspection to determine admissibility.

  • October 23, 2014

    Florida Hospitals Face FCA Suit Over Kickback Scheme

    A whistleblower complaint unsealed in Florida federal court on Wednesday alleges that the H. Lee Moffitt Cancer Center and Research Hospital Inc. and the Zephyrhills Health & Rehab Center nursing home filed false claims to defraud federal health care programs.

  • October 23, 2014

    Raytheon Reveals Planned $400M Defense Firm Acquisition

    Defense giant Raytheon Co. intends to acquire an unspecified private defense company in a deal worth around $400 million, it said Thursday as it unveiled its third-quarter financial results, while announcing improved contract bookings that it said made it optimistic regarding the next several years.

Expert Analysis

  • An Associate's Perspective On Business Development

    Jason Idilbi

    Let’s face it: Taking friends or acquaintances to Justin Timberlake concerts or golf at the Ocean Course is not how we as law firm associates are going to develop business. Our primary value comes not from out-of-office networking jaunts but from bearing a laboring oar for our partners. Which is why our best approach to business development is more likely from the inside out, says Jason Idilbi of Moore & Van Allen PLLC.

  • New Jurisdictional Issues When Moving To Quash A Subpoena

    Steven Luxton

    The Nevada federal court's recent ruling in Agincourt Gaming LLC v. Zynga Inc. is an important reminder that a nonparty wanting to challenge a civil subpoena should consider carefully the appropriate jurisdiction in which to file a motion to quash under recently enacted Rule 45, say Steven Luxton and Brad Nes of Morgan Lewis & Bockius LLP.

  • Export Controls And The Art Of Voluntary Disclosures

    Brett Johnson

    A person who dabbles in art is not likely to paint museum-worthy masterpieces. The same principle applies to drafting, submitting and addressing the long-term impact of voluntary disclosures. Companies should prepare well in advance for a possible export control violation, says Brett Johnson of Snell & Wilmer LLP.

  • A Large Loophole In The Ostensible Subcontractor Rule

    Bryan King

    As shown by recent Small Business Administration decisions, the current SBA regulations generally prevent the filing of an ostensible subcontractor size protest at the task order level, creating a situation where a large business could possibly take advantage, says Bryan King of Bass Berry & Sims PLC.

  • What Litigators Can Learn From Novelists

    Michael H. Rubin

    Many legal briefs are written in impenetrable jargon and begin with an introduction telling the court what it already knows, using words that stem from the 18th century, such as “hereinafter.” Instead, we should approach briefs the way novelists approach their writing, says Michael Rubin of McGlinchey Stafford PLLC.

  • A Look At DOD's Proposed Changes To FOIA Program

    Donald Carney

    The U.S. Department of Defense's proposed rule updating its policies and procedures implementing the Freedom of Information Act is a positive development in terms of clarifying how the DOD will apply the exemption for records that contain the trade secrets and confidential commercial or financial information of a private party, say Donald Carney and Richard Oehler of Perkins Coie LLP.

  • A Possible Disagreement Between GAO And Fed. Claims Court

    Tammy Hopkins

    The U.S. Government Accountability Office and the U.S. Court of Federal Claims agree that exchanges that permit an offeror to modify its proposal amount to discussions. But the two forums do not appear to be aligned on how to decide whether exchanges in “the context of informational infirmities in proposals” amount to discussions or clarifications, say Ken Weckstein and Tammy Hopkins of Brown Rudnick LLP.

  • Information Governance: A Missed Opportunity For Lawyers

    Ann Snyder

    Today, information intersects every practice area, making all lawyers effectively information governance practitioners in one way or another. The issue is whether you will consciously embrace this emerging discipline — and capitalize on it to the benefit of your clients and your practice, says Ann Snyder of the Information Governance Initiative.

  • 4th Circ. Sets High Court FCA Agenda For 2014-15 Term

    Ryan Hassanein

    In the last year, the U.S. Supreme Court has received no fewer than five petitions seeking review of Fourth Circuit decisions in False Claims Act cases. A review of the Fourth Circuit’s recent FCA decisions thus provides a peek inside six important FCA issues that the Supreme Court has recently thought about, say attorneys with Morrison & Foerster LLP.

  • KBR Is Turning The Tables On The DCAA

    Dave Nadler

    KBR Inc.'s suit against the government in Delaware federal court under the Federal Torts Claims Act will place judicial scrutiny on the propriety and extent of the Defense Contract Audit Agency’s role, authority and practices, which hopefully will result in more accurate audits as well as a more constructive working relationship between contractors and the DCAA, say attorneys with Dickstein Shapiro LLP.