Government Contracts

  • October 21, 2016

    SuperValu Can't Shed FCA Suit Over Pharmacy Prices

    An Illinois federal judge on Friday kept alive a False Claims Act suit accusing SuperValu pharmacies of charging the government more than the general public, finding that lower drug prices could be “usual and customary” regardless of how often they were actually paid.

  • October 21, 2016

    4th Circ. Revives Abu Ghraib Torture Suit Against Contractor

    The Fourth Circuit revived a suit brought by four Iraqi men claiming they were tortured by interrogators employed by CACI Premier Technology Inc. at Abu Ghraib prison, finding Friday that the defense contractor's ties to U.S. military operations do not automatically shield it from the allegations.

  • October 21, 2016

    Schumer Asks FCC To Keep Declined Broadband Funds In NY

    U.S. Sen. Chuck Schumer, D-N.Y., has urged Federal Communications Commission Chairman Tom Wheeler to approve New York’s request for $170.4 million in broadband development funding previously declined by Verizon, rather than open it to a national bidding process.

  • October 21, 2016

    US Given Chance To Refile $320M FCA Suit

    A Florida federal judge on Friday clarified that the dismissal of a whistleblower’s $320 million False Claims Act suit against a hospice care provider does not affect the government’s ability to file its own lawsuit over the alleged wrongdoing.

  • October 21, 2016

    Ex-Army Officer Can't Nix Guilty Plea At 10th Circ.

    The Tenth Circuit on Friday refused to toss the guilty plea of a former U.S. Army officer in an alleged bribery scheme to win $54 million in government contracts in Afghanistan, calling it "a clear case of buyer’s remorse.”

  • October 21, 2016

    Nigerian Man Pleads Guilty In $1.5M DOD Contracting Scheme

    A man from Lagos, Nigeria, pled guilty in Virginia federal court on Friday to charges that he impersonated U.S. Department of Defense officials in order to defraud government contractors out of $1.5 million.

  • October 21, 2016

    9th Circ. Urged To Revive FCA Suit Against USC Hospital

    A former patient of the University of Southern California's Keck Hospital urged the Ninth Circuit on Friday to revive her False Claims Act whistleblower suit alleging the university billed Medicare over $11 million in inapplicable facility fees, arguing the trial court erroneously held she didn't tell USC her theory of liability.

  • October 21, 2016

    San Diegans To High Court: $1.3B Project Needs Terror Review

    A group of San Diego residents has asked the U.S. Supreme Court to overturn the Ninth Circuit’s finding that the U.S. military properly weighed the risks of terrorist attacks in an environmental study required for the approval of a $1.3 billion waterfront development project.

  • October 21, 2016

    DOD Contractors Appoint 4,000 Insider Threat Officials

    U.S. Department of Defense contractors have so far appointed nearly 4,000 senior officials to oversee insider threat programs like preventing leaks, according to an update Thursday from the Pentagon agency responsible for the industry insider threat program.

  • October 21, 2016

    Defense Agency Rightly Excluded IT Contract Bid, GAO Says

    The Pentagon's logistics agency was justified in excluding a company's bid for an IT contract from the range of competitive offers, the U.S. Government Accountability Office said in a decision released Friday, agreeing that the proposal lacked sufficient detail.

  • October 21, 2016

    DC Circ. Urged To Revive FCA Allegations Against KBR

    A whistleblower pushed the D.C. Circuit to bring back False Claims Act allegations that KBR inflated military recreational facility usage in billing for staff levels, arguing Friday that the lower court overrated evidence that the Pentagon was indifferent to the usage when deciding to pay the contractor.

  • October 21, 2016

    Medical Co. Never Bought Duty To Defend, Insurer Says

    Twin City Fire Insurance Co. urged a California federal judge not to grant summary judgment to policyholder Braden Partners LP in a coverage suit over an underlying whistleblower False Claims Act suit, saying Braden never bought duty-to-defend coverage and can’t be reimbursed for $3 million.

  • October 21, 2016

    Planned Parenthood Wins Suit Over Miss. Abortion Law

    A Planned Parenthood affiliate won its challenge Thursday to a Mississippi law that would have ended abortion providers' Medicaid funding, after the state conceded that a recent Fifth Circuit decision controlled the case and a federal judge dismissed it and barred the statute's enforcement.

  • October 21, 2016

    Slashed FCA Award Doesn’t Justify Fees, 6th Circ. Told

    A company found to have underpaid employees on a military base services contract has no claim to $468,704 in legal fees, despite the Sixth Circuit's drastic reduction to the U.S. government's award for False Claims Act violations, the feds recently told the appeals court.

  • October 21, 2016

    NY Blood & Cancer Center To Pay $5.31M In FCA Deal

    Hudson Valley Hematology Oncology Associates RLLP will pay $5.31 million and admit to a five-year scheme in which it defrauded Medicare and Medicaid by using improper copay waivers and billing codes, New York federal prosecutors announced Friday.

  • October 21, 2016

    Ex-Navy Contractor Gets 21 Months In $1.2M Fraud Scheme

    A former military contractor was sentenced on Thursday to 21 months in prison for telling the U.S. Navy that he had paid $1.2 million to subcontractors renovating a Pennsylvania facility — shortly before they walked off the job site over the lack of payment, officials announced.

  • October 21, 2016

    Blue Cross Fights Mich. Tribe's Doc Bid In ERISA Suit

    Blue Cross Blue Shield of Michigan on Thursday fought a bid by the Little River Band of Ottawa Indians to compel the insurer to disclose information about its allegedly hidden fees in the tribe’s suit claiming Blue Cross disregarded the Employee Retirement Income Security Act while administering an employee health benefit plan.

  • October 20, 2016

    DC Circ. Ignored Racial Preferences In SBA, Contractor Says

    A D.C. Circuit panel’s decision upholding a Small Business Administration program that grants contracts to disadvantaged businesses conflicts with prior circuit precedent and ignores mandatory racial preferences in the Small Business Act, a contractor claimed Wednesday in a request for en banc review.

  • October 20, 2016

    DOD Cyber Rule May Create As Many Problems As It Solves

    While the Pentagon’s final rule requiring defense contractors to report cyberattacks on their networks has resolved some industry concerns, such as by excluding commercial off-the-shelf contracts that don’t typically involve sensitive information, it is also raising new worries about increased compliance burdens, attorneys say.

  • October 20, 2016

    Escobar Dooms Doc-Switching Suit, Mt. Sinai Hospital Says

    Mount Sinai Hospital on Wednesday attacked a False Claims act suit targeting its switching of physician names on Medicare and Medicaid billing forms, telling a New York federal judge that misidentification wasn’t material under the U.S. Supreme Court’s Escobar decision.

Expert Analysis

  • When Your Client Is The President


    I went to the law books, where I discovered the crime of “obstruction of justice,” and realized I was right in the middle of a criminal conspiracy. I didn't fully understand my conduct during Watergate until — decades later — I learned about the psychology of cover-up at work, says John Dean, who served as White House counsel for President Richard Nixon.

  • Trial Pros’ Secret To Courtroom Success

     Jamin S. Soderstrom

    Somewhat surprisingly, very few of the dozens of "trial pros" who have been interviewed by Law360 have revealed the secret to effective trial preparation that is vital to their success. But ultimately, the “secret” to effective trial preparation is not actually a secret, says Jamin Soderstrom of Soderstrom Law PC.

  • DTSA's Reach Extended To Continuing Misappropriation

    Casey Griffith

    Recent federal court decisions in Adams Arms and TriZetto support the interpretation that any post-Defend Trade Secrets Act misappropriation — including continued misappropriation commenced prior to DTSA enactment — is subject to the DTSA. Consequently, trade secret claimants may have even easier access to federal court than previously thought, say Casey Griffith and Michael Barbee of Griffith Bates Champion Harper LLP.

  • Preparing For Changes To Federal Appellate Rules

    Matthew J. Dowd

    On Dec. 1, 2016, several important amendments to the Federal Rules of Appellate Procedure take effect. The most impactful amendment is the shortening of the permissible length of appellate briefs, which will affect many appeals and will have a particularly significant impact on complex appeals such as patent cases, says Matthew Dowd of Dowd PLLC.

  • Taking Advantage Of DOE Efficiency And Solar Tech Funding

    Stephen Bolotin

    The U.S. Department of Energy has recently made a number of upcoming funding opportunity announcements for technologies related to building efficiency and solar energy. Stephen Bolotin of Holland & Knight LLP reviews these upcoming FOAs, and offers applicant guidance based on past experience with these programs.

  • Biggest Test Yet For Statistical Sampling In FCA Cases

    David L. Scher

    Michaels v. Agape Senior Community is a complicated case that promises the highest-level debate yet about the validity of statistical approaches to False Claims Act claims. The Fourth Circuit’s decision will serve as an early indicator of the vitality of Tyson Foods, which could extend well beyond the Fair Labor Standards Act, say David Scher and Scott Oswald of The Employment Law Group PC.

  • OPINION: 3rd-Party Litigation Funding Needs Transparency

    Lisa A. Rickard

    The practice of third-party litigation funding, in which funders front money to plaintiffs law firms in exchange for a cut of any settlement or money judgment, is growing increasingly popular. Currently, litigators are not required to disclose the involvement of third-party funders, but transparency will improve justice in courts, say Lisa Rickard, president of the U.S. Chamber Institute for Legal Reform, and Mark Behrens, a partne... (continued)

  • 3rd Circ. Pipes Decision May Change FCA Litigation

    Douglas W. Baruch

    Troubling as the Third Circuit’s recent decision in Victaulic may be for businesses attempting to comply with complicated customs regulations, another aspect of the decision may be even more consequential, with an impact felt by defendants across the entire spectrum of False Claims Act cases, say attorneys with Fried Frank Harris Shriver & Jacobson LLP.

  • Investigating Noncompliance Under New Stark Law Regs

    Joseph C. Hudzik

    The risks inherent in noncompliance with the Stark Law grew more acute this year when the Centers for Medicare and Medicaid Services published its 60-day overpayment rule. Although the statutory provision has been around since 2010, it is vital that providers, suppliers and their counsel, have a clear understanding of the relevant obligations to mitigate risks when a Stark Law violation is discovered, says Joseph Hudzik of Latham & Watkins LLP.

  • 5 Tips For Forming A Tribal Electric Utility

    Tara Kaushik

    Forming a tribal public utility allows a community to independently manage its own energy resources, procure a cleaner energy supply, operate more efficiently than its current electric service provider, generate steady revenues over the long term, and serve the needs of its community. Tara S. Kaushik of Holland & Knight LLP reviews five points tribes should consider when undertaking this process.