Government Contracts

  • June 28, 2016

    Senate Dems Vote To Block Zika, Military Construction Bill

    Senate Democrats voted down efforts to pass a bill funding military construction, the Department of Veteran Affairs and $1.1 billion in Zika-fighting efforts Tuesday over "poison pill" measures they said would gut environmental rules, hurt access to birth control and cut VA funding.

  • June 27, 2016

    The Firms That Won Big At the Supreme Court

    While the usual appellate powerhouse firms scored big at the U.S. Supreme Court in the 2015 term, a dark horse managed to emerge with a spotless 5-0 record, and a veteran boutique was able to shape landmark rulings on both the Affordable Care Act and the Obama administration’s executive orders on immigration. Here, Law360 takes a look at how the country’s top firms performed at the high court this session.

  • June 27, 2016

    The Top Supreme Court Dissents Of The Term

    While Justice Antonin Scalia's death resulted in a Supreme Court term notably lacking his famously pithy, well-reasoned dissents, the justices still managed to make their ire known. Here, we look at the most noteworthy dissents of the term and how Scalia's absence made a mark.

  • June 27, 2016

    The Supreme Court Term By The Numbers

    A vacant seat on the court. Controversial decisions on abortion and affirmative action. A judicial deadlock on immigration. For the U.S. Supreme Court, it was both business as usual and a session unlike any other. Here, Law360 takes a deep dive into the numbers behind the high court's latest term, examining the vote counts, overturn rates and dissents from this divided court.

  • June 27, 2016

    The Funniest Moments Of The Supreme Court's Term

    Late Justice Antonin Scalia joked about taking bribes, Justice Stephen Breyer imagined a hot dog detector and Chief Justice John Roberts needed help deciphering a young lawyer's lingo. Amid the customary seriousness of this term's U.S. Supreme Court arguments, there were some memorable moments of courtroom comedy. Here, Law360 looks back at humorous highlights from the past year.

  • June 27, 2016

    A Divided Court Finds New Ways To Be Unanimous

    The U.S. Supreme Court's struggle to avoid 4-4 splits this term led to a new kind of unanimity, experts say, with the four justices in the ideological middle forging consensus on narrow points of law.

  • June 27, 2016

    8 Wasn't Enough For Lawyers Seeking High Court Clarity

    The eight-justice U.S. Supreme Court failed to reach majority decisions in some of the most closely watched cases of the term, leaving controversial legal questions unanswered and underscoring the stakes of the political fight over the late Justice Antonin Scalia's replacement.

  • June 27, 2016

    VA Failed To Meet Call Response Time Goals, GAO Report Says

    The U.S. Department of Veterans Affairs has failed to meet its call response time goals for a line to support veterans in emotional crisis, according to a report publically released by the U.S. Government Accountability Office on Monday, which said that the agency needs measurable targets.

  • June 27, 2016

    Feds Urge DC Circ. To Preserve Blackwater Convictions

    The federal government urged the D.C. Circuit to uphold decades’ worth of prison sentences for former Blackwater guards connected to a 2007 shooting in Iraq in a Friday brief, saying the law imposing extrajudicial authority over those working for the military extended to the State Department’s work supporting the reconstruction efforts there.

  • June 27, 2016

    Dallas Church, Bishop Want Out Of Deion Sanders FCA Suit

    A Dallas church and its presiding bishop want out of the False Claims Act suit against Hall of Fame cornerback Deion Sanders, telling a Texas federal judge on Monday that the relator has not stated a claim against the church or its overseer.

  • June 27, 2016

    High Court Won't Hear Relator FCA Against Chopper Parts Co.

    The U.S. Supreme Court refused Monday to take on an appeal from two whistleblowers challenging a Seventh Circuit ruling that affirmed a lower court's decision tossing their False Claims Act suit accusing Woodward Inc. of selling unsafe helicopter parts to the U.S. Department of Defense.

  • June 27, 2016

    Multiple-Award Gov't Contracts Raise Stakes For Contractors

    A growing shift in federal procurement has seen agencies increasingly move away from discrete individual contracts toward long-term, multiple-award deals, attorneys said, a trend contractors need to be aware of to ensure they aren't left out in the cold.

  • June 27, 2016

    Supreme Court Won't Hear Appeal On FCA 1st-To-File Bar

    PharMerica Corp. on Monday lost its bid to force the dismissal of False Claims Act suits filed when related suits are pending, when the U.S. Supreme Court let stand the First Circuit’s decision that a whistleblower may be able to supplement his later-filed suit rather than refiling it entirely.

  • June 27, 2016

    High Court Won't Review DOL Home Care Wage Rule

    The U.S. Supreme Court on Monday declined to review a case in which the Home Care Association of America had asked the high court to overturn a D.C. Circuit decision extending federal wage-and-hour protections to most home care workers.

  • June 27, 2016

    High Court Remands Triple Canopy FCA Suit After Escobar

    The U.S. Supreme Court vacated a Fourth Circuit decision holding Triple Canopy Inc. liable for unqualified guards hired at a U.S. base in Iraq, ordering the court Monday to consider the case anew in light of this month's new standard for evaluating False Claims Act liability from regulatory violations.

  • June 27, 2016

    Supreme Court Won't Hear AT&T FCA Overbilling Appeal

    The U.S. Supreme Court on Monday elected not to review a D.C. Circuit decision that revived a False Claims Act Suit accusing AT&T of overbilling schools and libraries for internet services, shutting the door on the company’s bid for the court to clarify FCA pleading standards.

  • June 24, 2016

    Atty's Gov't Post Clashed With Biz Group Role, NJ Panel Says

    A New Jersey appeals court on Friday upheld ethics violations leveled against the state's former ratepayer advocate, finding an inherent conflict of interest in the attorney simultaneously holding that job and serving as president of the Asian Indian Chamber of Commerce.

  • June 24, 2016

    GM, Navy Partner On Fuel Cells For Undersea Drones

    The U.S. Navy and General Motors Co. revealed Thursday they are collaborating to develop fuel-cell technology to power undersea unmanned systems, or drones, and have recently tested a prototype using the technology.

  • June 24, 2016

    Energy Co. Denied Full DC Circ. Review Of Well-Plug Order

    The D.C. Circuit on Friday rejected Noble Energy Inc.’s petition for en banc review of a panel decision upholding a U.S. Department of the Interior order to plug and abandon an oil well off the California coast.

  • June 24, 2016

    GAO Sides With Navy On $69M In Helicopter Contracts

    The Government Accountability Office rejected two separate bid protests on a pair of U.S. Navy contracts totaling more than $69 million in decisions published Thursday, concluding the bidders weren't treated unfairly and the service branch wasn't wrong in what it considered acceptable under the solicitation.

Expert Analysis

  • VATEP: A Look At The DOD's New Type Of Procurement

    Sharon Larkin

    The key feature of the U.S. Department of Defense's new "Value Adjusted Total Evaluated Price" process is that offerors know the exact value the government will place on higher rated performance because the value of the trade-off is identified in advance and contained in the solicitation. VATEP falls somewhere between "lowest price technically acceptable" and traditional "best value" procurements in the source selection continuum, ... (continued)

  • The Cloud And Ethical Considerations For Lawyers

    Bradley S. Shear

    Despite regular news stories detailing the need to update our digital privacy laws and increase our cybersecurity protections, law firms and in-house legal departments should feel confident that utilizing cloud providers with strong privacy and security protections will not breach their ethical obligation to clients, says Bradley Shear of the Law Office of Bradley S. Shear LLC.

  • In Congress: Only The Senate

    Richard Hertling

    Although the Senate has shown during the past year and a half of Republican control that it can indeed be an effective, functioning body, after several years of total dysfunction, the fight over Zika funding reveals that dysfunction is never far from the surface, say Richard Hertling and Kaitlyn McClure of Covington & Burling LLP.

  • How Lawyers Can Harness The Power Of Social Media

    Monica Zent

    It’s important to first decide what your personal brand is. Are you a crusader? A wry observer? A compassionate witness? Your social media presence doesn’t have to reflect the deepest aspects of your identity — it’s merely an image that you project, says Monica Zent, founder and CEO of Foxwordy Inc.

  • SBA Rule Changes Benefit Contractors, But Pitfalls Remain

    Damien C. Specht

    The Small Business Administration's final rule creates new contracting opportunities for small business through greatly expanded subcontracting and joint-venturing opportunities, and provides much-needed clarity in several areas. But there are also harsh penalties for limitations on subcontracting violations, say Damien Specht and Rachael Plymale of Morrison & Foerster LLP.

  • From The Partner's Desk: Tips For Recent Law Grads

    Gary M. Gansle

    One of the most prevalent complaints by associates and recent law school graduates is the lack of meaningful mentoring by more seasoned attorneys. Gary Gansle, leader of Squire Patton Boggs LLP's Northern California employment law practice, offers several tips as a light that can help junior attorneys start down the right path in their career development.

  • Escobar Was A Clear Defeat For FCA Defendants

    R. Scott Oswald

    Last week’s decision by the U.S. Supreme Court in Escobar was — the spin of defense attorneys notwithstanding — an unvarnished victory for government prosecutors, taxpayers and the qui tam relators who file lawsuits on their behalf under the venerable False Claims Act. The 8-0 opinion clarified three key points of law, all in favor of those who battle dishonest contractors, says R. Scott Oswald of The Employment Law Group PC.

  • 'Taking My Talents To South Beach': Law Firm Version

    MarkACohen.jpg

    LeBron James has established his worth by tangible metrics. He cashed in on a free agent bonanza fueled by the NBA’s economic model that supports his regal compensation. But such is not the case when it comes to first-year associate salaries of $180,000 at certain law firms and $2,000 an hour billing rates for certain partners, says Mark A. Cohen, founder of Legal Mosaic LLC.

  • More Challenges For Class Plaintiffs After Campbell-Ewald

    David J. Lender

    Six months after the U.S. Supreme Court's decision in Campbell-Ewald v. Gomez, lower courts have been divided on the key legal questions raised in the case. While some courts have refused to dismiss putative class actions, several district courts have reached a different conclusion and chose to deem cases moot, say attorneys at Weil Gotshal & Manges LLP.

  • What To Know About DOL's Contractor Discrimination Regs

    Kenneth A. Rosenberg

    New regulations from the U.S. Department of Labor will shape the way the Office of Federal Contract Compliance Programs interprets and enforces Executive Order 11246, which prohibits federal contractors and subcontractors from engaging in discrimination on the basis of sex, among other protected categories. Attorneys at Fox Rothschild LLP detail federal contractor best practices for meeting the new nondiscrimination obligations.