Government Contracts

  • April 29, 2016

    $11M Award In Power Row Violates Public Policy, Court Told

    Nigeria told the D.C. Circuit on Friday that a district court wrongly confirmed an $11.2 million award issued to an Enron subsidiary following a dispute over a power purchase agreement, saying the award was based on a contract that was at the heart of Enron's fraud and corruption scandal.

  • April 29, 2016

    5th Circuit Affirms Slashed Atty Fees In Hospital FCA Suit

    The Fifth Circuit Court of Appeals Friday upheld a Texas federal judge's ruling awarding just over a third of the $2.08 million in attorneys' fees requested in a whistleblower's False Claims Act suit accusing a hospital of overbilling, finding that the attorneys' billable hours failed to adequately break down their work.

  • April 29, 2016

    Oregon Tells 9th Circ. Immunity Blocks Oracle's IP Suit

    Oregon on Thursday urged the Ninth Circuit to reverse a district court's ruling that the state must face Oracle's copyright suit over allegedly not-paid-for work done on Oregon's health insurance exchange, arguing the state never waived its 11th Amendment immunity.

  • April 29, 2016

    11th Circ. Rules For HHS In Drug Dosage Medicaid Billing Suit

    The Eleventh Circuit affirmed a decision Friday that a Florida eye doctor's clinic overbilled Medicare by nearly $9 million by extracting multiple doses from a single-dose vial of medication, agreeing with the U.S. Department of Health and Human Services that the charges were not medically reasonable.

  • April 29, 2016

    Fla. Heart Clinic Fights For Stay Of FCA Suit

    A cardiovascular health care provider facing a False Claims Act suit asked a federal judge to reconsider an order not to apply an automatic bankruptcy stay, saying the court violated its due process rights by not considering a response it was entitled to file.

  • April 29, 2016

    Feds Say Arapaho-Shoshone Row Is An Intertribal Dispute

    The federal government on Thursday urged a Montana district court to nix the Northern Arapaho tribe’s suit alleging that the Bureau of Indian Affairs wrongly gave the Eastern Shoshone tribe its blessing to take control of programs regulating joint tribal land, saying that the dispute is an intertribal matter.

  • April 29, 2016

    Missile Defense Agency Missed Testing Goals, GAO Says

    The Missile Defense Agency fell short of hitting its ballistic missile defense testing objectives last year and has yet to take recommended steps that could reduce the frequency of testing delays, according to a U.S. Government Accountability Office report.

  • April 29, 2016

    Former Fox News Commentator Cops To Defrauding Gov’t

    A former Fox News commentator on Friday pled guilty in Virginia federal court to defrauding the federal government by lying on overseas contractor job applications, admitting that there is no record he ever served in the CIA, according to the U.S. Department of Justice.

  • April 29, 2016

    DOJ Floats Cape Canaveral Launch Site Cleanup Settlement

    The U.S. Department of Justice and a defunct government contractor have reached a tentative $331,566 settlement in Florida federal court over decades-old contamination at the Cape Canaveral site where Titan missiles were first launched.

  • April 29, 2016

    Navy Unveils Wireless Service Contracts Worth Up To $994M

    A supply agency of the U.S. Navy is looking for contractors who can deliver a range of wireless services, from texting to voice calls to Wi-Fi, according to a request for proposals posted on the Federal Business Opportunities website Thursday, which specifies multiple contracts worth up to $993.5 million combined.

  • April 29, 2016

    Groups Urge DOD Not To Base $17B Contract On Price Alone

    Two trade groups representing federal contractors continue to press the U.S. Department of Defense not to base the award of a $17.5 billion information technology project on the lowest price to the detriment of quality, according to a letter made public Thursday.

  • April 29, 2016

    Challenge To United's Role In $296M Transcom Deal Survives

    An air cargo company awarded part of a $296 million government shipping contract has a right to object to United Airlines’ award of a task order in the deal, a Court of Federal Claims judge ruled Thursday, though he declined to preliminarily block United’s involvement.

  • April 29, 2016

    5th Circ. Vacates Fraudster's Sentence For Gov't Contracts Plot

    The Fifth Circuit on Thursday affirmed a retired U.S. Army colonel’s conviction for a scheme to procure contracts intended for disadvantaged businesses but vacated his two-year prison sentence after concluding that a lower court inflated the amount the government lost due to the fraud.

  • April 29, 2016

    Rising Star: Vinson & Elkins' Tirzah Lollar

    Tirzah Lollar’s successful defense of former Halliburton subsidiary and U.S. army contractor KBR Inc. against multiple fraud and kickback allegations from whistleblowers following the Iraq war has earned the Vinson & Elkins LLP partner a spot among Law360's top attorneys under 40.

  • April 28, 2016

    Rising Star: Perkins Coie's Seth Locke

    Whether he's advocating for top clients like the Boeing Company in cost-accounting disputes or working on high-profile bid protests, Perkins Coie LLP counsel Seth Locke puts the interests of government contractors first, landing him a spot among Law360’s 2016 Rising Stars.

  • April 28, 2016

    Split 9th Circ. OKs Steeper Sentences For Medical Suppliers

    Medical equipment suppliers who fraudulently overbill Medicare can be given longer sentences based on their positions of trust, a split Ninth Circuit ruled Thursday, saying a California couple convicted of $1.6 million worth of False Claims Act violations took advantage of a government honor system.

  • April 28, 2016

    Army Corps Sued Over Allegedly Ruining Fla. Palm Farm

    The U.S. Army Corps of Engineers caused more than $20 million in damages to a Florida palm tree farm, according to a Federal Claims suit filed Tuesday, alleging that a levee rehabilitation project ruined the groundwater flowing to the farm from a nearby lake.

  • April 28, 2016

    Defense Contractor To Pay $2M For Alleged FCA Violations

    A company that contracted with the Department of Defense to repair and maintain an Army depot in Texas agreed to a settlement Tuesday in which it will pay the federal government $2 million to resolve numerous alleged violations of the False Claims Act stemming from a whistleblower lawsuit.

  • April 28, 2016

    Armstrong Says USPS' Returns Negate False Claims Damages

    Disgraced cycling champ Lance Armstrong and other defendants in a False Claims Act suit over millions of sponsorship dollars the U.S. Postal Service paid his team told a D.C. district court the government’s pleas for damages fall flat Wednesday, the same day the Department of Justice moved to establish damages.

  • April 28, 2016

    Navy Contractor's $5M Trade Secrets Win Pared For Jury Error

    A Florida federal court Thursday denied an information technology consultant's request for a new trial after a jury found it misappropriated a security access IT system from a U.S. Navy contractor, but reduced the $5 million award by $250,000 because of juror error.

Expert Analysis

  • OPINION: Engaging The Media May Help Your Client

    Liz Mair

    While I am confident that the decisions in Windsor and Obergefell were made on the basis of the dictates of the Constitution, I am also confident that the communications efforts undertaken gave the justices additional comfort to make the right call, and ensured that these decisions were not treated as a Roe v. Wade redux, says Liz Mair, former online communications director for the Republican National Committee and president of Mair Strategies.

  • Using The New Federal Rules To Rein In Discovery

    Martin J. Healy

    The 2015 amendments to the Federal Rules of Civil Procedure present a fertile opportunity for defendants to leverage the rules' renewed focus on reasonableness and proportionality to rein in rampant discovery abuse. Courts' application of the amended rules has already shown promise in this regard, say Martin Healy and Joseph Fanning of Sedgwick LLP.

  • Dentons: A New Kind Of Network?

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    Dentons is two different law firm networks in one. So even if the Swiss verein structure should eventually fail and Dentons is forced to operate as a network of independent law firms, it could still be a significant market force, says Mark A. Cohen, a recovering civil trial lawyer and the founder of Legal Mosaic LLC.

  • IRS' Quinn Emanuel Retainer Is A Wrongheaded Experiment

    Stuart J. Bassin

    The IRS retainer of litigating powerhouse Quinn Emanuel Urquhart & Sullivan LLP to help develop a multibillion-dollar transfer pricing case against Microsoft is poor litigation strategy. Quinn Emanuel, while an excellent firm, has essentially no experience with substantive tax law or transfer pricing, says Stuart Bassin, a former U.S. Department of Justice tax litigator.

  • Gov't Hiring Private Attys Is Proper As A Matter Of Law

    Linda Singer

    Various corporate defendants have vigorously fought, lost and refought challenges to the government’s ability to hire outside counsel on a contingent-fee basis. These failed efforts show why the use of outside counsel by government agencies, rather than being wrong, is entirely right, says Linda Singer, former District of Columbia attorney general now with Cohen Milstein Sellers & Toll PLLC.

  • When Gov't Hires Private Attys: The Need For Boundaries

    Keith Fogg

    Two high-profile uses of nongovernment workers at the IRS have penetrated the wall of core government function in a way not been done in many decades. If we are going to take this path, we should have an understanding of when a task requires a government employee and when private contractors make the most sense, says Keith Fogg, a professor at Villanova Law School and a former IRS counsel.

  • Avoiding The Pitfalls Of Researching Attorneys In PACER

    Brian Howard

    While PACER is a powerful tool for gaining information, practitioners should keep in mind that certain flaws often cause lawyers to be omitted from cases they’ve worked on or to show up associated with the wrong firm. These errors build up across aggregate records, tainting any conclusions drawn from such data — often to a surprising extent, according to Brian Howard, a legal data scientist at Lex Machina.

  • A Review Of Gov't Cases Against Execs In Q1

    Kirby Behre

    In this article, attorneys with Miller & Chevalier Chtd. highlight the most significant cases and government investigations that affected corporate executives in the first three months of 2016.

  • When Must A Successor Employer Bargain With Unions?

    Excerpt from Lexis Practice Advisor
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    In the event of a corporate merger, a corporate asset transaction, or other type of business inheritance, a new or changed employing entity may have a duty to bargain with a certified or recognized union that represented the employees of a predecessor entity. David Phippen at Constangy Brooks Smith & Prophete LLP examines when and to what extent a new owner is obligated to bargain.

  • There May Be A New Standard For FCA Liability Soon

    John Bueker

    Tuesday's oral argument in Universal Health Services v. U.S. focused not on whether the U.S. Supreme Court would recognize the “implied certification” doctrine — most of the justices seemed to agree that a claim submitted for payment does certify at least some measure of compliance with statutory, regulatory or contractual obligations — but rather on what standard the court might adopt for determining when a claim can give rise to ... (continued)