The First Circuit on Friday tossed a whistleblower’s closely watched False Claims Act suit accusing Takeda Pharmaceutical Co. Ltd. of defrauding Medicare by concealing drug risks, finding insufficient specifics but declining to endorse a district court’s ruling that such misconduct could never support FCA liability.
Nycal Offshore Development Corp. urged a Federal Circuit panel on Friday to allow it to recoup $72 million in lost profits from a government contract to develop oil and gas projects off the California coast, alleging the government had never proved the company couldn't profit from the broken leases.
One of the authors of a recent U.S. Chamber of Commerce report calling for an overhaul of the False Claims Act on Friday defended the report’s reform proposals, despite claims from a whistleblowers’ advocate that the act was an effective anti-fraud tool that did not need revision.
A Virginia federal judge on Friday sentenced a former U.S. Department of State contract specialist to two years in prison and her husband to 18 months on fraud and money laundering charges for allegedly funneling nearly $53 million in government contracts to a company they controlled.
In the fast-changing universe of government contracts litigation, Dickstein Shapiro LLC partner Richard Conway has leveraged more than 40 years of experience to score major victories in 2013 that could have resounding impact for years to come, earning him a spot among Law360's Government Contracts MVPs.
A former Rhode Island attorney and executive at defunct defense contractor Advanced Solutions for Tomorrow Inc. on Friday was sentenced to five years of probation for her role in a 15-year, $10 million U.S. Navy kickback and bribery scheme.
The U.S. government Thursday asked the U.S. Court of Federal Claims to dismiss Cardiosom LLC's suit over the termination of a medical equipment and supplies contract on remand from the Federal Circuit, saying the Federal Circuit's decision was ambiguous.
Virginia’s plan to develop an offshore wind energy research facility cleared a key regulatory hurdle Friday as the U.S. Bureau of Ocean Energy Management determined no other parties are interested in using the selected area for wind projects.
Security contractor Protection Strategies Inc. asked a Virginia federal court Thursday to reject Starr Indemnity & Liability Co.’s attempt to dodge covering PSI’s defense costs stemming from allegations it defrauded NASA and other agencies in a $31 million kickback scheme for which several PSI executives face criminal charges.
New York City agreed Friday to phase in accessible yellow cabs so that half will be accessible by people in wheelchairs by 2020, in a settlement that could end a disabilities rights class action filed partially in response to the city's beleaguered $1 billion "Taxi of Tomorrow" plan.
Federal contracted spending on cybersecurity is expected to rise to more than $11 billion by 2018, up from the $9 billion spent this year, according to a report released Wednesday by information solutions firm Deltek.
Defense Secretary Chuck Hagel on Wednesday laid out his plans to save $1 billion by cutting top-level staff at the Pentagon by 20 percent, including eliminating six deputy undersecretary of defense positions, cutting contractor staff, and reorganizing some of the Pentagon's policy and management teams.
Austin Commercial came out on top Thursday in a competition to oversee the design and building of a new consolidated car rental facility and automated people mover at Tampa International Airport, the first phase of $943 million in planned improvements.
Ten contractors, including Raytheon Co. and CGI Federal Inc., filed protests Wednesday against the Department of Homeland Security's EAGLE II contract, a $22 billion information technology contract that was awarded to 15 companies in late September.
A Texas food distributor has failed in its bid to protest the U.S. Department of Defense's price evaluation scheme for food and beverage service contracts, according to a U.S. Government Accountability Office decision made public Thursday.
The U.S. Government Accountability Office has sustained a protest by SRA International Inc. alleging NASA failed to demonstrate a reasonable basis for several of its negative ratings of an SRA contract proposal, the GAO announced Thursday.
The White House on Wednesday raised the cap on what the government will pay toward contractor salaries to nearly $1 million, based on a statutory formula that tracks the top salaries of private sector executives, a move that drew criticism from both contractors and federal employees.
New York federal prosecutors on Thursday charged dozens of current and former Russian diplomats and their spouses with lying about their incomes to score Medicaid benefits in the U.S., pulling back the curtain on an alleged $1.5 million health care fraud scheme.
The family of a woman who was killed at the Washington Naval Yard in September hit the Navy and the U.S. Department of Veterans Affairs with a lawsuit in Florida federal court Wednesday, saying the victim's wrongful death was proximately caused by their negligence.
The U.S. Department of Energy's information technology chief suggested Wednesday that an overhaul of the government contracting process may be necessary, saying the system is unable to keep up with technological change and may disadvantage startups and other small tech businesses.
The statutory and regulatory framework, marketplace, infrastructure and use of health information technology has grown and changed exponentially during the 2013 calendar year — but not without practical and legal challenges ranging from Affordable Care Act implementation to fraud and data protection concerns, say Sidney Welch and Cindy Acosta at Kilpatrick Townsend & Stockton LLP.
Arising in the context of a government lease, the Civilian Board of Contract Appeals' recent decision in Kap-Sum Properties LLC v. U.S. General Services Administration highlights the profound effect that unique federal changes clauses and disputes clauses have on a contractor’s options in the face of government delays and alterations to the contract, say attorneys with Arnold & Porter LLP.
Given the dim prospects for enactment of comprehensive cybersecurity legislation in the current political environment, the U.S. Department of Defense's new requirements for contractors are an important part of the Obama administration’s efforts to use the government’s procurement power and existing regulatory authorities to increase the cybersecurity of the companies on which the U.S. government relies, say attorneys with Arnold & Porter LLP.
Two recent decisions in the Fifth Circuit and the Federal Circuit involving Kellogg Brown & Root Services Inc. dealt with vicarious liability under the Anti-Kickback Act for subcontractor kickbacks accepted by KBR’s employees. Both decisions are flawed, but they should alert contractors to a serious need to revisit ethics and compliance programs to address kickback situations, says John Pachter of Smith Pachter McWhorter PLC.
If the potential damage from the shutdown is significant and you have not done a great job of keeping good records regarding those confusing and hectic weeks, the time to capture the facts and data necessary to assert any requests for equitable adjustment is now, says Richard O'Keeffe of Wiley Rein LLP.
In many instances, the very businesses still facing time and budgetary constraints that hamper employee understanding of compliance must now add a new layer of comprehension in 2014. The stage is set for a banner enforcement year for regulatory bodies worldwide, says Veta Richardson, president and CEO of the Association of Corporate Counsel.
Tuomey Healthcare System Inc. recently incurred penalties to the tune of $237.4 million under the False Claims Act. The full consequences of this case for hospitals and physicians have not yet fully developed, but it is clear that compensation arrangements may not take into account the volume or value of referrals of designated health services without running afoul of the Stark Law, says Chris Morrison at GrayRobinson PA.
Although the U.S. Department of Defense's recently issued final rule addressing how DOD contractors and subcontractors must safeguard unclassified technical information on their corporate information systems narrows a 2011 proposed rule, it still has wide applicability to private sector information systems where DOD technical information is stored or transmitted, say attorneys with WilmerHale.
One very real concern of moving to a physician payment system with no guaranteed payment increases over the next decade is that physicians with sufficiently high private-payer volume could opt out of Medicare altogether or move to a “concierge” model, say Susan Banks and Christopher Kenny of King & Spalding LLP.
Mandated law student pro bono programs have not worked in championing the causes of social justice for those unable to afford counsel. States would be far better off using their resources to insist on a legislative solution to a very troubling and persistent deficiency in the allocation of legal resources, says Fred Isquith of Wolf Haldenstein Adler Freeman & Herz LLP.