Government Contracts

  • August 3, 2015

    Private W.Va. University To Pay $2.3M To Settle FCA Claims

    A private university in West Virginia will pay out $2.3 million to settle claims it misused a grant from the National Aeronautic and Space Administration to build a building on its campus, according to an announcement from the U.S. Attorney for West Virginia.

  • August 3, 2015

    11th Circ. Vacates Doc's Conviction In $200M Medicare Con

    The Eleventh Circuit on Monday reversed the conviction of a Florida doctor who had been found guilty in a $200 million Medicare fraud scheme involving kickbacks for referrals of drug-addicted and vegetative patients, finding that she didn’t take part in the scheme but upholding the convictions of four others who did.

  • August 3, 2015

    Lockheed Wins Joint-Air-to-Ground Missile, F-22A Contracts

    Defense giant Lockheed Martin Corp. snagged a pair of contract awards to service the U.S. Air Force’s F-22A Raptor fighters and work on the Joint Air-to-Ground Missile for the U.S. Army, according to a U.S. Department of Defense announcement on Friday, saying that the deals are worth up to $130 million.

  • August 3, 2015

    FTC Beats Suit Over Robocall Blocking Contest

    Federal Trade Commission expert judges acted within their discretion when considering robocall-blocking technologies that were submitted for a $50,000 prize, the U.S. Court of Federal Claims has ruled, tossing a contestant's challenge to how the agency evaluated entrants.

  • August 3, 2015

    AlliedBarton, Transit Guards Reach Prevailing-Wage Deal

    Allied Barton Security Services LLP will pay $850,000 to settle claims that it stiffed a class of employees on wages required under contracts with the New York City Transit Authority and other government agencies, according to an agreement filed Friday in New York federal court.

  • August 3, 2015

    BLM Improperly Banned Drilling Under Leases, Fed. Circ. Told

    A group of oil companies urged a Federal Circuit panel Monday to find that the Bureau of Land Management effectively neutered leases to drill by permanently favoring mining over drilling rights indefinitely, saying the agency has taken its property interest for some two dozen leases.

  • August 3, 2015

    Relief Organization Gets USAID Contract Suspension Lifted

    A Washington federal judge on Monday at least temporarily reinstated International Relief and Development Inc.’s access to federal aid contracts and funding, blocking a U.S. Agency for International Development suspension order stemming from alleged internal control issues at IRD.

  • August 3, 2015

    Navy Ad Contractor Wins Support In High Court TCPA Fight

    Several high-profile organizations and companies have voiced their support for a U.S. Navy advertising contractor appealing its Telephone Consumer Protection Act case to the U.S. Supreme Court, saying contractors should receive the same immunity as the government when working on its behalf.

  • July 31, 2015

    Tribe Urges High Court To Pass On Ex-Contractor's Suit

    California's Santa Ynez Band of Chumash Indians has asked the U.S. Supreme Court to pass on reviewing a former contractor's sanctions bid against the tribe, arguing that a bankruptcy court's denial of the motion had nothing to do with tribal sovereign immunity.

  • July 31, 2015

    LA Coliseum Bribery Suit Won’t Pause For Criminal Trial

    A California judge on Friday refused to put on hold a long-running suit alleging a former Los Angeles Memorial Coliseum Commission official accepted bribes in exchange for reduced venue fees for two rave promoters, saying the promoters' Fifth Amendment rights in a pending criminal suit could be worked around.

  • July 31, 2015

    Lawmakers Question If SpaceX Should Lead Blast Probe

    U.S. lawmakers questioned Thursday whether it was appropriate for Space Exploration Technologies Corp. to personally head up the investigation into the June 28 explosion that destroyed SpaceX's unmanned Falcon 9 resupply rocket bound for the International Space Station.

  • July 31, 2015

    Whistleblower Points To Texas Rulings In Omnicare FCA Suit

    A whistleblower in a long-running $630 million False Claims Act suit against Omnicare Inc. on Thursday submitted two Texas federal decisions regarding Medicaid certification for the court to consider while deciding whether summary judgment should be granted.

  • July 31, 2015

    NJ Justices Won't Review Waste Contract Dispute After All

    The New Jersey Supreme Court has backpedaled on its decision to review Mercer County Improvement Authority's battle over a municipal waste contract, centering on whether a lower bidder's opinion letter represented a material deviation that allowed the MCIA to reject its bid.

  • July 31, 2015

    Defense Agency's $49M Contract Award Flawed, GAO Says

    The U.S. Government Accountability Office sided with a group of contractors in a decision posted Thursday that found a Pentagon agency unreasonably and inconsistently evaluated bids on a $48.9 million contract it awarded, a decision that has already sparked at least one lawsuit in federal claims court.

  • July 31, 2015

    Medicare Does Not Cover Lab's Cancer Test, Judge Rules

    An Indiana federal judge on Thursday rejected the challenge of a medical test company to a U.S. Department of Health and Human Services decision denying Medicare coverage for its product that confirms the identity of biopsy patients with DNA.

  • July 31, 2015

    Xerox Wins Suit Over Navy Office's Early Contract Termination

    The U.S. Civilian Board of Contract Appeals ruled Thursday a U.S. Navy medical office must pay Xerox Corp. early termination charges on an equipment rental contract, saying it did not meet the conditions for a fee-free opt-out in the agreement with the company.

  • July 30, 2015

    Cephalon Can’t Dodge Provigil Claims In FCA Off-Label Suit

    A Pennsylvania federal judge Thursday denied a bid by Cephalon Inc. to dismiss claims in a False Claims Act suit relating to off-label marketing of its drug Provigil, saying a recent high court ruling did not support Cephalon’s assertion that similar claims in a related whistleblower suit barred the instant claims.

  • July 30, 2015

    OMB Mulling Cybersecurity Guidelines For Contractors

    The White House Office of Management and Budget announced on Thursday that it will soon release draft guidance on data security measures for federal contractors.

  • July 30, 2015

    Honeywell Gets Army Subcontractor Suit Pared Back

    A Missouri federal magistrate on Thursday largely sided with Honeywell International Inc.'s argument that it never committed in writing to bringing a process plating company onto a $61 million U.S. Army facility contract, tossing an important chunk of the would-be subcontractor's suit.

  • July 30, 2015

    NuVasive Inks $14M FCA Deal Over Kickbacks, Off-Label Uses

    Medical device maker NuVasive Inc. will pay $13.5 million to resolve whistleblower allegations that it violated the False Claims Act by promoting off-label uses of spinal fusion products for Medicare patients and dispensing kickbacks through a supposedly independent medical society, the U.S. Department of Justice said Thursday.

Expert Analysis

  • RICO Suits Challenge Off-Label Drug Marketing

    John D.W. Partridge

    False Claims Act cases are generally limited to conduct involving government payors, so private payors have recently sought to challenge off-label promotion of drugs using a different legal vehicle: the federal Racketeering Influenced and Corrupt Organizations Act, say John Partridge at Gibson Dunn & Crutcher LLP and attorney Jason Stavers.

  • 3 Class Actions Before The Supreme Court

    Fred T. Isquith

    Perhaps the case potentially most consequential is Campbell-Ewald Co. v. Gomez, which raises intriguing procedural issues and would affect any class action where the defendant offers to the plaintiff full damages and any feasible fees and costs, says Fred Isquith of Wolf Haldenstein Adler Freeman & Herz LLP.

  • 7 Keys To Improving Your Direct Examination

    James Murray

    Trial lawyers should approach direct examination with the same excitement as cross-examination. If you do not, the jury will notice and your case will suffer. An effective direct examination backs the lawyer out of the action and puts the witness front and center to tell the story in a conversational, comforting, interesting fashion, says James Murray of Dickstein Shapiro LLP.

  • 9th Circ. Confirms FCA Relator's Conviction Bars Recovery

    Suzanne Jaffe Bloom

    U.S. v. CH2M Hill was a matter of first impression in the Ninth Circuit, and the court’s recent holding is consistent with prior decisions from the Sixth and Eighth Circuits that have noted that relators who have been convicted for their participation in the fraud are not entitled to any recovery, say Suzanne Jaffe Bloom and Mollie Richardson of Winston & Strawn LLP.

  • Paging Providers, CMS Changes To Stark Law May Help You

    Linda A. Baumann

    The Centers for Medicare and Medicaid Services' proposed rule to simplify compliance with the Stark Law could benefit providers tremendously since the law is a strict liability statute and is increasingly being used by both whistleblowers and the government to impose multimillion-dollar judgments and settlements on hospitals and other health care providers, say attorneys at Arent Fox LLP.

  • This Week In Congress: Continuing Resolution Looms

    Richard A. Hertling

    Highway funding remains at an impasse this week, as House and Senate debates continue. Iran also remains a major focus, with only 60 days for Congress to review the nuclear agreement reached earlier this month. Meanwhile congressional leaders have finally acknowledged what has been clear all along — efforts to fund the government past Sept. 30 have failed, say Richard Hertling and Kaitlyn McClure of Covington & Burling LLP.

  • Congress Continues To Threaten Contracting By Inverted Cos.

    Ron Oleynik

    Recent congressional proposals expand the definition of "inverted domestic corporation" considerably and may lead to further limitations on the ability of IDCs to contract with the federal government, say Ron Oleynik and Sam Tatevosyan of Holland & Knight LLP.

  • Low Levels Of FCPA Enforcement Continued In Q2

    Marc Bohn

    Unless the pace of Foreign Corrupt Practices Act enforcement picks up considerably, as it did last year, 2015 is on track to be the lowest year in terms of resolved dispositions since 2005, say Marc Alain Bohn and Michael Skopets of Miller & Chevalier Chtd.

  • Spotlight On Medicare Jurisdiction Issues In Bankruptcy

    Rosa J. Evergreen

    The Bayou Shores bankruptcy case and related litigation — which could soon reach the Eleventh Circuit — highlights some of the challenges a health care facility or provider may face in using bankruptcy as a tool to prevent the termination of its Medicare and Medicaid provider agreements, say Rosa Evergreen and Michael Bernstein of Arnold & Porter LLP.

  • The Health Care Governance Implications Of Tuomey

    Michael W. Peregrine

    For health systems interpreting the Fourth Circuit's decision in Drakeford v. Tuomey Healthcare System Inc., the highly critical characterization of the Stark Law should serve as a separate red flag to governance with respect to the sufficiency of internal legal review, says Michael Peregrine of McDermott Will & Emery LLP.