Government Contracts

  • August 31, 2015

    Cargo Co. Says Gov't Can't Show Intent In FCA Suit

    Jacintoport International LLC blasted the government's False Claims Act suit against it in D.C. federal court Friday, arguing that there's been no showing of intent to defraud by the cargo-handling firm in overbilling the government for storing food for humanitarian aid.

  • August 31, 2015

    Trinity To Appeal $663M Guardrail FCA Verdict To 5th Circ.

    Trinity Industries Inc. gave notice Friday that it was going to the Fifth Circuit to challenge a whistleblower's successful $663 million False Claims Act judgment against it in Texas federal court over selling defective guardrails.

  • August 31, 2015

    Insurers Needn't Cover Defense In FCA Case, 5th Circ. Rules

    The Fifth Circuit has upheld a lower court’s decision that a shipbuilder’s insurers need not cover its legal defenses in a $78 million False Claims Act case, confirming Thursday that exclusion clauses in the insurance policy applied to the claims.

  • August 31, 2015

    US Gov't Asks For $85.6M In Jet Engine FCA Suit

    The U.S. government asked an Ohio federal judge Friday for an $85.6 million judgment against United Technologies Corp.-owned Pratt & Whitney — more than 10 times the amount the contractor says is appropriate in the interminable False Claims Act case alleging it deceived the U.S. Air Force.

  • August 31, 2015

    5 Insights From 3M General Counsel Ivan Fong

    Going in-house for the right reasons and for the right company can be one of the most rewarding professional decisions you can make. It also comes with a certain amount of risk, for your career may rise or fall due to business or industry tailwinds or headwinds beyond your control, says Ivan Fong, general counsel for 3M Company and former GC of the U.S. Department of Homeland Security.

  • August 28, 2015

    ManorCare Blasts DOJ, Says FCA Case Deserves Dismissal

    HCR ManorCare Inc. on Friday blasted the U.S. Department of Justice's arguments against dismissing its case claiming the nursing home giant inflated the amount of therapy it provided to bill Medicare at a higher rate, saying the government hasn't adequately pled its case.

  • August 28, 2015

    Ocwen Parent In Too Deep To Shake FCA Claims, Relators Say

    Relators suing Ocwen Financial Corp. and a subsidiary under the False Claims Act told a Texas federal judge on Thursday that the parent company is too closely tied to the alleged misconduct to escape claims it provided false information to a federal loan modification program.

  • August 28, 2015

    Legislators Back VA Contracting Challenge In Supreme Court

    More than 40 members of Congress have joined several veterans groups in filing amicus briefs with the U.S. Supreme Court backing a company that says the U.S. Department of Veterans Affairs has shirked its legal requirement to try to steer contracts to veteran-owned and disabled-veteran-owned small businesses.

  • August 28, 2015

    Army Corps Must Foot $3B Bill For Post-Katrina Project: Judge

    The U.S. Army Corps of Engineers is on the hook for the entire $3 billion bill to restore wetlands surrounding the now-closed Mississippi River-Gulf Outlet Canal, a Louisiana federal judge ruled Thursday, lambasting the agency for delaying the "vital" ecosystem restoration necessary for future hurricane protection.

  • August 28, 2015

    Contract Claims Axed From DOE Subcontractor's $50M IP Suit

    A U.S. Department of Energy subcontractor’s $50 million infringement suit took another blow Thursday when a U.S. Court of Federal Claims judge tossed the contract breach claims because the government was not a party to the at-issue agreement, weeks after axing the trade secrets claims.

  • August 28, 2015

    DOD Offers $75M Under Silicon Valley High-Tech Venture

    Secretary of Defense Ash Carter on Friday announced $75 million in federal funding and a new partnership between the U.S. Department of Defense and Silicon Valley to produce electronics that can be printed on flexible, stretchable surfaces.

  • August 28, 2015

    GAO Calls DOD's $1.4T Weapons Acquisitions Unorganized

    The U.S. Department of Defense's $1.4 trillion worth of weapons systems acquisitions is a disjointed and potentially duplicative process, the Government Accountability Office warned Thursday in a new report that urged the Pentagon to adopt top-down portfolio management practices.

  • August 27, 2015

    Genesis Healthcare Faces FCA Row Over Unneeded Therapies

    Genesis Healthcare LLC is facing a consolidated False Claims Act suit brought by a group of therapists who claim the health care provider overcharged the government for therapies and put patients through unnecessary treatments to extract more money, according to a complaint unsealed Thursday in Pennsylvania federal court.

  • August 27, 2015

    Prison Co. Denied Reconsideration In Detainee Labor Case

    A Colorado federal judge on Wednesday denied a bid by the owner of a private detention center accused of forcing immigration detainees to work for little or no pay to reconsider denying its motion to dismiss under the Trafficking Victims Protection Act, saying the company was just trying to revisit old issues.

  • August 27, 2015

    Enviros Appeal Seattle Judge’s Shell Arctic Fleet Ruling

    Environmental groups appealed Thursday a Washington court ruling that the Port of Seattle did not need to conduct an environmental review before allowing Royal Dutch Shell PLC's Arctic drilling fleet to call the city home.

  • August 27, 2015

    Exec’s Son Can’t Recoup Metal-Smuggling Cash, Feds Say

    The U.S. Department of Justice told a New York federal court Wednesday that a metal company executive’s son can’t reclaim money his father forfeited after pleading guilty to a scheme to smuggle magnesium later supplied to a government contractor, arguing he didn’t own the account from which the sum was taken.

  • August 27, 2015

    Nike Fights Armstrong Deals Disclosure Related To FCA Suit

    Nike on Tuesday asked an Oregon federal court for a protective order to limit disclosure of financial information related to its business deals with disgraced cyclist Lance Armstrong that is being sought in connection with a separate False Claims Act suit against Armstrong over the U.S. Postal Service’s sponsorship of his cycling team.

  • August 27, 2015

    Home Health Co. Owners Charged With $6M Medicare Fraud

    A federal grand jury has indicted the owners of a Chicago home health care business and others on 23 counts that they allegedly defrauded Medicare of more than $6 million following a kickback scheme, prosecutors said Thursday.

  • August 27, 2015

    GAO Disputes $210M Contract For Ex-Unit Of Snowden Vetter

    The acquisition of a former unit of U.S. Investigative Services LLC, which did the background check on National Security Agency leaker Edward Snowden, could doom the unit's $210 million contract with the Department of Homeland Security after a Government Accountability Office decision released Thursday.

  • August 27, 2015

    CenturyLink, AT&T Accept $933M For Broadband Expansion

    CenturyLink Inc. and AT&T Inc. waited until the deadline to accept a combined $933 million a year from the Federal Communications Commission to expand broadband Internet access in rural areas under the Connect America Fund program, according to separate announcements Thursday.

Expert Analysis

  • Is There 'Credible Information' Of A CTIPs Violation?

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    Compliance officers and attorneys need to develop a working understanding of “credible information” as used in the Federal Acquisition Regulation Combating Trafficking in Persons clause. Unlike other terms, “credible information” is not a precise legal term. There is also an inconsistency within the FAR, says Robert Stamps, special counsel for Afghanistan at Fluor Intercontinental Inc.

  • Understanding PURPA Rights In Power Purchase Agreements

    Daniel R. Simon

    After many years of waning significance, the Public Utility Regulatory Policies Act of 1978 has reignited as a useful tool for renewable energy and cogeneration project developers. But before negotiating a power purchase agreement of any type, developers, lenders and investors should understand their rights under PURPA, says Daniel Simon at Stroock & Stroock & Lavan LLP.

  • Hospital Chain Pays Heavily For Being Too Clever

    One substantive lesson from Doughramji v. Community Health Systems Inc. is that when a defendant in a False Claims Act qui tam case pays money for the release of a relator's claim, the relator will likely be entitled to reasonable attorneys' fees as a prevailing party unless the settlement agreement says otherwise — and says it unambiguously, says Norman Tabler Jr. of Faegre Baker Daniels LLP.

  • Mitigating FCA Whistleblower Risk When Employees Leave

    David Pivnick

    Effective exit interviews and questionnaires can be an important component in preventing and hindering future False Claims Act litigation. It is important to make departing employees feel comfortable revealing not only specific fraudulent activity, if identified, but also general disquiet about the company’s compliance culture, say members of McGuireWoods LLP, Duff & Phelps LLC and Axiom Law.

  • Inside DOD's Interim Rule On Cloud Cybersecurity

    Lawrence Prosen

    As the sophistication of cyber incidents increases and the security of government-protected data gains ever heightened stance, it is key that we continue to develop stronger regulations and protections. The U.S. Department of Defense interim rule relating to DOD-contracted cloud computing services is a good next step — but it is only a step on an undoubtedly long road, says Lawrence Prosen of Thompson Hine LLP.

  • Don't Ignore Small And Midsize Health FCA Settlements

    Michael A. Filoromo III

    While the dollar figures involved in fraudulent schemes committed by small and midsize health providers pale in comparison to the record-setting $3 billion settlement with GlaxoSmithKline PLC, they are nonetheless substantial and can result in significant awards through the qui tam provisions of the federal False Claims Act, says Michael Filoromo III of Katz Marshall & Banks LLP.

  • Paid Sick Leave For Contractors Is Par For The Course

    Joshua F. Alloy

    President Obama's expected executive order on paid sick leave for workers employed by federal contractors and subcontractors is the latest in a series of employment-related executive orders intended to improve wages, benefits and terms and conditions of employment for employees of government contractors, says Joshua Alloy of Arnold & Porter LLP.

  • 5 Takeaways From Former SAP Exec's FCPA Case

    Stacey Sprenkel

    Vincente Garcia, former head of Latin American sales for SAP International Inc., recently pled guilty in San Francisco federal court to violations of the Foreign Corrupt Practices Act and settled civil FCPA charges brought by the U.S. Securities and Exchange Commission, underscoring the agencies' continuing focus on the technology sector and Northern California in general, say attorneys with Morrison & Foerster LLP.

  • How OIG Audit Findings Influence GSA Compliance Efforts

    Jennifer Aubel

    Despite the fact that the majority of U.S. General Services Administration contract holders will never be subject to an audit by the Office of the Inspector General, the compliance burden associated with their contracts is heavily influenced by the issues identified in such audits, says Jennifer Aubel of Aronson LLC.

  • 1st Of Its Kind FCA Settlement May Not Be Last

    Andrew J. Finan

    The U.S. Department of Justice is claiming the settlement agreement with Pediatric Services of America Inc. is a “first of its kind” settlement because it is the first involving a health care provider’s failure to investigate, report and repay overpayments received from federal health care programs under Section 6402 of the Affordable Care Act. While the agreement may be the first of its kind, it likely won't be the last, says Andr... (continued)