Government Contracts

  • May 25, 2016

    House Battles Over LGBT Protections In Energy, Water Bill

    The U.S. House added possibly conflicting language addressing executive orders prohibiting LGBT discrimination among federal contractors to a $37.4 billion energy and water project authorization bill Wednesday, after voting down a measure explicitly preserving the orders in the Veterans Affairs authorization bill last week.

  • May 25, 2016

    NY Board OKs $485M For Buffalo-Area Solar Plant

    The New York State Public Authorities Control Board on Wednesday approved $485.5 million in additional funding for a solar panel production plant in Buffalo.

  • May 25, 2016

    Biz Group Shut Out From State's DOE Plutonium Waste Suit

    A federal judge on Wednesday refused to let a regional economic development alliance intervene in South Carolina’s lawsuit against the Department of Energy over a failure to complete a controversial, multibillion-dollar nuclear weapons waste disposal facility, saying the group's interests were adequately represented by the state.

  • May 25, 2016

    IRS Wrong To Deny $26.4M Tax Deduction, Builder Says

    A Scottsdale-based residential and commercial builder asked an Arizona federal court to restore a $26.4 million tax deduction thrown out by the Internal Revenue Service, saying that the figure is warranted by the company’s preservation of about 182 acres within a nearly 9,000-acre Phoenix-area development.

  • May 25, 2016

    Pa. Township Supervisors Violated Sunshine Act, DA Says

    Four members of a Pennsylvania township's board of supervisors violated the state Sunshine Act by agreeing in a private email vote to hire a consultant to oversee the hunt for township manager, the Bucks County district attorney announced Wednesday.

  • May 25, 2016

    House Passes Energy Policy Bill Over Democratic Objections

    House Republicans on Wednesday voted to approve a new version of its energy policy overhaul, over largely Democratic objections that the bill ignites “water wars” in California, resurrects the Keystone XL pipeline and prioritizes fossil fuels over renewable energy.

  • May 25, 2016

    NY Pharmacist Pleads Guilty In $3M Medicare Fraud Case

    A New York pharmacist pled guilty Wednesday to falsely billing $2.7 million to government health care programs largely for HIV and AIDS medication refills never requested by or given to patients, to keeping the profits and to lying about the money on his tax returns.

  • May 25, 2016

    $602B Defense Authorization Bill Advances In Senate

    The Senate on Wednesday voted almost unanimously to advance the National Defense Authorization Act of 2017, following a procedural move from Democrats that meant a several-day delay on considering the $602 billion bill setting U.S. Department of Defense budget and policy.

  • May 25, 2016

    Teacher Tenure Fight Heads To Calif. High Court

    An education reform group asked the California Supreme Court to take on its case calling the Golden State's teacher tenure system unconstitutional because it saddles poorer children with ineffective teachers, arguing Wednesday that a decision upholding the law "breaks sharply" with the high court's history.

  • May 25, 2016

    Ocwen FCA Suits Should Go To Trial, Judge Says

    A Texas federal judge has declined to resolve certain questions before trial in a pair of False Claims Act cases against Ocwen Financial Corp. and two subsidiaries, saying factual disputes may remain about whistleblower accusations the loan servicing companies provided false information to a federal loan program.

  • May 25, 2016

    2nd Circ. Won't Revive Power Solutions FCA Suit

    The Second Circuit refused to revive a former ITT Power Solutions Inc. employee’s False Claims Act suit accusing the power supplies maker of providing the federal government with equipment outside of required contractual specifications, ruling Wednesday his allegations were too vague.

  • May 25, 2016

    Navy Golf Instructor's Privacy Not Violated: 9th Circ.

    A golf instructor on a U.S. Navy base in California did not have his rights violated when he became the subject of a budgetary investigation after he blew the whistle on a cashier for stealing money, a Ninth Circuit panel said in an opinion Tuesday.

  • May 25, 2016

    DynCorp Contract Spat Belongs With Army, Northrop Says

    Northrop Grumman Technical Services Inc. on Tuesday asked a Virginia federal judge to halt an ongoing case against DynCorp International LLC over a 2007 Afghanistan counternarcotics subcontract, arguing that the fate of the dispute is now in the U.S. Army’s hands.

  • May 25, 2016

    9th Circ. Ends Booz Allen Worker's Suit Over Stock Deal

    The Ninth Circuit has refused to revive a lawsuit from a former Booz Allen worker claiming the company forced him into retirement before a lucrative stock buyout, saying Booz Allen’s employee stock program did not qualify as a retirement plan under the Employee Retirement Income Security Act.

  • May 24, 2016

    House Keeps 'Waters Of US Rule' Defunding In Energy Bill

    The U.S. House of Representatives voted Tuesday to keep provisions blocking implementation of the so-called Waters of the United States rule under the Clean Water Act in a $37.4 billion bill funding the U.S. Department of Energy, U.S. Army Corps of Engineers, and several energy and water infrastructure projects.

  • May 24, 2016

    Guilty Subcontractor Wasn't Deprived Fair Trial, Feds Say

    The federal government on Monday blasted a Superfund site subcontractor's attempt to overturn his federal conviction for using bribes and kickbacks to secure continued work in a multiphase project in New Jersey, arguing that there was plenty of evidence to prove the subcontractor's guilt.

  • May 24, 2016

    OIG Audits Laden With 'Legal Defects,' AHA Says

    Audits of hospital billing by the Office of Inspector General for the U.S. Department of Health and Human Services contain "numerous legal defects" and result in wildly excessive repayment demands, the American Hospital Association charged in a letter released Tuesday.

  • May 24, 2016

    Pfizer Beats FCA Suit Over Geodon Marketing

    A Massachusetts federal judge handed Pfizer a sweeping victory Monday by tossing all the remaining False Claims Act allegations in a suit over the marketing of antipsychotic Geodon.

  • May 24, 2016

    Prisons' Hands Tied On Smuggled Phones, FCC Told

    With prisoners' contraband cellphones a pressing problem, the Federal Communications Commission must modernize "outdated" regulations so states and correctional facilities can develop better ways of finding and disabling the phones, nearly a dozen governors said Monday.

  • May 24, 2016

    Ringleader In $2M Medicare Fraud Gets 15 Months

    The former owner of a home health care business will spend 15-months in prison for running a $1.8 million scheme to send inflated patient bills to Medicaid, according to a judgment entered Monday in Illinois federal court.

Expert Analysis

  • Who Won In High Court's Luis Decision?

    James J. Bell

    Obviously, the Sixth Amendment’s right to counsel was a big winner after the U.S. Supreme Court's decision in Luis v. United States. But practically speaking, there may be no winners, says James Bell of Paganelli Law Group LLC.

  • An FCA Update As We Await High Court's Escobar Decision

    Brad Robertson

    The federal False Claims Act may soon be reshaped. With a case pending before the U.S. Supreme Court on the controversial theory of implied false certification, a pair of interesting cases in the Second Circuit and a recent House Judiciary Subcommittee raising issues of FCA reform, the law may face changes in text or interpretation, say attorneys with Bradley Arant Boult Cummings LLP.

  • Panama Papers: Reminders About Law Firm Cybersecurity

    Sean Doherty

    Nowhere is the attractiveness of law firms as cybercrime targets more evident than the recent Mossack Fonseca hack, believed to be the most significant data theft event in history. Firms represent a treasure trove of information and historically have had dreadful cybersecurity practices. There has been some progress, but firms can also commit to better defending their information by taking a simple, three-step approach, says Sean D... (continued)

  • OPINION: Sotomayor's Solution To Pro Bono Is Incomplete

    David A. Lash

    In calling for mandatory pro bono service, U.S. Supreme Court Justice Sonia Sotomayor is effectively using her bully pulpit to advance the cause of access to justice for the poor. Her courageous leadership is a clarion call to action that must be heeded. But bold as it may be, the pronouncement is incomplete, says David Lash, managing counsel for pro bono at O’Melveny & Myers LLP and a member of the Association of Pro Bono Counsel.

  • Creating Barclay Damon: Lessons From A Law Firm Merger

    John P. Langan

    Joining two firms with long histories meant not only combining cultures, philosophies and deeply rooted ways of doing business, but also combining two IT systems, two accounting systems, and two ways of handling many other administrative functions. It didn't help that the firms had different fiscal year ends, says John Langan, managing partner of Barclay Damon LLP.

  • Reflecting On The 20th Anniversary Of BMW V. Gore

    Andrew Frey

    On May 20, 1996, the U.S. Supreme Court held that a $2 million punitive damages award imposed for a tort that caused $4,000 in economic harm was unconstitutionally excessive. In the ensuing 20 years, BMW v. Gore has proved to be a foundational case in punitive damages jurisprudence. We were fortunate enough to have played a role in this historic decision, say Mayer Brown LLP partners Andrew Frey and Evan Tager and Maserati North Am... (continued)

  • Corporate Counsel: Consumer Becomes Provider (The Sequel)

    Mark A. Cohen

    Last week, we discussed why corporate legal departments are taking on so much more work themselves instead of outsourcing it to law firms. This is, of course, an ominous sign for law firms and the traditional partnership structure. So too is disaggregation and the emergence of legal service providers as well as others — notably the Big Four — poised to enter the gargantuan legal services market, says Mark A. Cohen of Legal Mosaic LLC.

  • Virtually All Contractors Subject To New Cybersecurity Rule

    Ronald Lee

    The rule issued by the U.S. Department of Defense, NASA and General Services Administration this week expressly lists a set of 15 security controls that most contractors will be expected to implement. While it requires concerted focus on compliance, the rule is likely to be taken as more limited and palatable to defense contractors than the DOD’s 10-month-old Defense Federal Acquisition Regulation Supplement rule, say attorneys wit... (continued)

  • Federal Claims Court Ruling May Bring New Kind Of Protest

    John E. Jensen

    The bid protest long has been the province of the disappointed bidder/offeror — the government contractor that competed for the award of a federal contract and lost. But the U.S. Court of Federal Claims' recent decision in National Air Cargo opens the door to the possibility of a bid protest by an offeror that competed and won, say John Jensen and Alexander Ginsberg of Pillsbury Winthrop Shaw Pittman LLP.

  • OPINION: Stop 'Vigorously Defending' Your Clients

    Dan McGinn

    Oddly, amazingly, inexplicably, in a business where words are never in short supply, only one word seems to work when it comes to characterizing a lawyer’s commitment to clients, says Dan McGinn, a national reputation management adviser who has counseled nearly half the Fortune 100.