Government Contracts

  • November 21, 2014

    Urgency To Use P3 Grows, But Lack Of Law Is An Obstacle

    The United States' crumbling infrastructure and lack of funds is forcing an increasing number of local governments to turn to public-private partnerships, but many states lack comprehensive legislation for so-called P3 deals, requiring law firms to mobilize practices to help get a project developed.

  • November 21, 2014

    CH2M Fires Off $11M Suit Over Canceled Air Force Contract

    CH2M Hill Constructors Inc. is seeking $10.7 million from the federal government for ending its contract to renovate a U.S. Air Force training center a few months before completion, saying in a Thursday complaint to the U.S. Court of Federal Claims that the government denied the company's reasonable extension requests.

  • November 21, 2014

    Walgreen Says Unwanted Refill FCA Suit Lacks Evidence

    Walgreen Co. on Thursday urged a California federal court to toss a whistleblower’s suit accusing it of wrongly charging Medicare and Medicaid for unwanted prescription refills, saying he had not provided any evidence to back his allegations.

  • November 21, 2014

    GAO Urges Congress To Keep Tabs On US Navy Carrier Costs

    Congress should revise legislation placing caps on the costs of two new U.S. Navy aircraft carriers to make the service more accountable for the escalating costs of the program, according to a U.S. Government Accountability Office report published Thursday.

  • November 21, 2014

    BAE-South Korea Row Offers Rare Look At FMS Failure

    An unusual complaint filed by a BAE Systems PLC unit claiming it doesn’t owe a $43 million bond to the South Korean government after the country backed out of an F-16 upgrade contract with the company shows how the U.S. government’s typically reliable foreign military sales process can go awry, experts say.

  • November 21, 2014

    CACI Lands $182M Naval Sea Logistics Support Contract

    Virginia-based information technology giant CACI International Inc. scored a $182 million contract to provide Naval Sea Systems Command with integrated logistics and acquisition support over the next five years, the company said Thursday.

  • November 21, 2014

    3rd Circ. Urged To Revive FCA Suit Over Wholesale Drug Costs

    The Third Circuit was urged during oral arguments on Friday to find that a purported whistleblower’s work to uncover an alleged scheme by Express Scripts Inc. and other companies to overbill the federal government for prescription drugs gave him grounds to sue under the False Claims Act.

  • November 21, 2014

    Ill. High Court Sinks False Claims Suit Over Gas Rate

    The Illinois Supreme Court on Thursday threw out a whistleblower state False Claims Act suit alleging a natural gas utility had fudged safety records to back a rate increase, finding that the state utilities regulator — and not the courts — has jurisdiction over the dispute.

  • November 21, 2014

    Eli Lilly, Takeda Win Dismissal Of Ark. Taxpayer Actos Suit

    A Louisiana federal judge on Thursday threw out a proposed class action alleging that Takeda Pharmaceutical Co. and Eli Lilly & Co. ripped off taxpayers by hiding the risks of their diabetes drug Actos, after the Arkansas Supreme Court ruled the drug was properly prescribed by doctors.

  • November 20, 2014

    Prime Healthcare Can't Slip $50M Medicare Billing FCA Suit

    A California federal judge on Thursday rebuffed Prime Healthcare Services Inc.’s bid to dismiss a False Claims Act suit alleging the hospital group overcharged Medicare and Medicaid over $50 million by falsifying admissions information, accepting a government statement that the allegations weren’t public before the suit was filed.

  • November 20, 2014

    5 Convicted In $200M Medicare Con Ask 11th Circ. For Retrials

    Five defendants convicted of participating in a $200 million Medicare fraud scheme involving kickbacks for referrals of drug-addicted and vegetative patients argued before the Eleventh Circuit on Thursday that they should be granted new trials because they were not allowed a rebuttal witness at trial.

  • November 20, 2014

    Fluor Strikes Deal With Contractor In $17M Hot Shower Suit

    Fluor Intercontinental Inc. reached a confidential settlement with a worker who won $17.3 million in a suit that alleged he was severely burned by showers at a compound in Baghdad, leading a Texas appellate court on Wednesday to reverse and render a take-nothing judgment.

  • November 20, 2014

    Northrop Nabs $116M Award To Upgrade US Targeting System

    Northrop Grumman Corp. has received a $116 million award under an existing contract from the U.S. Department of Defense to upgrade battlefield target and surveillance technology for the U.S. military, the company said this week.

  • November 20, 2014

    $6B Record Haul For DOJ As FCA Reaches New Heights

    The U.S. Department of Justice on Thursday announced that it recovered $5.7 billion through False Claims Act litigation in fiscal 2014, a record haul buoyed by exceptionally large penalties against financial institutions as well as continued success policing hospitals, drugmakers and defense contractors.

  • November 20, 2014

    DOD Risks Excessive Reliance On Contractors, GAO Says

    The U.S. Department of Defense’s inability to keep track of its contracted services puts it at risk of becoming overly reliant on contractors for core missions, according to a U.S. Government Accountability Office report published on Wednesday.

  • November 20, 2014

    DOD Brass Says Tough Trade-Offs Loom For Intel Spending

    The commander of the U.S. Air Force's intelligence, surveillance and reconnaissance programs on Thursday called for a dispassionate review of the military's ISR requirements for future spending and allocation decisions, noting the military is facing some tough decisions for the most in-demand technologies.

  • November 20, 2014

    Ex-Air Force Officer Gets 3 Years For $5M Bribery Scheme

    A Florida federal judge on Wednesday handed down a three-year prison sentence to retired Air Force officer John Norman Sims for allegedly taking bribes from Air Force contractors in a scheme to defraud the military out of $5.4 million.

  • November 20, 2014

    Software Co.'s Bid Protest Over DHS Contract Tossed

    The U.S. Court of Federal Claims has tossed Savantage Financial Services Inc.’s suit challenging a U.S. Department of Homeland Security decision to switch one of its divisions to a rival financial management software provider without putting the contract out for bid, according to an opinion unsealed Wednesday.

  • November 20, 2014

    Boeing Wins $195M Electronics Contract Mod From US Navy

    The Boeing Co. has nabbed a $195 million modification to a U.S. Navy contract to provide airborne electronic attack kits for its EA-18G aircraft, according to a U.S. Department of Defense notice.

  • November 19, 2014

    DOD Pushes $188M Lockheed, Northrup F-16 Greece Sale

    The U.S. Department of Defense has asked Congress to approve a $188 million deal that would allow Lockheed Martin Corp. and Northrop Grumman Corp. to upgrade Greece's F-16 aircraft and provide associated equipment, training and support for the planes, the DOD said Tuesday.

Expert Analysis

  • Differentiate Your Litigation Practice With Data Security

    Jennifer Topper

    Despite the significant tilt toward technology in how litigation is now conducted, many senior lawyers still delegate tech-related issues to e-discovery specialists or associates at their firms. This is a missed opportunity not just for client development, but also for shaping the way the firm and lawyer are seen in the eyes of corporate counsel, says legal industry business development specialist Jenn Topper.

  • Novartis FCA Case Reaffirms Importance Of Company Policies

    Michael Loucks

    To the extent other courts adopt the New York federal court's analysis in U.S. v. Novartis Pharmaceuticals Corporation, the collateral consequence of an employee breach of internal policy or industry code of ethics and a corporate failure to appropriately sanction those employees could yield adverse consequences in the event of follow-on federal False Claims Act litigation, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

  • The Print Room: How To Spend Less And Get More

    Senthil Rajakrishnan

    Our estimates indicate that some law firms spend up to $8,000 per attorney each year on print-related costs. Although we live in a digital world, hard copy printing will remain an important part of business for years to come. Changing technology, however, offers opportunities to improve efficiencies and save money, say Senthil Rajakrishnan and Ryan Mittman of HBR Consulting LLC.

  • Dewey Partner Clawback Ruling May Hurt New York Law Firms

    Evan C. Hollander

    Unless the recent ruling in the Dewey & LeBoeuf LLP bankruptcy case is overturned on appeal or the New York Legislature amends the state’s fraudulent transfer and partnership laws, partners of New York firms will bear greater risk if their firms fail than will members of many non-New York partnerships. This risk factor might even affect decisions by prospective lateral partners about which firms to join, say attorneys with Arnold & Porter LLP.

  • Novation — At The Crossroads Of M&A And Gov't Contracts

    Kimi Murakami

    When beginning the novation process to transfer government contracts during a strategic acquisition, contractors should keep in mind that approval for the transfer is completely within the discretion of the contracting officer — who, while very familiar with government contracts, may be less familiar with corporate transactional matters, says Kimi Murakami of PilieroMazza PLLC.

  • FCA Case Will Likely Set Standard On ACA Overpayments

    Bill Mateja

    A New York federal court's ruling on the motion to dismiss that was just filed in the False Claims Act suit against Continuum Health Partners Inc. will most likely set forth some needed guidance as to what kind of factual scenario triggers the start date for the Affordable Care Act’s 60-day overpayment rule, say Bill Mateja and Mike Nammar of Fish & Richardson PC.

  • SEC's New Enforcement Weapon Against Municipal Officers

    Leonard Weiser-Varon

    The U.S. Securities and Exchange Commission’s securities fraud action against the former mayor of Allen Park, Michigan, in connection with a proposed public-private film studio project suggests that the SEC intends, when feasible, to use the “control person” theory to go after actors it deems culpable for securities fraud in municipal offerings but cannot reach as primary violators, says Leonard Weiser-Varon of Mintz Levin Cohn Fer... (continued)

  • 5 Best Practices For Responding To Federal OIG Subpoenas

    Justin Chiarodo

    In 2013 alone, federal agency inspector general offices boasted $14 billion in investigative recoveries and receivables. Government contractors should pay close attention to OIGs’ powers and goals, and be prepared for OIG subpoenas, say Justin Chiarodo and Adam Proujansky of Dickstein Shapiro LLP and Brian Miller, a managing director at Navigant Consulting Inc. and former inspector general for the U.S. General Services Administration.

  • How Trade Secrets Law Protects Contractor Proposal Info

    Douglas Proxmire

    The key for a government contractor suing a former employee for misappropriation of proposal information is demonstrating that its proposal constitutes a compilation of information within the context of the Uniform Trade Secrets Act's definition of — and the courts' interpretations of — trade secret, say Douglas Proxmire and Elizabeth Buehler of Venable LLP.

  • Navigating Inbound Chinese Investment Through The CFIUS

    Peter Thomas

    The growth of Chinese investment in the United States has been controversial, which is reflected in the scrutiny from the Committee on Foreign Investment in the United States. But as shown by a number of recent deals, including the Smithfield-Shuanghui, Nexen-CNOOC and IBM-Lenovo transactions, parties have successfully navigated the CFIUS review process by adopting proactive and transparent approaches, say attorneys with Simpson Th... (continued)