Government Contracts

  • October 22, 2014

    DaVita Finalizes $389M Settlement Over Kickback Claims

    Dialysis giant DaVita HealthCare Partners Inc. has finalized a deal in which it will pay $389 million and unwind 11 joint ventures to resolve criminal and civil claims by a whistleblower that it provided kickbacks to kidney doctors, DaVita and the U.S. Department of Justice said Wednesday.

  • October 22, 2014

    Hooper Lundy Nabs Greenberg Traurig Vet For Health Practice

    Hooper Lundy & Bookman PC has lured a longtime Greenberg Traurig attorney to its Washington, D.C., office to guide health care providers through deals and lawsuits that implicate the False Claims Act, Anti-Kickback Statute and Stark Law, the firm announced Wednesday.

  • October 22, 2014

    Schiff Hardin Snags Arent Fox Construction Group Head

    Schiff Hardin LLP earlier this week picked up a former leader of Arent Fox LLP’s construction practice, who will bring with him experience working on high-profile projects including New York’s Grand Central Station and Yankee Stadium, the firm said.

  • October 22, 2014

    Blackwater Verdict May Dampen Allure Of Overseas Contracts

    A Washington, D.C., federal jury on Wednesday found four former Blackwater Worldwide security guards guilty of murder and manslaughter stemming from a 2007 shooting in Baghdad's Nisour Square, a first-of-its kind verdict that experts say could cause government contractors and their employees to think twice about controversial security contracts.

  • October 22, 2014

    $6.8B NASA Contract Gets Green Light Despite GAO Protest

    A federal judge on Tuesday allowed NASA to move forward with a $6.8 billion space transport contract awarded to SpaceX and Boeing Co., letting the agency take the unusual step of overriding the automatic stay that is triggered by protests at the Government Accountability Office.

  • October 22, 2014

    Northrop Grumman, CSC Win $71M In DOD Software Contracts

    Computer Sciences Corp. and a unit of defense giant Northrop Grumman Corp. have been awarded software support contracts to provide services for various U.S. Department of Defense technology and communication programs, worth up to a combined $71.4 million, the Pentagon announced Tuesday.

  • October 22, 2014

    Ex-Pa. County Commissioner Can't Lift Stay In Corruption Suit

    A Pennsylvania federal judge on Tuesday denied a former Lackawanna County Commissioner's motions to reconsider his discovery request and lift the stay on his bid to vacate his sentence for a bribery and extortion scheme, saying a granting of his requests was not warranted.

  • October 22, 2014

    Whistleblower Gets Omnicare Defense Pared In FCA Suit

    A Texas federal judge on Tuesday trimmed away one of Omnicare Inc.’s defenses in a long-running False Claims Act suit, finding that the nursing home pharmacy can’t dodge kickback allegations just because a whistleblower may have also been involved in misconduct.

  • October 22, 2014

    DOD Seeks OK For General Dynamics' $600M Iraq Ammo Deal

    The U.S. Department of Defense has asked Congress to approve a $600 million deal to allow a General Dynamics Corp. unit to provide M1A1 Abrams tank ammunition and related equipment to Iraq.

  • October 22, 2014

    Ex-Contractor To Pay $4.36M For Superfund Bid-Rigging

    A former project manager convicted of taking $1.5 million in kickbacks for rigging bids and other Superfund site subcontracting abuses was ordered to pay $4.36 million in restitution by a New Jersey federal court on Tuesday, the largest fine imposed to date for the scheme.

  • October 22, 2014

    Northrop Protests USAF Radar Contract Award To Raytheon

    Northrop Grumman Systems Corp. on Tuesday protested the award of a $19.5 million U.S. Air Force contract for the initial phase of a new, long-range radar program, after losing out on the contract to a Raytheon Co. unit earlier this month.

  • October 22, 2014

    Blackwater Guards Found Guilty In Iraq Shooting Case

    Three former Blackwater Worldwide security guards were convicted Wednesday of manslaughter, attempted manslaughter and weapons charges while a fourth colleague was found guilty of first-degree murder stemming from their involvement in a September 2007 shooting that left 14 dead in a Baghdad traffic circle.

  • October 21, 2014

    $7B Drug-Fighting Effort Fails To Slow Afghan Poppy Farming

    The Special Inspector General for Afghanistan Reconstruction reported Tuesday that U.S. counternarcotics spending has failed to dent the production of opiates in Afghanistan, with poppy production continuing to accelerate despite $7.6 billion spent to halt it.

  • October 21, 2014

    SAIC Spinoff Co. Pays $1.5M To End Long-Running FCA Case

    Leidos Holdings Inc. on Monday agreed to pay $1.5 million to settle a 10-year-old False Claims Act case over conflicts of interest in its work for the U.S. Nuclear Regulatory Commission, ending a case that contributed to its spinoff from Science Applications International Corp. in 2012.

  • October 21, 2014

    Hunter Labs Can't Dodge Contract Suit Over $6.3M FCA Share

    Hunter Laboratories LLC on Monday couldn't dodge a contract suit brought by partners in a litigation sharing deal who were allegedly denied their share of proceeds from a $241 million False Claims Act recovery, with a New Jersey federal judge ruling his court is a proper venue.

  • October 21, 2014

    Sideman & Bancroft Adds Ex-DOJ Prosecutor In Denver

    Former U.S. Department of Justice prosecutor James M. Lord has left Jackson Lewis PC after less than one year to join Sideman & Bancroft LLP in Denver as a partner in its business crimes group, where he will focus on white collar, corporate governance and False Claims Act matters, the firm said Monday.

  • October 21, 2014

    Blackwater Jury Closes In On Manslaughter Conviction

    Jurors in the long-running murder and manslaughter trial against four former Blackwater Worldwide security guards suggested to a D.C. federal judge on Tuesday that they're closing in on a verdict on some charges, including a guilty voluntary manslaughter verdict, but they may be deadlocked on other counts.

  • October 21, 2014

    Four Convicted In $158M Houston Hospital Medicare Scam

    A Texas federal jury on Monday convicted four people in connection with a $158 million Riverside General Hospital Medicare scam, in which administrators allegedly made false claims for mental health treatment in order to pay kickbacks and bribes, according to the U.S. Department of Justice.

  • October 21, 2014

    DOE Whistleblower Investigation Snared By Privilege Dispute

    The Department of Energy's inspector general has said the agency cannot adequately investigate claims of whistleblower retaliation against a Bechtel National subcontract employee who voiced safety concerns about the Hanford nuclear waste treatment plan, saying claims of attorney-client privilege limited its access to relevant documents. 

  • October 21, 2014

    KBR, Whistleblower Trade Blows Over Privileged Docs

    KBR Inc. and a whistleblower who has accused it of defrauding the Pentagon through Iraq War subcontract overbilling and a kickback scheme continued a long-running battle over production of purportedly privileged documents, lodging competing filings in D.C. federal court Monday over the requested production.

Expert Analysis

  • New Jurisdictional Issues When Moving To Quash A Subpoena

    Steven Luxton

    The Nevada federal court's recent ruling in Agincourt Gaming LLC v. Zynga Inc. is an important reminder that a nonparty wanting to challenge a civil subpoena should consider carefully the appropriate jurisdiction in which to file a motion to quash under recently enacted Rule 45, say Steven Luxton and Brad Nes of Morgan Lewis & Bockius LLP.

  • Export Controls And The Art Of Voluntary Disclosures

    Brett Johnson

    A person who dabbles in art is not likely to paint museum-worthy masterpieces. The same principle applies to drafting, submitting and addressing the long-term impact of voluntary disclosures. Companies should prepare well in advance for a possible export control violation, says Brett Johnson of Snell & Wilmer LLP.

  • A Large Loophole In The Ostensible Subcontractor Rule

    Bryan King

    As shown by recent Small Business Administration decisions, the current SBA regulations generally prevent the filing of an ostensible subcontractor size protest at the task order level, creating a situation where a large business could possibly take advantage, says Bryan King of Bass Berry & Sims PLC.

  • What Litigators Can Learn From Novelists

    Michael H. Rubin

    Many legal briefs are written in impenetrable jargon and begin with an introduction telling the court what it already knows, using words that stem from the 18th century, such as “hereinafter.” Instead, we should approach briefs the way novelists approach their writing, says Michael Rubin of McGlinchey Stafford PLLC.

  • A Look At DOD's Proposed Changes To FOIA Program

    Donald Carney

    The U.S. Department of Defense's proposed rule updating its policies and procedures implementing the Freedom of Information Act is a positive development in terms of clarifying how the DOD will apply the exemption for records that contain the trade secrets and confidential commercial or financial information of a private party, say Donald Carney and Richard Oehler of Perkins Coie LLP.

  • A Possible Disagreement Between GAO And Fed. Claims Court

    Tammy Hopkins

    The U.S. Government Accountability Office and the U.S. Court of Federal Claims agree that exchanges that permit an offeror to modify its proposal amount to discussions. But the two forums do not appear to be aligned on how to decide whether exchanges in “the context of informational infirmities in proposals” amount to discussions or clarifications, say Ken Weckstein and Tammy Hopkins of Brown Rudnick LLP.

  • Information Governance: A Missed Opportunity For Lawyers

    Ann Snyder

    Today, information intersects every practice area, making all lawyers effectively information governance practitioners in one way or another. The issue is whether you will consciously embrace this emerging discipline — and capitalize on it to the benefit of your clients and your practice, says Ann Snyder of the Information Governance Initiative.

  • 4th Circ. Sets High Court FCA Agenda For 2014-15 Term

    Ryan Hassanein

    In the last year, the U.S. Supreme Court has received no fewer than five petitions seeking review of Fourth Circuit decisions in False Claims Act cases. A review of the Fourth Circuit’s recent FCA decisions thus provides a peek inside six important FCA issues that the Supreme Court has recently thought about, say attorneys with Morrison & Foerster LLP.

  • KBR Is Turning The Tables On The DCAA

    Dave Nadler

    KBR Inc.'s suit against the government in Delaware federal court under the Federal Torts Claims Act will place judicial scrutiny on the propriety and extent of the Defense Contract Audit Agency’s role, authority and practices, which hopefully will result in more accurate audits as well as a more constructive working relationship between contractors and the DCAA, say attorneys with Dickstein Shapiro LLP.

  • A Primer On 'Bad Faith' In Federal Removal Jurisdiction

    Ugo Colella

    The Federal Courts Jurisdiction and Venue Clarification Act grants a federal district court discretion to permit removal after the one-year period if it finds a plaintiff has “acted in bad faith” to prevent removal, but it didn’t come with a clear definition of "bad faith." Recent case law offers some minimal guidance on how the exception should be interpreted, say Ugo Colella and Todd Seaman of Thompson Hine LLP.