Government Contracts

  • February 12, 2016

    BioScrip To Pay Shareholders $11M In Exjade Fallout

    A New York federal judge on Thursday preliminarily signed off on a $10.9 million agreement between BioScrip Inc. and a class of shareholders to settle claims that stock prices fell because the company failed to disclose Anti-Kickback Statute and False Claims Act violations tied to Novartis' iron-reducing drug Exjade.

  • February 11, 2016

    Fla. Pharmacies, Docs Settle Tricare Billing Row For $10M

    The U.S. Department of Justice announced Thursday it has reached a settlement agreement with two compounding pharmacies in Florida and four physicians for approximately $10 million, resolving allegations that they steered costly and often unused prescriptions for military members to the pharmacies and profited off of inflated government reimbursements.

  • February 11, 2016

    KBR Wants Iraqi Contractor's Post-Arbitration Suit Tossed

    Defense contractor KBR Inc. told a New York federal court Thursday it plans to seek dismissal of an Iraqi businessman’s lawsuit seeking damages denied by an international arbitration panel, saying the man does not have standing to bring his lawsuit because he was not a party in KBR’s subcontract with his company.

  • February 11, 2016

    6 Key Policies In Medicare's 60-Day Overpayment Rule

    Thursday's final rule on a new obligation for doctors and hospitals to return Medicare overpayments within 60 days wisely eliminated some unwieldy proposals and gave providers a clear idea of how they should keep an eye out for undeserved dollars, attorneys say. Here are six key ways the rule became more fair and workable.

  • February 11, 2016

    Obama Officials Push Reforms, Investment In Cybersecurity

    Administration officials on Thursday pushed for greater adoption of multifactor authentication and other cybersecurity reforms as part of President Barack Obama's Cybersecurity National Action Plan, which will also include greater outreach and investment in security work by U.S. tech companies.

  • February 11, 2016

    Ill. Hospice Admin. Pleads Guilty In $9.5M Medicare Fraud

    An Illinois hospice administrator on Wednesday pled guilty to taking part in a scheme to alter patient records to justify billing Medicare for expensive care that wasn't given or necessary, leading to $9.5 million in losses.

  • February 11, 2016

    Fed. Claims Court Halts $160M Embassy Contract

    The U.S. Court of Federal Claims blocked a $160 million contract to construct an American embassy in Mozambique, sustaining a competing bidder's protest and asking the U.S. Department of State to reconsider the award.

  • February 11, 2016

    House Dems Give FCC Guidelines For Lifeline Revamp

    More than 80 House Democrats expressed their support for expanding a low-income phone subsidy program to include Internet access, and outlined their ideas for how it should be done in a letter sent Thursday to Federal Communications Commission Chairman Tom Wheeler.

  • February 11, 2016

    House Backs Increased Treasury Testimony On Federal Debt

    The U.S. House of Representatives on Thursday passed legislation to require the Treasury Secretary to appear before Congress to lay out plans for dealing with the federal debt whenever the debt ceiling approaches, the latest battle in an ongoing fight over federal spending.

  • February 11, 2016

    NLRB Won’t Take On DynCorp Over Navy Union Insignia Ban

    The National Labor Relations Board recently dismissed a union complaint accusing DynCorp of illegally prohibiting U.S. Navy contractors from displaying insignia and signs, based on a recommendation finding the prohibition came from the military and wasn’t worth tackling.

  • February 11, 2016

    KBR Seeks More 3rd Circ. Review In Wrongful Death Suit

    A contractor fighting a wrongful death suit from the family of a soldier electrocuted at a Baghdad military base urged a Pennsylvania federal court Thursday to allow a third appeal before the case goes to trial, saying the contractor is allowed to challenge a ruling on which state’s liability laws apply in the dispute.

  • February 11, 2016

    Oil & Gas Co. Wants To Suspend Contract Suit, Arbitrate

    Hyperdynamics Corp. unit SCS Corp. Ltd. asked a Texas federal judge Wednesday to suspend its lawsuit accusing a Tullow Oil PLC affiliate of quitting a West African drilling contract so the parties can proceed with emergency arbitration.

  • February 11, 2016

    Nuke Site Security Commanders Not Supervisors, NLRB Says

    The National Labor Relations Board ruled Thursday that lieutenants working for a private security contractor at a U.S. Department of Energy nuclear facility in South Carolina don’t qualify as supervisors under the National Labor Relations Act.

  • February 11, 2016

    Another Inmate Call Co. Seeks DC Circ. Review Of FCC Order

    A company that provides phone service in jails has asked the D.C. Circuit to review a Federal Communications Commission order imposing rate caps and other changes on inmate calling services, joining several companies that have asked the court to consider blocking some of the new rules.

  • February 11, 2016

    Medicare Eases 60-Day Overpayment Rule

    Medicare regulators on Thursday relaxed an obligation for doctors and hospitals to return overpayments within 60 days to avoid False Claims Act liability, reducing how far they need to look back for excess reimbursement and giving ground on when the clock starts ticking.

  • February 10, 2016

    Fla. House Dems Fight Planned Parenthood Contracts Ban

    A provision in the Florida House of Representatives budget bill that would bar government agencies and counties from contracting with Planned Parenthood caused a party-line rift on the House floor Wednesday, as Democrats argued it had no place in an appropriations bill.

  • February 10, 2016

    Feds Accuse NJ Doc Of Falsely Billing For Diagnostic Tests

    A New Jersey doctor who allegedly submitted millions of dollars in false Medicare and Medicaid claims for carrying out thousands of invasive diagnostic tests — more than any other physician in the state during a five-year span — that were never actually performed was sued by the federal government on Wednesday.

  • February 10, 2016

    House OKs Bill For NSF Grants To Aid 'National Interest'

    The U.S. House of Representatives on Wednesday passed legislation directing the National Science Foundation to certify that any research grant it awards is in “the national interest,” over stringent objections of Democratic lawmakers and the White House, who say the measure is superfluous and “likely counterproductive.”

  • February 10, 2016

    Houston Mayor Scraps $60M In Airport Expansion Contracts

    Houston Mayor Sylvester Turner hit the reset button Wednesday on some $60 million worth of contracts under a massive, 10-year expansion project at the city's airport, after the city controller warned of serious irregularities in the procurement process and recommended starting over.

  • February 10, 2016

    Axed Fraud Charge Is Haunting Surgeon, 7th Circ. Told

    A cardiac surgeon caught up in the 2011 bust of a Chicago-area weight loss chain's then-owner for alleged Medicaid and private insurance fraud asked the Seventh Circuit on Wednesday to permanently remove the doctor's dismissed but still "burdensome" indictment from the record.

Expert Analysis

  • Additional Thoughts On Class Plaintiff 'Pick-Offs'

    Fred T. Isquith

    There are those who have suggested that the U.S. Supreme Court in Campbell-Ewald v. Gomez left plenty of room for a defendant to “pick off” a plaintiff. Not so, according to Eastern District of New York Judge Sandra Feuerstein's decision in Brady v. Basic Research, says Fred Isquith of Wolf Haldenstein Adler Freeman & Herz LLP.

  • Amended Rule 26’s Proportionality Standard: The First 60 Days

    Gregory Brown

    While the removal of the familiar “reasonably calculated to lead to the discovery of admissible evidence” standard suggests a departure from prior practice, the first opinions from the federal courts implementing amended Federal Rule of Civil Procedure 26(b)(1) suggest otherwise, says Gregory Brown of Kaufman Dolowich & Voluck LLP.

  • The Burgeoning Bulletin Boards Of Federal Contractors

    Jon A. Geier

    The final regulations implementing Obama's pay secrecy order became effective on Jan. 11, 2016, which means federal contractors now face new posting and notice requirements, adding to a growing body of similar obligations that have steadily accumulated over the years, say Jon Geier and Blake Bertagna of Paul Hastings LLP.

  • How Does Skadden Stay No. 1?

    Elizabeth Duffy

    Analyzing the reasons why clients choose certain firms reveals a great deal about what is important and valued in the marketplace. Based on interviews with a random sample of over 600 heads of legal in the largest U.S. organizations, Elizabeth Duffy, vice president of Acritas US Inc., identifies the core brand drivers of Skadden Arps Slate Meagher & Flom LLP.

  • Interpreting EEOC’s Equal Pay Data Statistical Tests

    Gurkan Ay, Ph.D.

    The statistical tests identified in the U.S. Equal Employment Opportunity Commission's new EEO-1 proposal are not designed to measure a true pay gap as much as they are to flag certain jobs or companies where there may be an issue for potential action. Employers’ most conservative response should be to estimate these statistics using their own data so that they are cognizant of pay gaps that may require attention, say economists at... (continued)

  • Fannie And Freddie Loans Could Be Next FCA Targets

    Andrew W. Schilling

    The risk of the government applying the False Claims Act to Fannie Mae and Freddie Mac loans is not nearly as remote as it may seem. In fact, the U.S. Department of Justice has already pursued several FCA cases involving government-sponsored enterprise loans, and the number of cases is sure to increase if the government prevails in Adams v. Aurora Loan Services awaiting decision in the Ninth Circuit, says Andrew Schilling, partner ... (continued)

  • OPINION: The Road To Partnership Must Keep Evolving

    Daniel L. Butcher

    In a recent Law360 article it was suggested that promotion to partner was a competition between associates and that taking maternity, paternity or family medical leave could impact an associate's chances at promotion. But this sort of ethos — which may have contributed to law firms’ success in the past — is not the best way to secure the industry's future, says Daniel Butcher, managing partner of Strasburger & Price LLP.

  • Disclosures In Public SEC Filings Aren’t Really 'Public' In Calif.

    Pablo Nichols

    The California Court of Appeals recently ruled in Bartlett v. Miller that disclosures made in publicly available U.S. Securities and Exchange Commission filings do not qualify as public disclosures under the California False Claims Act. The decision severely undercuts the policy goal of the CFCA’s public disclosure bar, says Pablo Nichols of Morrison & Foerster LLP.

  • Fraud Trends For 2016 In 1 Word: Technology

    Gerry Zack

    The photo of a cat that an employee emails may actually contain some of the organization's most sensitive information. Steganography — a technique for hiding something in plain sight — has become a standard practice for cybercriminals in the last year and will continue to gain momentum in 2016, says Gerry Zack of BDO USA LLP.

  • What To Expect From HHS Inspector General In 2016

    Andrew Crawford

    The U.S. Department of Health and Human Services is focusing on ways to reduce improper payments, prevent fraud and facilitate economical payment policies. Skilled nursing facilities and home health agencies should be aware of a new focus on compliance with the prospective payment system, especially relating to the documentation requirement in support of claims paid by Medicare, say attorneys with Brown Rudnick LLP.