Government Contracts

  • April 27, 2015

    Humana Can't Shake FCA Suit Over Medicare Advantage Billing

    A Florida federal judge on Monday affirmed a magistrate judge’s recommendation to let a False Claims Act whistleblower's suit proceed, even though the allegations that Humana Inc. defrauded Medicare Advantage by exaggerating patient illnesses lacked specific examples of bogus billing.

  • April 27, 2015

    Lockheed Martin Announces $80M Award For C-130 Training

    Lockheed Martin Corp. has secured more than $80 million in U.S. Air Force contracts for aircrew and maintenance training for the C-130J transport aircraft, the defense contracting giant said on Monday.

  • April 27, 2015

    Daimler Execs, Greek Officials Charged After Bribery Probe

    Greek officials on Monday hit seven people with bribery-related charges over €2 million ($2.18 million) in alleged kickbacks paid by German carmaker Daimler AG to secure Greek military vehicle contracts, according to local media reports.

  • April 27, 2015

    Justices Won't Hear Appeal Over Ambulance Corps Immunity

    The U.S. Supreme Court turned aside a volunteer EMT worker’s case Monday appealing lower court rulings that prevented her from suing a private, nonprofit ambulance organization for civil rights violations because the organization was not a state actor.

  • April 27, 2015

    Pentagon IG Slams Pratt & Whitney's F-35 Engine Performance

    The Department of Defense Inspector General found 61 nonconformities in the planning, procurement and manufacture of the engines for the F-35 Lightning II Joint Strike Fighter made by United Technologies Corp. unit Pratt & Whitney, according to a Monday report.

  • April 27, 2015

    NJ High Court To Tackle Affidavits Of Merit Row

    The New Jersey Supreme Court said Monday it will hear a dispute over whether a professional malpractice complaint warrants dismissal because it violated a state regulation by including an affidavit from someone who isn't licensed in the same field as the defendant. 

  • April 27, 2015

    Huntington Ingalls Unit Pays Up To End Sex Bias Suit

    A subsidiary of Huntington Ingalls Industries Inc. signed a pact with the Equal Employment Opportunity Commission Monday to end a suit accusing the nuclear power plant builder of firing a female employee after she complained of gender discrimination.

  • April 27, 2015

    No Sanctions For DQ'd Atty In Medical Supplies Co. FCA Suit

    A Florida federal judge declined to sanction a disqualified attorney for whistleblowers in a False Claims Act case against Med-Care Diabetic & Medical Supplies Inc. on Monday, despite removing him last month for conflict of interest issues, the attorney's counsel said.

  • April 27, 2015

    Blackwater Guard Calls For New Trial After Life Sentence

    A former Blackwater Worldwide guard given life in prison for his role in a deadly Iraq shooting urged a Washington, D.C., federal court Monday for a new trial, saying new evidence showed he hadn’t carried out the shooting for which he was convicted.

  • April 27, 2015

    La. Overpaid By $17M In Tobacco Settlement, State AG Says

    The state of Louisiana last week received about $17 million more in tobacco settlement funds than it was expecting, due to an apparent accounting mistake by PricewaterhouseCoopers LLP, according to Louisiana State Attorney General Buddy Caldwell.

  • April 27, 2015

    Ga. Hospital Inks $20M FCA Deal Over Inpatient Care

    The second-largest hospital in Georgia will pay $20 million to resolve False Claims Act allegations it defrauded Medicare by billing for inpatient treatments that should have been delivered in less expensive settings, the U.S. Department of Justice said Monday.

  • April 27, 2015

    Honeywell Says Feds Wrongly Trying To Expand FCA Claims

    Honeywell International Inc. told a Washington, D.C., federal judge Friday that the U.S. government is attempting to bolster a new legal argument through discovery nearly seven years into a False Claims Act suit over allegedly defective body armor.

  • April 27, 2015

    City’s Policy Doesn’t Cover $11M Stadium Row, Insurer Says

    OneBeacon America Insurance Co. restated its claim to an Illinois federal judge Friday it had no responsibility to cover Zion, Illinois, and city officials in a $10.7 million stadium construction fraud lawsuit, saying that wasn’t part of the policy.

  • April 27, 2015

    NJ Dem Wants New Trial After Racketeering, Fraud Conviction

    New Jersey Democratic Party boss Joseph A. Ferriero wants either an acquittal or new trial on charges he abused his political position to profit from government contracts, according to a Friday filing in New Jersey federal court.

  • April 24, 2015

    9 Contractors Should Be Tossed From Asbestos Suit: Judge

    A Delaware federal magistrate on Friday recommended that nine defendants be dismissed from a former U.S. Navy shipyard worker's suit accusing dozens of government contractors of helping expose him to asbestos because their products couldn’t be linked to the worker’s mesothelioma. 

  • April 24, 2015

    L-3 Says Army Signed Off On Allegedly Overbilled Hours In FCA Suit

    A unit of L-3 Communications Holdings Inc. asked a Texas federal judge to shoot down a False Claims Act suit alleging the company overbilled the U.S. Army for helicopter maintenance in Iraq and Afghanistan, arguing Thursday that personnel and billable-hour decisions were entirely in the Army's hands.

  • April 24, 2015

    Fed. Circ. Backs SUFI's Fees Win In Air Force Phone Row

    The U.S. Air Force must pay attorneys' fees to a former telephone contractor who had won a $112 million judgment after the military reneged on an exclusivity promise, the Federal Circuit affirmed Friday, saying the government appealed under the wrong law.

  • April 24, 2015

    Medical Supplier Wants DQ'd Atty Sanctioned In FCA Suit

    A medical supply company accused of overbilling Medicaid in a False Claims Act suit asked a Florida federal judge Friday to sanction a disqualified former attorney for the relators, saying he had acted in bad faith and unnecessarily prolonged the litigation.

  • April 24, 2015

    High Court Urged To Hear Suit Over Student Loan Servicing

    A California attorney defending himself in a battle over $35,000 in student loans is urging the Supreme Court to take up the case, saying the loan service providers’ “dirty little secret” of inflating debt must be exposed.

  • April 24, 2015

    HP Snags $469M Internet Content Delivery Contract From DOD

    Hewlett-Packard Co. has won a contract worth up to $469 million to provide global content delivery services to the Department of Defense, the government said Friday.

Expert Analysis

  • Dramatic Shifts Underway In Suspension, Debarment Practice

    David Robbins

    After years of self-flagellation, listening tours and open meetings inviting criticism of my former colleagues in the government suspension and debarment community, this year's Interagency Suspension and Debarment Committee 873 report declared victory and announced a future of more aggressive policymaking and involvement in the procurement and grant-making processes, says David Robbins of Shulman Rogers Gandal Pordy & Ecker PA.

  • Caveat Contractor: GSA's Proposed Transactional Data Rule

    Brian Miller

    What could possibly induce contractors to volunteer to take on onerous and dangerous transactional reporting requirements? Getting rid of the dreaded Price Reductions Clause, of course. The U.S. General Services Administration is proposing a Faustian bargain for contractors in the proposed transactional data reporting pilot program, says Brian Miller, a managing director at Navigant Consulting Inc. and former inspector general for the GSA.

  • 11th Circ. Exclusive Dealing Decision Is Big Win For FTC

    Bruce Sokler

    Because McWane Inc. v. Federal Trade Commission involved appellate review of an FTC ruling — where deference to the agency on certain findings played an important part — the Eleventh Circuit’s recent decision upholding the FTC’s ruling that McWane enforced an illegal exclusive dealing policy provides important guideposts, say attorneys with Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • How NDAA Design-Build Bidding Reform Helps Contractors

    Chad Caplan

    Design-build bidding reform in the National Defense Authorization Act for 2015 will likely be celebrated by smaller firms for lowering barriers to entry and allowing initial participation in an increased number of requests for proposals. Larger contractors should be wary of an increase in competition and a “bidder cap” that could prevent participation in circumstances where more than five qualified contractors exist, says Chad Capl... (continued)

  • 2015 Begins With A Drop In FCPA Enforcement Activity

    Marc Bohn

    The pace of enforcement under the U.S. Foreign Corrupt Practices Act has slowed considerably in 2015, with just three resolved enforcement actions during the year’s first quarter — all brought by the U.S. Securities and Exchange Commission — which represents the lowest level of enforcement to begin a year since 2006, say Marc Bohn and Austen Walsh of Miller & Chevalier Chtd.

  • Contractor Employee Confidentiality Policies In The Spotlight

    Dave Nadler

    The government has recently stepped up its efforts to preclude government contractors from using overly restrictive confidentiality and nondisparagement clauses in employment contracts that might discourage employees from reporting waste, fraud and abuse, say attorneys with Dickstein Shapiro LLP.

  • 1st Circ. Takes Broad View Of 'False' Under FCA

    Sarah Kelly

    Critics will argue that the First Circuit is allowing the government and relators to use the False Claims Act as a vehicle to enforce increasingly minor regulations with harsh penalties. The court's approach, however, relies on the plain language of the FCA without the technical baggage that comes with the tests articulated by other U.S. appellate courts, say Sarah Kelly and Katy Meszaros of Nutter McClennen & Fish LLP.

  • 2 Routes To Hourly Rates For Lawyers

    Gerald G. Knapton

    If we were developing a system to determine legal fees from a clean slate, we would price our professional services according to quality, efficiency and results — tasks and team would be agreed upon. Instead, we have an hourly system that discourages tight management, can lead to padded bills and includes time for work that may not have been necessary, says Gerald Knapton of Ropers Majeski Kohn & Bentley PC.

  • 6th Circ. UTC Ruling Provides Support For FCA Defendants

    Tirzah Lollar

    The Sixth Circuit's recent decision in U.S. v. United Technologies Corp. and similar cases provide ammunition for contesting the government’s increasingly aggressive damages theories in False Claims Act cases, say attorneys with Vinson & Elkins LLP.

  • Using The New York FCA To Combat Offshore Tax Evasion

    Adam Pollock

    For every sophisticated and illegal tax shelter, there is someone, in addition to the tax dodger, who knows about the scheme. Under the New York False Claims Act, those in the know — accountants, bankers, information technology staff, colleagues, competitors — can do the right thing, step forward and blow the whistle, say Adam Pollock and Teige Carroll of the Office of the Attorney General of the State of New York.