Government Contracts

  • November 26, 2014

    DOJ Hits Nev. Hospice With FCA Suit Over Medicare Bills

    A Las Vegas hospice aggressively lured non-terminally ill patients into its care in the hopes of reaping reimbursement from Medicare and Medicaid programs in violation of the False Claims Act, state and federal prosecutors said Tuesday.

  • November 26, 2014

    E&Y's Audit Army Contract Not A Slight To IBM, Court Says

    The Court of Federal Claims said in an opinion unsealed Tuesday that Ernst & Young's receipt of a contract to help the U.S. Army make its books auditable by 2017 didn't constitute a capricious snub to incumbent IBM.

  • November 26, 2014

    Safety Group Can't Intervene In $175M FCA Suit, 5th Circ. Told

    Trinity Industries Inc. has urged a Fifth Circuit panel to not allow the Center for Auto Safety to intervene in a $175 million False Claims Act suit accusing Trinity of selling dangerous guardrails to the Federal Highway Administration, saying that the district court has already agreed to evaluate whether to unseal the documents the center is seeking.

  • November 26, 2014

    United Tech. Wins $105M Mod To Propulsion System Contract

    The U.S. Department of Defense on Tuesday announced its award of a $105 million contract modification to United Technologies Corp.'s aircraft engines subsidiary Pratt & Whitney, purchasing hardware and training for its F135 aircraft propulsion systems and bringing the total contract value to $1.2 billion.

  • November 26, 2014

    Texas City Immune From Atty Fees In Energy Contract Dispute

    A Texas appeals court on Wednesday rebuffed a plea for attorneys' fees from Wheelabrator Air Pollution Control Inc. in a contract dispute alleging that the city of San Antonio owed money to two industrial contractors, finding that the city public service board had governmental immunity.

  • November 26, 2014

    2 Years On, FCA Battles Test Caronia Ruling's Reach

    Two years after the Second Circuit’s Caronia ruling gave free speech cover to off-label drug promotion, the U.S. Department of Justice has become shrewder about bringing False Claims Act cases involving dicey marketing, and imminent rulings are poised to shape the decision’s reach, experts say.

  • November 26, 2014

    Rolls-Royce Nabs $287M Engine Maintenance Contract

    Rolls-Royce Corp. has been awarded a two-year, $287 million contract to provide engine maintenance for the V-22 aircraft fleets of the U.S. Air Force and Marine Corps, it said Tuesday.

  • November 26, 2014

    Sikorsky Scores $316M Mod To Weapons Contract

    Sikorsky Aircraft Corp. has won a $316 million modification to a U.S. Army contract calling for the company to continue providing services and parts for a weapons system used in the company’s helicopters, the U.S. Department of Defense said Tuesday.

  • November 26, 2014

    DOD Must Give Sikorsky Contract Data To Small Biz Group

    A California federal court has ordered the Pentagon to cough up never-seen subcontracting data on Sikorsky Aircraft Corp. to an organization representing small businesses, saying the information was not exempt from Freedom of Information Act disclosure because it did not expose privileged financial or business information about Sikorsky. 

  • November 26, 2014

    5 Lessons From DOJ's Blockbuster FCA Haul

    The U.S. Department of Justice’s $5.7 billion False Claims Act haul in fiscal year 2014 will further incentivize whistleblowers who share proceeds in successful suits, and the mix of companies that coughed up cash points to an expanded anti-fraud playing field, experts say. Here are five lessons from the record-smashing recoveries.

  • November 25, 2014

    GE Claims Contractor Immunity In Removing Asbestos Suit

    General Electric Co. removed to federal court an asbestos case brought by a laborer allegedly exposed to the chemical at various sites over roughly 15 years, arguing Monday that GE is immune from the suit because the allegations arise from GE's work as a federal contractor.

  • November 25, 2014

    New Defense Chief Faces Tough To-Do List

    With speculation rising over who will succeed Chuck Hagel as the next defense secretary, experts say the ultimate nominee must know the Pentagon inside and out, as well as be a skillful political operator, to tackle the threats posed by both sequestration and the terrorist group the Islamic State.

  • November 25, 2014

    NY Judge Says $18M Venable Overcharge Suit Belongs In DC

    A New York judge on Tuesday said the Empire State is the wrong forum for a defense contractor's $18 million suit that accuses Venable LLP of gross overbilling for its work on a case against the government over a deal to lease military vehicles in Afghanistan.

  • November 25, 2014

    3rd Circ. Won't Revive FCA Suit Against Siemens

    The Third Circuit on Tuesday affirmed a grant of summary judgment given to a Siemens AG subsidiary in the whistleblower suit accusing it of overcharging the U.S. Department of Veterans Affairs for medical devices, saying the district court did not abuse its discretion.

  • November 25, 2014

    Lockheed, MTA Trade Post-Trial Barbs In $300M Contract Row

    New York's Metropolitan Transportation Authority and Lockheed Martin Corp. traded their last barbs Tuesday in federal court, with the MTA saying evidence established Lockheed breached its $300 million security technology contract “beyond doubt” and Lockheed telling the court to conclude it was wrongfully terminated by the MTA.

  • November 25, 2014

    G4S Government Solutions Sells For $135M To PE Owner

    G4S Government Solutions, an arm of the security company G4S Group, on Tuesday said it's being sold to an unnamed private equity buyer for $135 million, at which point it will be renamed Centerra Group LLC and will focus on providing protective services to the federal government.

  • November 25, 2014

    Crop Insurers Sue FCIC Over $200M Rate Adjustment

    A group of crop insurers filed suit Monday in Washington, D.C., federal court against the Federal Crop Insurance Corp., accusing it of breaching their federal contracts when it switched its rate calculation method, which allegedly reduced their underwriting gain by $200 million for 2012 alone.

  • November 25, 2014

    GE Scores $329M Air Force Engine Repair Contract

    General Electric Co. nabbed a potential $329 million contract to provide holistic support to the U.S. Air Force's engine repair and overhaul programs, the U.S. Department of Defense said Monday.

  • November 25, 2014

    DOD, NASA Finalize Higher Contract Quality Rules

    The U.S. Department of Defense, NASA and the General Services Administration on Tuesday published a final rule that changes federal acquisition regulations to clarify when federal agencies should apply higher-level quality standards in government contracts and solicitations.

  • November 24, 2014

    Fla. Nursing Home Expansion To Spur Litigation Wave

    Recently passed legislation in Florida lifting a moratorium on new nursing homes and shielding investors from liability lawsuits is driving a resurgence in the market, and attorneys say they expect an uptick in real estate deals and litigation as providers compete for the limited number of slots available for new facilities.

Expert Analysis

  • Reminder: FCPA Charges Can Focus On Improper Gifts Alone

    Philip Urofsky

    The government’s tendency to mention improper gifts as mere "icing on the cake" to more serious allegations of cash bribes does not mean that prosecutors will not bring enforcement actions for gifts alone, as shown by the U.S. Securities and Exchange Commission's recent Foreign Corrupt Practices Act action against two former employees of defense contractor FLIR Systems Inc., say Philip Urofsky and Kyle Noonan of Shearman & Sterling LLP.

  • Remembering Doar: Justice As A 4-Letter Word

    Kevin J. Curnin

    John Doar ran the U.S. Justice Department's Civil Rights Division at perhaps the most chaotic and pivotal time in its history. His passing earlier this month is an occasion for lawyers everywhere to marvel at just how impactful one attorney can be. He didn’t just preside at a historic time, he calmly and coolly shaped it, says Kevin Curnin of the Association of Pro Bono Counsel.

  • Breaking Down The Top 5 Candidates To Replace Hagel

    Frederic Levy

    It’s easy to see why Michele Flournoy, Robert Work and Kathleen Hicks are viewed as leading candidates to be the next secretary of defense. At the same time, Ashton Carter’s and Jack Reed’s impressive resumes and established records of public service will earn them serious consideration by the White House, despite what some perceive as personal reluctance to throw their hats in the ring, say Frederic Levy and Alejandro Sarria of Mc... (continued)

  • A Closer Look At GAO’s 2014 Bid Protest Stats

    Derek Mullins

    The U.S. Government Accountability Office's recently published annual report to Congress is a mixed bag — protests are up, sustained protests are down, but the overall effectiveness rate, where the agency grants some type of remedy or corrective action for a protestor, remains flat, says Derek Mullins of Sheppard Mullin Richter & Hampton LLP.

  • 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.