Government Contracts

  • August 29, 2016

    Judge Suggests Nixing Trio From Navy Asbestos Row

    A Delaware federal magistrate judge recommended removing three more companies from a former U.S. Navy shipyard worker’s lawsuit alleging dozens of government contractors contributed to his asbestos exposure and resultant mesothelioma, citing on Monday no evidence of a direct link to his injuries.

  • August 29, 2016

    DOD Floats Exceptions To Small Biz Contract Requirements

    The U.S. Department of Defense on Monday floated a proposal to provide exceptions for pricing data and other contract requirements to streamline awards to small businesses or nontraditional defense contractors.

  • August 29, 2016

    NJ Panel Upends Attorney's Legal Fee Victory Over Town

    The New Jersey Appellate Division upended a victory for an attorney Monday when it ruled that the terms of his contract with a town that used his services made it unclear if the township had to cover his unpaid legal fees stemming from a municipal employee’s lawsuit.

  • August 29, 2016

    Afghan Power Plant Subcontractor Sues Boss For $8M Award

    An Afghan builder that helped construct a power plant outside Kabul sued the hiring company in D.C. federal court Friday, saying Symbion Power LLC has not paid an $8.4 million arbitral award that came down in July and is fruitlessly trying to fight it.

  • August 29, 2016

    Vet-Owned Eyewear Co. Says VA Stiffed It On Contracts

    A veteran-owned company that sells eyeglasses to the U.S. Department of Veterans Affairs has sued the federal government in the Court of Federal Claims, accusing the VA of failing to give it priority in awarding contracts for vision-related products and services.

  • August 29, 2016

    2nd Circ. Not Buying NY's Argument Over Day Care Union

    The Second Circuit on Monday rejected New York's assertion that home day care workers' ties to the Civil Service Employees Association are too "infinitesimal" to amount to true representation, but it was not clear if it would revive the workers' claim that they have a First Amendment right not to associate with organized labor.

  • August 29, 2016

    Ex-Chicago Official Gets 10 Years For Taking Bribes

    A former Chicago transportation official convicted of accepting bribes from a notorious city contractor was sentenced to 10 years in prison Monday by an Illinois federal judge who said the scheme was the latest to chip away at public trust in the city.

  • August 29, 2016

    Boeing Defends Privileged Docs In $1.2B Contract Fight

    Boeing Co. told an Alabama federal court on Friday that it doesn't have to produce unredacted versions of certain documents in a dispute with Alabama Aircraft Industries Inc. over a nearly $1.2 billion Air Force contract, arguing that the bankrupt company is trying to exploit the documents' initial, inadvertent release.

  • August 26, 2016

    Fed. Claims Won't Halt Navy Base Contract For Appeal

    The U.S. Court of Federal Claims refused to stay a U.S. Navy base services contract while a decision upholding the contract's award to Louis Berger is challenged, saying Friday the rival bidder is unlikely to win on appeal and a delay would harm the Navy.

  • August 26, 2016

    Chicago Official Latest To Pin Acquittal Bid On McDonnell

    A former city of Chicago transportation official convicted of accepting gifts and bribes from a red-light camera operator asked an Illinois federal judge to reconsider his conviction Friday, saying prosecutors didn’t meet standards set by the U.S. Supreme Court in the case of former Virginia Gov. Bob McDonnell.

  • August 26, 2016

    Health Hires: K&L Gates, Pharma Trade Org, Tucker Ellis

    K&L Gates LLP has expanded its health care group with a new partner from Baker Donelson Bearman Caldwell & Berkowitz PC, the Philadelphia Drug Exchange has appointed new general counsel and Tucker Ellis LLP has opened a St. Louis office where attorneys will focus on product liability and medical device and pharmaceutical liability, among other areas.

  • August 26, 2016

    Group Wants Out Of 'Irrational' ACA Birth Control Mandate

    Secular anti-abortion group Real Alternatives Inc., in its effort to overturn a court order and become exempt from providing health insurance covering contraception, told the Third Circuit on Thursday that the federal government has no rationale to impose the mandate on nonreligious organizations that ideologically oppose certain contraceptive items.

  • August 26, 2016

    United Can Stay In $296M Gov’t Cargo Contract, Judge Says

    A Federal Claims judge has tossed a bid protest contesting United Airlines’ inclusion in a $296 million multicompany U.S. Department of Defense shipping contract, concluding in a decision unsealed Friday that while the airline was let in late, its bid was still viable and able to be admitted. 

  • August 26, 2016

    Va. Couple Cops To $20M 'Visa-For-Sale' Indian Worker Scam

    A Virginia couple pled guilty Thursday to federal charges they operated a $20 million “visa-for-sale” scheme that established U.S. shell companies purportedly in need of Indian workers for jobs that did not exist, according to federal prosecutors.

  • August 26, 2016

    SEC Signals Approval Of MSRB, FINRA Pay-To-Play Rules

    The U.S. Securities and Exchange Commission on Thursday said it intends to approve rules proposed by the Municipal Securities Rulemaking Board and the Financial Industry Regulatory Authority prohibiting municipal advisers and broker-dealers from soliciting government business for two years after a political contribution.

  • August 26, 2016

    Fed. Circ. Upends Ammo Co.’s $16M Patent Win Against Army

    A Federal Circuit panel on Friday shot down Liberty Ammunition Inc.’s $15.6 million judgment against the U.S. Army for infringing a lead-free bullet patent, concluding that a Federal Claims judge misread the technology descriptions in conflating the company’s rounds with the ones developed by the government.

  • August 26, 2016

    Cerner Targets Real Estate In Full Court Press For $63M Award

    Cerner Corp. asked a Washington federal court Thursday to send the medical records technology firm's dispute with a Middle Eastern businessman and his real estate company back to state courts, where Cerner has litigated contract claims concerning a $63 million arbitration award.

  • August 26, 2016

    FCA Attys Clash Over Escobar Test For Implicit Compliance

    False Claims Act attorneys are deeply split over a crucial section in the U.S. Supreme Court's Escobar ruling, debating whether its test of implicit statements about regulatory compliance is mandatory and how the test should be applied.

  • August 26, 2016

    Court Misread FCA In Chopper Co. Bribery Suit, DOJ Says

    The U.S. Department of Justice filed an amicus brief with the Eleventh Circuit Thursday in a whistleblower suit accusing MD Helicopters Inc. of bribery and selling overpriced choppers that, while neutral, argued these types of allegations can incur False Claims Act liability.

  • August 25, 2016

    Voice Of America News Workers Lose $400M Wage Battle

    A U.S. Federal Claims Court judge on Wednesday threw out a $400 million proposed employment class action by Voice of America workers who alleged the federal agency that oversees the taxpayer-funded international news broadcaster misclassified them as independent contractors and denied them benefits and pay as a result.

Expert Analysis

  • Don't 'Discount' Gov't Opinion On Anti-Kickback Exception

    Robert D. Stone

    In light of arguments from the government, a Massachusetts federal court’s willingness to reverse itself in Herman v. Coloplast underscores the potential for this case to set a dangerous precedent regarding application of the discount safe harbor and statutory exception of the Anti-Kickback Statute in the future, say Robert Stone and Tamara Tenney at Alston & Bird LLP.

  • Defining Attorney-Client Relationships In The Electronic Age

    Elizabeth Fitch

    As technology has advanced, the ways in which attorneys communicate with clients, potential clients, former clients and the public has created new and ill-defined issues relating to whether an attorney-client relationship exists. Attorneys Elizabeth Fitch and Theodore Schaer discuss the often nebulous yet hazardous concepts that could lead to malpractice issues.

  • End-Of-Summer Recap For Government Contractors

    Daniel S. Koch

    It’s been a busy summer for government contractors, with a torrent of regulatory changes and even a U.S. Supreme Court decision interpreting small business regulations. There are six key developments that every government contractor should know about before charging into the fiscal year-end frenzy, says Daniel Koch of Miles & Stockbridge PC.

  • 4 Reasons Law Firm Business Development Initiatives Fail

    Adam Donovan

    By understanding four common reasons why law firm business development initiatives fail, we can more accurately define success, avoid pitfalls, and improve return on investment, says Adam Donovan, senior manager of patent business strategy at Fish & Richardson PC.

  • AMX Case Shows Contractors Can Learn From 'Forrest Gump'

    Franklin Turner

    The Civilian Board of Contract Appeals' recent opinion in AMX Veterans Specialty Services reiterated an important message — facts matter, the law matters, and sometimes the government seems to know neither. Remember what Mrs. Gump said about chocolate boxes? Same goes for litigating against the government, says Franklin Turner of McCarter & English LLP.

  • Mere 'Agreement To Agree' In Teaming Is Not Enforceable

    James Y. Boland

    The Virginia Supreme Court's recent decision in Navar v. Federal Business Council is a good reminder that the failure of contractors to exercise caution and vigilance when drafting teaming agreements can be very costly, say James Boland and Randall Miller of Venable LLP.

  • From BigLaw To Your Own Firm: 4 Tips For Legal Startups

    Russell Shinsky

    Highly successful attorneys who are thinking about leaving the safe haven of a large law firm to go out on their own face a number of issues specific to the legal profession. Russell Shinsky, chairman of Anchin Block & Anchin LLP's law firms industry group, shares four pillars of a successful startup law firm.

  • 4 Ways SBA Lenders Can Avoid FCA Traps

    Steven M. Kaufmann

    Recent False Claims Act enforcement as applied to Small Business Administration lenders presents a number of themes that can provide insight into strategies for lenders to mitigate their risk, says Steven Kaufmann of Morrison & Foerster LLP.

  • 4 Communications Fundamentals For High-Stakes Litigation

    Michael J. Gross

    The court of public opinion can mete out judgments as harsh as those rendered by a court of law, which is why communications professionals and attorneys should be working together to protect their clients’ reputation and advance their legal objectives as litigation proceeds, as well as when decisions or settlements are reached, say Michael Gross and Walter Montgomery at Finsbury.

  • Risk Management Tips For Attys Serving As Local Counsel

    Patrick S. (Sean) Ginty

    Often, the lead counsel in a case maintains sole contact with the client and makes substantive decisions, relying upon the local counsel only to serve in the requisite capacity to satisfy jurisdictional procedures. Therein lies the problem — absent appropriate precautionary measures, the local attorney faces equal malpractice exposure for the substantive, strategic decisions of the lead counsel, say Patrick (Sean) Ginty of CNA Glob... (continued)