Government Contracts

  • September 26, 2016

    Insurer Can't Recoup $2.8M Oil Spill Payment, 1st Circ. Told

    A General Dynamics unit has asked the First Circuit to affirm a lower court's ruling that Ironshore Specialty Insurance Co. can't win reimbursement for $2.8 million in cleanup costs for an oil spill from a U.S. Navy ship, contending Monday that the insurer's claims are barred under federal law.

  • September 26, 2016

    Fla. Hospice Provider, Doctors Escape Medicare Fraud Claims

    A Florida federal judge has tossed a suit accusing a hospice care provider and referring medical providers of defrauding Medicare of at least $320 million, finding a whistleblower's claims were not specific enough and failed to amount to violations of the False Claims Act.

  • September 26, 2016

    Fed. Claims Court Axes Challenge To Navy Software Contracts

    The U.S. Court of Federal Claims has tossed a company's protest challenging a U.S. Navy decision to award a rival with contracts to develop software to aid first responders in dealing with hazardous materials, finding in an order publicly released Monday that the protester had no standing.

  • September 26, 2016

    ID Card Co. Seeks To Thwart Third Quit Try By Nigeria's Attys

    A government contractor that won a $276 million arbitration award against Nigeria eight years ago over a failed project to issue computer-readable ID cards asked a D.C. federal judge Monday to toss a third request by the country’s lawyers to quit the case, saying their latest argument offers “nothing new.”

  • September 26, 2016

    DOD's Carter Urges Support For Nuclear Refresh Plan

    U.S. Department of Defense Secretary Ashton Carter reiterated Monday a call for lawmakers to back a nuclear weapons modernization plan put forward by the Obama administration, saying updated weapons would help to both deter aggression and prevent nuclear proliferation.

  • September 26, 2016

    Blue Cross Presses To Trim Michigan Tribe's ERISA Claims

    Blue Cross Blue Shield of Michigan continued to press a federal court Friday to pare down the Little River Band of Ottawa Indians’ suit alleging the insurer mismanaged the tribe’s employee benefit plan under the Employee Retirement Income Security Act, arguing it had no duty to cap health care claims at certain rates.

  • September 26, 2016

    Ambulance Co. 'Upcoding' Suit Dismissed For Lack Of Proof

    Two whistleblowers haven’t sufficiently argued that CareFlite, a Dallas-area nonprofit that provides ambulance services, systemically billed Medicare or Medicaid for more advanced services than it provided, a Texas federal judge said on Monday in dismissing the False Claims Act suit.

  • September 26, 2016

    Obama Inks Bill Supporting Native American Tourism

    President Barack Obama signed legislation on Friday that will require federal agencies to give more support to Native American tourism through existing federal programs and aid native groups working to build their own tourism infrastructure.

  • September 26, 2016

    House Passes Cybersecurity, Transit, Food Security Bills

    The House of Representatives passed bills Monday meant to tweak various parts of the country’s security apparatus, ranging from the Department of Homeland Security’s responsibilities for food and election security, to the amount of time that transit agencies can use grant money for security upgrades.

  • September 26, 2016

    Miami Int'l Exec Charged In $5M Light-Fixture Kickback Plot

    Federal and local authorities on Friday charged a director at Miami International Airport and four others with being involved in a $5 million kickback scheme in which they allegedly directed contracts for LED light fixtures at the airport to a single company in exchange for a share in the proceeds.

  • September 26, 2016

    Growing FCA Pipeline Provides Justices Plenty To Ponder

    The U.S. Supreme Court has taken an unprecedented number of False Claims Act cases in recent years, and issues posed by numerous pending petitions — as well as those bubbling up in lower courts — will likely result in that trend continuing.

  • September 26, 2016

    Dish Hit With FCA Suit Over $3.3B In Bidding Credits

    Dish Network Corp. violated the False Claims Act by hiding its ties to purported “sham” companies in order to get $3.3 billion in small-business discounts on wireless services licenses snapped up through a spectrum auction, according to a complaint unsealed in a D.C. federal court on Thursday.

  • September 26, 2016

    NJ High Court To Mull State's Subpoena Power In FCA Action

    The New Jersey Supreme Court said Friday it will review a finding that the state attorney general cannot subpoena two former employees of a pharmacy benefits company targeted in a False Claims Act suit because the deadline had passed for the state to intervene in the case.

  • September 26, 2016

    PhRMA Rips Feds For 'Regulation By Litigation' On Kickbacks

    Trade group Pharmaceutical Research and Manufacturers of America has jumped into a closely watched False Claims Act case in Massachusetts federal court by accusing the U.S. Department of Justice of unconstitutionally using “regulation by litigation” to shape anti-kickback policies.

  • September 26, 2016

    11th Circ. Doesn't Buy Air Force Was Bilked In Radar Row

    The U.S. Air Force knew what it was doing when it had a contractor repair aged radar equipment instead of spending millions more for replacement gear from the original supplier, a divided Eleventh Circuit ruled Friday, keeping nixed a lawsuit by the manufacturer against the repairer.

  • September 26, 2016

    Rainmaker Q&A: Dowd Bennett's James Martin

    It’s important to have the right people with you to make a pitch. Too many lawyers try to present themselves as a jack of all trades. Instead, create teams to offer a panel of strengths to the client, says James Martin, a partner at Dowd Bennett LLP.

  • September 23, 2016

    Reps. Question NPS Response To Sex Harassment Claims

    Federal lawmakers questioned National Park Service officials during a hearing on Thursday about what the agency is doing in response to numerous allegations of sexual harassment and hostile workplaces in several national parks.

  • September 23, 2016

    Justices Asked To Nix FCA 'Vagueness' Exemption

    A former employee of a water pump company has urged the U.S. Supreme Court to overturn a D.C. Circuit opinion that allowed the company to skirt False Claims Act penalties under the theory its conduct was justified by a lack of guidance on the part of the government.

  • September 23, 2016

    Insurers, Providers Trade Harsh Words On ACA Steering

    Federal regulators are hearing wildly divergent perspectives on improper steering of patients toward and away from Affordable Care Act plans, as insurers allege kickback-style financial assistance and health care providers allege discriminatory practices aimed at low-income Americans, newly released letters show.

  • September 23, 2016

    Pharmacy Head Seeks To End Long-Running Kickback Suit

    The president of a Chicago pharmacy asked an Illinois federal judge on Thursday to dismiss the remaining False Claims Act charges brought by a former employee in a long-running suit claiming the pharmacy forgave copays while still seeking maximum reimbursements from Medicare and Medicaid.

Expert Analysis

  • The Perils Of Parallel FCA Proceedings

    Tony Maida

    Parallel criminal and civil proceedings in False Claims Act cases raise important and troublesome issues for the defense, including protecting the defendant’s Fifth Amendment rights while mounting a robust defense in the civil case. But, as shown in recent decisions from the Eastern District of Kentucky and Southern District of New York, parallel proceedings may also prove challenging to the U.S. Department of Justice, say Tony Mai... (continued)

  • When Ambiguous Regs Preclude FCA Liability

    Taylor Chenery

    The Eighth Circuit’s opinion in U.S. v. Anesthesia Associates is the most recent in a line of cases suggesting that a provider faced with a potentially ambiguous regulation or statute can protect itself from potential False Claims Act liability by taking steps to ensure that its interpretation of the ambiguous provision is reasonable under the circumstances, says Taylor Chenery of Bass Berry & Sims PLC.

  • GAO Extends Reach Of OCI Protest Timeliness Rules

    Aron C. Beezley

    A Squared Joint Venture appears to be the first published decision in which the U.S. Government Accountability Office found a protester’s post-award organizational conflict of interest allegation to be untimely where the protester failed to raise the allegation via a pre-award bid protest, and where the protester’s OCI allegation involved the protester’s — rather than a competitor’s — eligibility to participate in the competition, ... (continued)

  • Overhauling Law Firm Records Departments For A New Reality

    Raymond Fashola

    As automation increases, so do business challenges that impact overall law firm operations. Records departments are facing roadblocks associated with antiquated processes, ever-changing regulatory requirements, and emerging technologies. As a result, firms are reassessing the needs of their records department staffing models, says Raymond Fashola of HBR Consulting.

  • Courts Are Taking Materiality Seriously Post-Escobar

    Bradley D. Wine

    Three months after the U.S. Supreme Court's Escobar decision, we can see some trends emerging in False Claims Act decisions that may give contractors a ray of hope, say Bradley Wine and Daniel Chudd of Morrison & Foerster LLP.

  • Negligence-Based Theories And A Cautionary Tale For GCs

    Joshua M. Newville

    The U.S. Securities and Exchange Commission's recent complaint against RPM International and its general counsel for failure to disclose litigation loss contingencies is a reminder that the SEC continues to pursue contested matters under anti-fraud provisions that only require a showing of negligence — a lower burden than that of scienter-based charges, say Joshua Newville and Russell Kostelak of Proskauer Rose LLP.

  • Counting FCA Penalties: It's All In The Claims

    Adam P. Feinberg

    Last month, the civil penalty range under the False Claims Act nearly doubled. Much of the conversation surrounding this development has focused on the excessive fines clause of the Eighth Amendment and the due process clause. However, it has also placed a renewed focus on the proper method for counting the number of FCA penalties, arguably an even more important issue, say attorneys at Miller & Chevalier Chartered.

  • From Fapiao To Gestores: FCPA Risks In China, Latin America

    Saskia Zandieh

    A review of Foreign Corrupt Practices Act matters and corruption scandals involving China and Latin America reveals specific risks areas companies should address when tailoring their compliance programs, say Saskia Zandieh and Alice Hsieh of Miller & Chevalier Chtd.

  • 3 Steps To Successful Judgment Enforcement

    Craig Weiner

    Judgment enforcement is typically governed by the law of the state where collection is sought, which frequently means collection efforts are controlled by an arcane body of law replete with debtor-friendly roadblocks. Fortunately, there are a number of actions a judgment creditor can take to secure satisfaction of a claim, say Craig Weiner and Michael Kolcun of Robins Kaplan LLP.

  • Regulatory Risks In Aerospace & Defense, Gov't Services M&A

    Excerpt from Lexis Practice Advisor
    Jerry Howe

    There is plenty of room for miscalculation and misfortune in mergers and acquisitions in the aerospace, defense and government services space. M&A between strategic buyers in the industry pose particular challenges for post-closing integration, says Jerry Howe of Fried Frank Harris Shriver & Jacobson LLP.