Government Contracts

  • July 2, 2015

    Armstrong, Landis Told To Produce Some Docs In FCA Fight

    A D.C. federal judge on Wednesday ordered disgraced cyclist Lance Armstrong and his former teammate Floyd Landis, who is suing him under the False Claims Act, to produce some of the documents involved in a weekslong discovery dispute between the parties.

  • July 2, 2015

    Health Cases To Watch In The 2nd Half Of 2015

    The second half of 2015 is shaping up as a potential litigation blockbuster for health care providers, as major developments loom in cases involving the False Claims Act, the future of crucial Affordable Care Act funding and the 340B drug-discount program. Here are six cases that attorneys will be watching closely.

  • July 2, 2015

    Feds Launch FCA Suit Over $17.3M TARP Fraud

    The former president and CEO of One Financial Corp. allegedly diverted millions from a $17.3 million Troubled Asset Relief Program investment for his personal use, according to a False Claims Act suit the federal government launched against his estate in D.C. federal court Wednesday.

  • July 2, 2015

    UPS Shipping Charge FCA Suit Fails On 4th Delivery Attempt

    A California federal judge on Monday tentatively tossed for the fourth time a UPS worker’s False Claims Act suit alleging the shipping giant overcharged the federal government, saying the plaintiff hasn’t shown how he has any connection to the UPS unit that allegedly submitted the false claims.

  • July 2, 2015

    OSI Investors Seek Class Cert. Over 'Naked' TSA Scanners

    OSI Systems Inc. could be facing “thousands” of angry investors after an Arkansas retiree benefit fund asked a California federal judge on Tuesday for class certification in its lawsuit accusing OSI of failing to disclose that the company’s Transportation Security Administration scanners showed subjects naked.

  • July 2, 2015

    Blackwater Guards Want Settlement Info To Curb Restitution

    Three Blackwater Worldwide guards sentenced to lengthy prison terms for their roles in a deadly 2007 shooting in Iraq asked a D.C. federal judge Wednesday to subpoena settlement details their victims reached with their former employer in order to mitigate sought financial restitution.

  • July 2, 2015

    3M Rival Seeks Punitive Damages For 'Baseless' IP Suit

    Moldex-Metric Inc. wants punitive damages from 3M Co. for allegedly trying to monopolize military contracts for earplugs with a “baseless” patent suit, according to a filing Wednesday in a Minnesota federal court suit that accuses 3M of a pattern of edging out the competition. 

  • July 2, 2015

    Raytheon Scores $240M NASA Data System Contract

    Defense contractor Raytheon Co. has won a $240 million, five-year evolution and development contract to design and sustain software and hardware for NASA’s Earth Observing System Data and Information System, the agency said in a statement Wednesday.

  • July 2, 2015

    Enviros Move To Revoke Shell's Seattle Port Lease

    Environmental groups asked a Washington state judge Thursday to vacate the Port of Seattle’s lease approving a home port for Royal Dutch Shell PLC’s Arctic drilling fleet, saying it doesn’t meet the exemptions to bypass public hearings and an environmental review.

  • July 2, 2015

    4th Circ. Upholds $237M FCA Verdict Against SC Hospital

    A struggling not-for-profit hospital in South Carolina can’t escape a $237 million jury verdict following a Fourth Circuit ruling Thursday that a district judge was right to order a new trial on a whistleblower's False Claims Act suit alleging violations of a controversial anti-kickback statute.

  • July 2, 2015

    Ex-DOD Contractor Gets 2.5 Years, $1M Fine In Bribery Case

    A former Defense Department contractor faces two and a half years in prison and a $1 million fine after being sentenced on charges he attempted to bribe government officials to win contracts in an Ohio federal court Wednesday.

  • July 2, 2015

    NJ Bill Expanding P3 Project Eligibility Is On Christie's Desk

    A New Jersey law pending Gov. Chris Christie's signature after recently clearing the state Senate would permit certain government entities to enter into public-private partnerships for building and highway infrastructure projects, expanding a privilege now held solely by state and county colleges.

  • July 2, 2015

    Pa. Gov. Vetoes Liquor Privatization Bill

    Pennsylvania's Democratic governor on Thursday vetoed a Republican-backed bill that would have ended the state's monopoly on wine and liquor sales.

  • July 2, 2015

    The Biggest NJ Court Decisions Of 2015: Midyear Report

    The U.S. Supreme Court has already left its mark on 2015, but the New Jersey Supreme Court has issued several heavyweight opinions of its own, from allowing Gov. Chris Christie to cut more than $1 billion in pension funding to cementing potential new hurdles for discrimination and whistleblower plaintiffs. Here are seven state appellate decisions that attorneys say will have a significant impact.

  • July 2, 2015

    DOD Agency Reports On Spare Parts Need Fix, Watchdog Says

    Although the aviation branch of the U.S. Defense Logistics Agency adequately reports defective spare parts, the agency commonly fails to identify the root causes of the deficiencies in its reports, the U.S. Department of Defense Office of Inspector General said in an audit on Wednesday.

  • July 1, 2015

    5 Sentenced In Fla. For $25M Health Care Fraud Scheme

    A Florida federal judge on Tuesday sentenced five people to a collective 13.5 years in prison for their roles in a $25 million health care fraud scheme that involved recruiting individuals in Nicaragua and the Dominican Republic to enroll in Medicare and Medicaid plans.

  • July 1, 2015

    Utility Can't Avoid Suit Over Pollution Control Project

    A Texas appellate court on Wednesday gave Casey Industrial Inc. another shot at suing San Antonio power utility CPS Energy for cost overruns on a pollution control project at a CPS coal-fired power plant, saying the case was wrongly dismissed on governmental immunity grounds.

  • July 1, 2015

    Qatari Contractor Asks Fla. Court To OK $9M Arbitration Award

    A Qatari subcontractor asked a Florida court Monday to confirm a $9.4 million arbitration award against a Miami-area company that allegedly wrongfully terminated the subcontractor from a U.S. Air Force construction project in the Persian Gulf.

  • July 1, 2015

    Consultant Linked To Dallas Bribery Scheme Pleads Guilty

    A consultant accused of helping funnel money to a powerful Dallas County commissioner as part of a long-running bribery scheme to obtain government contracts on Wednesday pled guilty to a conspiracy charge.

  • July 1, 2015

    Federal Contractors Must Report Inversions Under New Rule

    The Department of Defense, NASA and the General Services Administration have finalized changes to acquisitions rules requiring contractors newly incorporated overseas to come clean to contracting officers about their domestic inversion status, part of the Obama administration’s efforts to keep federal contractors based stateside.

Expert Analysis

  • CDA Statute Of Limitations: An End To 'Beat The Clock'?

    Dave Nadler

    Post-Sikorsky, since the Contract Disputes Act statute of limitations is no longer a jurisdictional bar, parties may enter into tolling agreements to suspend the running of the statute of limitations and provide more time to negotiate the resolution of the claims, say attorneys with Dickstein Shapiro LLP.

  • 7th Circ. Rejects FCA Implied False Certification Theory

    Emily Theriault

    The Seventh Circuit’s recent ruling in U.S. v. Sanford-Brown Ltd. — a welcome decision for government contractors — runs against the tide of circuits adopting variations of the False Claims Act implied false certification theory, says Emily Theriault of Sheppard Mullin Richter & Hampton LLP.

  • A Welcome Review Of Suspension And Debarment Actions

    Richard Arnholt

    Three recently filed actions challenging exclusions of contractors and grant recipients reflect a new dynamic in the administrative exclusion process, a process that has increasingly resulted in suspension and debarment of contractors based on allegations, rather than evidence, of impropriety, says Richard Arnholt of Bass Berry & Sims PLC.

  • Inside New ITAR Rules For US Defense Service Providers

    Tamer A. Soliman

    The U.S. Department of State Directorate of Defense Trade Controls has released a proposed rule amending the International Traffic in Arms Regulations with respect to the provision of defense services by U.S. persons working for non-U.S. entities. U.S. employees of unaffiliated non-U.S. companies are disproportionately impacted by this proposed rule, but the rule does not provide a practical path to compliance for such companies, s... (continued)

  • The Top 3 New Do’s And Don’ts For Law Firm Websites

    Stephan Roussan

    In legal marketing circles, there are few topics peddled about more than “hot tips” for improving your law firm’s website. Google it. You’ll find more advice than you could ever digest. However, there are larger trends in technology, culture and user behavior that are impacting firms in very significant ways and are not being talked about nearly as much as they should be, says Stephan Roussan, founder of consulting and web developm... (continued)

  • ASBCA Opens Door To New Approach To Collective Bargaining

    Nichole Atallah

    When negotiating a collective bargaining agreement, government contractors are often restrained by their contractual obligations to the government customer. A recent Armed Services Board of Contract Appeals decision provides contractors with an additional tool to use in formulating proposals during the negotiating process, says Nichole Atallah of PilieroMazza PLLC.

  • Attorney As FCA Whistleblower Remains Treacherous Ground

    Scott Stein

    In 2013, the Second Circuit dismissed a False Claims Act case brought against a company by its former general counsel, finding that the FCA does not preempt a lawyer’s ethical obligations. A Mississippi federal court's recent decision in U.S. v. Northrup Grumman Corp. extends this holding, say Scott Stein and Emily Van Wyck of Sidley Austin LLP.

  • Hoping High Court Puts 'Veterans First' In Kingdomware

    Steven Koprince

    Monday's announcement that the U.S. Supreme Court will hear Kingdomware Technologies Inc.'s case gives renewed hope that the judicial system may yet get this one right. As a matter of policy and law, the underlying decision of the Federal Circuit is fundamentally flawed, says Steven Koprince of Koprince Law LLC.

  • Conn. Seeks To Tighten Data Privacy Requirements

    William J. Roberts

    Connecticut's comprehensive data privacy and security bill tightens data breach response requirements and imposes new obligations on state contractors and the health insurance industry. The bill is also pertinent to businesses operating in the state and those holding the personal information of Connecticut residents, says William Roberts of Shipman & Goodwin LLP.

  • Why Lateral Candidacies Fail

    Adam S. Weiss

    According to The American Lawyer, over 2,700 AmLaw 200 law firm partners switched firms last year, representing between 4 and 5 percent of all partners on the AmLaw list. But what about the thousands of other partners who tried — but failed — to switch firms? While no statistics are available on this number, I have a secret to share: Many, if not most, lateral partner candidacies fail, says Adam Weiss of the Lateral Lawyer Group.