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Government Contracts
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March 13, 2024
GAO Backs $12.3M DISA Support Deal Despite Lower Quote
The U.S. Government Accountability Office has denied a business consultant company's protest of a $12.3 million Defense Information Systems Agency task order, backing the agency's decision not to choose the company despite its lower price quotation and same ratings as the awardee.
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March 13, 2024
Hospital Manager Cements $3.5M Gabon Arbitration Award
The Gabonese Republic must pay a $3.5 million arbitration award obtained by an Austrian healthcare management company, a D.C. federal judge ruled after the central African nation failed to appear in court.
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March 13, 2024
CoreCivic Beats Asylum-Seeker's Miscarriage Liability Suit
A California federal judge handed CoreCivic Inc. a win Tuesday in a negligence lawsuit filed by an El Salvadorian asylum-seeker who alleged she miscarried while detained at the prison giant's immigration detention center near the U.S.-Mexico border, finding there to be no triable factual dispute over whether she miscarried in custody.
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March 13, 2024
Hospital Operator Defends Releases In Ch. 11 Plan
California-based hospital operator Alecto Healthcare Services LLC asked a Delaware bankruptcy judge Wednesday to approve its small business Chapter 11 reorganization, saying it is not leaving money on the table by releasing potential clawback claims.
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March 13, 2024
Claims Court Lets $282M USPS Telematics Deal Protest Stand
A Federal Claims Court judge has refused to toss a fleet-tracking technology company's protest of a $281.8 million U.S. Postal Service deal for a vehicle telematics system, rejecting USPS' contention the company couldn't sue without first exhausting agency-level remedies.
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March 12, 2024
Lima Loses Bid To Duck $140M Arb. Awards In Highway Row
A D.C. federal judge on Tuesday refused to overturn $140 million in arbitral awards against the city of Lima, Peru, stemming from its dispute with a highway contractor, ruling that the contractor won those two awards "fair and square."
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March 12, 2024
Contractor Seeks Arbitration In $3M Guam Military Base Fight
An electrical contractor has petitioned a Guam federal court to order a California-Japanese joint venture that had hired it for a project to improve U.S. military facilities to arbitrate their dispute related to nearly $3 million in allegedly unpaid costs.
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March 12, 2024
Suncor Deal With Colo. Over Air Monitoring Gets Judge's OK
A Colorado state judge has approved a settlement agreement between Suncor and state air regulators over air quality monitoring around the oil and gas company's refinery near Denver.
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March 12, 2024
FEMA Claims Process Leaves NM Fire Victims Lost, Suit Says
Five New Mexico residents are suing the Federal Emergency Management Agency over its response to a massive 2022 fire, alleging it has created delay, confusion and ambiguity in the claims process for the fire's victims.
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March 12, 2024
2nd Circ. Revives Parts Of McKesson Whistleblower Suit
The Second Circuit on Tuesday revived parts of a lawsuit brought by a McKesson Corp. whistleblower who accuses the pharmaceutical company of a kickback scheme, finding that the lower court should reconsider the claims that were brought under state anti-kickback laws.
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March 12, 2024
Feds Cement Plea Deals In Ready-Mix Bid Rig Case
A Georgia concrete company and an executive accused of participating in a price-fixing and bid-rigging scheme have reached plea agreements with the federal government, according to notices filed Tuesday.
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March 12, 2024
TransUnion Unit Pays $37M On Credit Card Data Misuse Claim
TransUnion's data unit Argus Information & Advisory Services will pay $37 million to the federal government to resolve allegations it violated the False Claims Act by allegedly misusing anonymized credit card data it obtained from banks under contracts with federal regulators over a decade-long period, the U.S. Department of Justice announced Tuesday.
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March 12, 2024
Contractor Says Claims Over Nixed $18M Army Corps Deal Valid
An Army Corps of Engineers construction contractor told a Court of Federal Claims judge it had properly supported its arguments that the Corps waived a contract deadline before terminating an $18.1 million contract for default, and that the company had been entitled to a time extension.
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March 12, 2024
Court Bars Ex-Exec From Sharing Info On Co.'s Body Armor
A North Carolina federal court granted a defense contractor's request to stop a former sales executive from sharing confidential information and export-controlled data with a foreign rival, while the court reviews the contractor's allegations.
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March 12, 2024
Pharmacy Calls $11M False Claims Case A 'House Of Cards'
A compounding pharmacy and its president trashed the Connecticut attorney general's $11 million false claims and kickback allegations against them as a "house of cards" that awarded "a sweetheart cooperation deal" to an alleged co-conspirator and improperly benefited private attorneys, calling instead for a judgment against the state.
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March 12, 2024
Ex-Judge Loses Suit Over 'Tsunami Of Public Ridicule'
An appellate court has refused to revive a former New York state trial court judge's suit accusing a Democratic county committee and several related officials of releasing a "tsunami of public ridicule" against her, saying her breach of contract claims lacked legal standing and her defamation claim was untimely.
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March 12, 2024
No Jail Time For Brothers In NYC Mayor Straw Donor Case
Two brothers at the helm of a Queens construction safety company won't serve any prison time for their roles in a straw donor scheme that inflated public funding for New York City Mayor Eric Adams' 2021 campaign, a judge ruled Tuesday.
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March 11, 2024
Gov't Says Cost Trumps Return In Dish Spectrum Fraud Case
The U.S. Department of Justice asked a federal judge to dismiss a suit accusing Dish Network of trying to buy discounted spectrum through sham companies, saying the plaintiff hasn't shown that Dish hid its interest in the buyers and the companies never received Federal Communications Commission bidding credits anyway.
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March 11, 2024
DOD's $850B Budget Request For 2025 Prioritizes Readiness
The White House on Monday proposed an $849.8 billion discretionary budget for the U.S. Department of Defense for fiscal year 2025, focusing heavily on supporting readiness programs over other priorities.
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March 11, 2024
Navajo Says Funding Bid Backed By Self-Determination Act
The Navajo Nation urged a D.C. federal judge to grant it a quick win in its challenge to allegedly inadequate judicial funding, saying the federal government's arguments for why it shouldn't recoup a $15 million interest shortfall can't survive scrutiny under the Indian Self-Determination and Education Assistance Act.
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March 11, 2024
Feds Pitch Draft Plan For Contested Bears Ears Monument
The Bureau of Land Management and the U.S. Forest Service are asking for public input on a draft resource management plan for the Bears Ears National Monument, prepared with input from partners including five tribal nations.
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March 11, 2024
Pfizer Slams Ex-Compliance Officer's Whistleblower Claims
Pfizer has asked a California federal court to again dismiss the bulk of a discrimination and retaliation lawsuit filed by a former compliance officer for the pharmaceutical giant, arguing his latest suit is "largely a regurgitation of his original complaint."
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March 11, 2024
Atlanta Must Pay EPA $485K Fine Over Trail Construction
The city of Atlanta will be forced to pay a $485,000 fine to the U.S. Environmental Protection Agency over its unauthorized construction of a public trail along a protected creek after a Georgia federal judge ruled Monday that the project had violated the terms of a decades-old consent decree.
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March 11, 2024
DC Circ. Probes Gov't Trial Strategy For Ex-HUD Official
A former assistant inspector general for the U.S. Department of Housing and Urban Development who is urging the D.C. Circuit to toss his conviction for falsifying government documents seemed to get a sympathetic ear from at least one judge during oral arguments on Monday.
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March 11, 2024
10th Circ. Says Colo. Logging Plan Didn't Overlook Lynx
A Tenth Circuit panel on Monday said a conservation group's claim that federal agencies failed to properly consider the impact of a Colorado forest logging plan on sensitive Canada lynx populations "misses the mark," according to a published opinion rejecting the group's challenge.
Expert Analysis
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Steps To Success For Senior Associates
Excerpt from Practical Guidance
Adriana Paris at Rissman Barrett discusses the increased responsibilities and opportunities that becoming a senior associate brings and what attorneys in this role should prioritize to flourish in this stressful but rewarding next level in their careers.
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Legal Profession Must Do More For Lawyers With Disabilities
At the start of Disability Pride month, Rosalyn Richter at Arnold & Porter looks at why lawyers with disabilities are significantly underrepresented in private practice, asserting that law firms and other employers must do more to conquer the implicit bias that deters attorneys from seeking accommodations.
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Opinion
Appellate Funding Disclosure: No Mandate Is Right Choice
The Advisory Committee on Appellate Rules' recent decision, forgoing a mandatory disclosure rule for litigation funding in federal appeals, is prudent, as third-party funding is only involved in a minuscule number of federal cases, and courts have ample authority to obtain funding information if necessary, says Stewart Ackerly at Statera Capital.
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Case Law Is Mixed On D&O Coverage For Gov't Investigations
As the Fourth Circuit’s recent decision in Brown Goldstein v. Federal Insurance Co. demonstrates, federal appeals courts take different approaches to determine whether government investigations are covered by directors and officers liability insurance, so companies and individuals must review their policy language, say Chloe Law, Jan Larson and Caroline Meneau at Jenner & Block.
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Justices' Corruption Ruling May Shift DOJ Bank Fraud Tactics
After the U.S. Supreme Court’s decision last month in Ciminelli v. U.S., curtailing a government theory of wire fraud liability, prosecutors may need to reconsider their approach to the bank fraud statute, particularly when it comes to foreign bank enforcement, says Brian Kearney at Ballard Spahr.
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SuperValu's Lesson: Always Be Building An FCA Defense
The recent U.S. v. SuperValu decision confirming that scienter is an essential element of False Claims Act liability should motivate government contractors to prepare for allegations of material misrepresentation by building a record of their honorable efforts toward regulatory compliance, say David Resnicoff and Andrew Patton at Riley Safer.
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How Attys Can Avoid Exposing Their Firms To Cyberattacks
Attorneys are the weakest link in their firms' cyberdefenses because hackers often exploit the gap between individuals’ work and personal cybersecurity habits, but there are some steps lawyers can take to reduce the risks they create for their employers, say Mark Hurley and Carmine Cicalese at Digital Privacy & Protection.
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Virginia 'Rocket Docket' Slowdown Is Likely A Blip
After being the fastest or second-fastest federal civil trial court for 14 straight years, the Eastern District of Virginia has slid to 18th place, but the rocket docket’s statistical tumble doesn't mean the district no longer maintains a speedy civil docket, says Robert Tata at Hunton.
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NEPA Reforms May Aid Project Speed, But Red Tape Remains
The Fiscal Responsibility Act of 2023 included amendments to the National Environmental Policy Act that are designed to streamline the federal environmental review process for infrastructure projects, but coordination with agencies and early stakeholder engagement are still likelier to lead to successful outcomes than time and page limits, say Jena Maclean and Stephanie Regenold at Perkins Coie.
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4th Circ. Ruling Outlines Defense Against Retaliation Claims
The Fourth Circuit's surprising decision in Johnson v. Global Language Center eschewed the low standard typically applied to demonstrating protected activities under Title VII and could affect internal complaint processes and the retaliation defenses available to employers, say Tory Summey and Zack Anstett at Parker Poe.
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An Overview Of OFCCP's Religious-Exemption Reset
The recent rescission of a Trump-era rule that gave government contractors broader latitude under federal anti-discrimination rules doesn't prohibit employment decisions based on religious faith, but clarifies the factors a company must consider when seeking a religious exemption, say Zev Grumet-Morris and Christopher Durham at Duane Morris.
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High Court Underscores DOJ's Role In Policing FCA Litigation
The U.S. Supreme Court's decision in Polansky v. Executive Health Resources reaffirms that the government has final say in False Claims Act cases, allowing for meaningful guardrails that deter private litigators from seeking to regulate industries that Congress has delegated to expert administrative agencies, say attorneys at Ropes & Gray.
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5 Management Tips To Keep Law Firm Merger Talks Moving
Many law firm mergers that make solid business sense still fall apart due to the costs and frustrations of inefficient negotiations, but firm managers can increase the chance of success by effectively planning and executing merger discussions, say Lisa Smith and Kristin Stark at Fairfax Associates.
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What NIH's New Grant Guidance Means For Awardees
New guidance from the National Institutes of Health tightens grant requirements for international subawards, necessarily increasing accountability of foreign subrecipients and increasing the importance of prime awardees' efforts to plan carefully and educate key personnel, say attorneys at Ropes & Gray.
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Broader Implications Of High Court's Identity Theft Law Ruling
The U.S. Supreme Court’s recent decision in Dubin v. U.S., vacating a medical services biller’s aggravated identity theft conviction, endorses a restrained interpretive approach for practitioners dealing with ambiguous criminal statutes, and serves as a warning to prosecutors, say Gabrielle Friedman and Zachary Shemtob at Lankler Siffert.