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Government Contracts
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May 03, 2024
Greenberg Traurig No Longer Repping Guatemala In $32M Suit
Guatemala's newly elected government has decided not to have Greenberg Traurig as its counsel in its fight against a construction and engineering firm's bid to enforce $31 million in arbitral awards, according to a Friday filing in a D.C. federal court.
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May 03, 2024
Biden's AI Guidance For Gov't May Need More Risk Controls
The Biden administration's latest guidance for federal agencies' purchases of generative artificial intelligence technologies doesn't fully account for risks such as systems failing to work as intended, and could therefore fail to deter agencies from ill-advised investments, according to experts.
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May 03, 2024
Panama Builder Seeks TRO In Del. After Port Case Remand
Victims of an alleged "brazen and intricate" international scheme to steal an entire $1.4 billion Panama Canal port project by way of sham Delaware companies and claims urged a Delaware vice chancellor on Friday to convene a temporary restraining order hearing next week to sidetrack the effort.
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May 03, 2024
Florida Court Revives County's Suit Over Fairgrounds Deal
A Florida appeals court on Friday revived Hernando County's lawsuit against a local county fair association over a broken contract to redevelop a county fairgrounds property, ruling that it is not clear the lawsuit is time-barred.
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May 03, 2024
Judge Says Lender Can't Escape CFPB's Loan Data Suit
A Florida federal judge has refused to dismiss the Consumer Financial Protection Bureau's suit accusing mortgage servicer and lender Freedom Mortgage Corp. of violating federal law by submitting inaccurate government mortgage loan data.
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May 03, 2024
Conn. Dentists Settle Govt's Illegal Patient Recruiting Suit
Two Connecticut dental practices and their co-owners have settled a federal false claims lawsuit accusing them of making illegal payments to a patient recruiter to generate business through Medicaid, agreeing to fork over about $187,000 over five years, plus 4% interest.
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May 03, 2024
Judge In Trump's Georgia Case Raises $320K For Election Bid
In his bid for election to his first full term on the bench, the judge overseeing former President Donald Trump's Georgia election interference case is enjoying support from a broad swath of the Atlanta legal community, raising over $127,000 in the last three months.
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May 02, 2024
Boeing Supplier Sues Texas AG To Block Safety Investigation
The subsidiary of a company that produces fuselages for Boeing's 737 jets sued on Wednesday to block the Texas attorney general's investigation into apparent manufacturing issues that have caused recent midair emergencies, saying the probe is unconstitutional and violates the company's right to be free from unreasonable searches.
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May 02, 2024
7th Circ. Mostly Backs Ill. Home Health Kickbacks Judgment
The Seventh Circuit on Thursday largely left intact an Illinois federal judge's $6 million ruling that a home health care company broke federal kickback laws, refusing to reverse the lower court's liability finding but directing it to ensure its damages award was calculated correctly.
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May 02, 2024
Hahn Air To Pay Feds $26.8M To End FCA Travel Fees Suit
Hahn Air Lines agreed to pay $26.8 million to resolve a whistleblower's allegations that the German airline-ticketing company violated the False Claims Act by intentionally failing to remit to the U.S. government certain travel fees the company collected from U.S. commercial airline passengers.
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May 02, 2024
Gov't Proposes Buy Ban Rule For Certain Semiconductors
The Federal Acquisition Regulatory Council said Thursday it is planning to implement a ban on federal purchases of semiconductor products from U.S. adversaries, asking for feedback from contractors on how prescriptive the pending rule should be.
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May 02, 2024
Sysco Unit To Provide Back Pay To End DOL Hiring Bias Probe
A subsidiary of restaurant food distributor Sysco Corp. will pay over $133,000 in back pay to resolve the U.S. Department of Labor's allegations that it discriminated against women by failing to hire qualified female applicants to fill open warehouse positions in Palmetto, Florida, the agency said Thursday.
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May 02, 2024
Email Exchanges Doom Honeywell Bid To Nix $20M GSA Claim
A contract appeals board wouldn't free Honeywell International Inc. from the General Services Administration's efforts to recoup an alleged $20 million overpayment on an energy deal, finding it unclear whether a 2021 agreement related to the contract barred the claim.
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May 02, 2024
Abu Ghraib Contractor Torture Liability Case Ends In Mistrial
A Virginia federal judge on Thursday declared a mistrial in a suit accusing military contractor CACI International of aiding and abetting torture at the Abu Ghraib military prison in Iraq, after the jury deadlocked following extensive deliberations.
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May 02, 2024
Pharma. Co. Wants Ex-Director To Stop Poaching Customers
A pharmaceutical company has doubled down on its bid to stop a former director from soliciting customers for a rival drugmaker, saying he's trying to twist words in his contract and make up excuses for allegedly stealing trade secrets following his termination.
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May 02, 2024
Cisco Counterfeiting Scheme Earns Fla. Man 6½ Years
A Florida resident was sentenced to 6½ years in prison after pleading guilty to running what New Jersey federal prosecutors said was an "enormous" scheme to sell over $1 billion worth of counterfeit and broken Cisco networking devices.
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May 02, 2024
11th Circ. Rules Tribal Co. Is Not Immune In Trade Secrets Suit
The Eleventh Circuit has revived a tribal-owned defense contractor's suit against another tribal-owned competitor and a former employee for allegedly stealing trade secrets, finding the competitor agreed to federal court jurisdiction when it participated in the bidding process for work on a missile detection system.
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May 02, 2024
11th Circ. Urged To Clear Final Hurdle To Interstate Water Deal
As the finish line comes into view in Georgia and Alabama's decadeslong fight over water rights, the Peach State, the federal government and a host of local water providers are urging the Eleventh Circuit to reject a bid by environmental groups to block the U.S. Army Corps of Engineers' management proposal for the Apalachicola watershed.
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May 02, 2024
Claims Court Won't Upend $21M FEMA Deal Over Doc Mix-Up
The U.S. Court of Federal Claims refused to read further misconduct into a document mix-up in the $21 million battle over a Federal Emergency Management Agency administrative deal, accepting FEMA's explanations that it made a small mistake.
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May 02, 2024
DOL Fights Bid To Halt Prevailing Wage Rule
A group of construction groups didn't show how a final rule regulating prevailing wages hurts them, and halting the rule wouldn't be in the public's interest, the U.S. Department of Labor told a Texas federal court.
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May 02, 2024
GAO Backs Navy's Cost Realism Evaluation For Support Deal
The U.S. Government Accountability Office denied a joint venture's protest of a U.S. Navy decision to tap a competitor for an operations support deal in the Philippines, saying the protest was based on a misunderstanding of cost realism evaluation requirements.
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May 01, 2024
Senate Revs Up For FAA Funding Fight
The U.S. Senate on Wednesday inched toward advancing multiyear legislation reauthorizing the Federal Aviation Administration's safety and airport improvement programs, accelerating debate on a package that would hire more air traffic controllers and enhance passenger protections amid high-profile aviation industry mishaps.
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May 01, 2024
Colo. Toll Lane Venture Says Aecom Can't Get Penalty Interest
A Colorado joint venture that formed to construct a state toll lanes project has told a federal judge that he erroneously awarded a design firm penalty interest on a $5.2 million judgment, arguing in a motion that the firm doesn't qualify as a subcontractor under Colorado law.
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May 01, 2024
Food Supplier Can't Shake Off $5M DOD Bid-Rigging Claim
A food supplier must face a U.S. Department of Defense agency's efforts to recoup the purported $5 million lost to an ex-employee's bid-rigging scheme, after a contract appeals board ruled the contractor was required to provide fair, unrigged prices.
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May 01, 2024
Billionaire Energy Co. Founder Sues Booz Allen Over IRS Leak
Energy Transfer co-founder Kelcy Warren accused government contractor Booz Allen Hamilton of failing to supervise an employee who stole Warren's private tax information and that of thousands of other wealthy people while on assignment at the IRS, according to a complaint in Maryland federal court.
Editor's Picks
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The Latest On Escobar's FCA Impact
Federal courts across the country are handing down important rulings interpreting the U.S. Supreme Court’s landmark decision on False Claims Act liability in Universal Health Services v. Escobar. As the rulings keep pouring in, stay up to speed on Law360’s latest coverage and analysis of Escobar’s impact.
Expert Analysis
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Don't Use The Same Template For Every Client Alert
As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.
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Series
Walking With My Dog Makes Me A Better Lawyer
Thanks to my dog Birdie, I've learned that carving out an activity different from the practice of law — like daily outdoor walks that allow you to interact with new people — can contribute to professional success by boosting creativity and mental acuity, as well as expanding your social network, says Sarah Petrie at the Massachusetts Attorney General’s Office.
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Think Like A Lawyer: Follow The Iron Rule Of Trial Logic
Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.
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Unpacking The Interim Vet-Owned Small Biz Verification Rule
Government contractors that intend to bid for service-disabled veteran-owned small business set-aside contracts should immediately consider the potential impacts of a recently issued rule that specifies how contracting officers will verify that they have certified their status, say Derek Mullins and Beth Gotthelf at Butzel.
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The Art Of Asking: Leveraging Your Contacts For Referrals
Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.
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McKesson May Change How AKS-Based FCA Claims Are Pled
The Second Circuit’s analysis in U.S. v. McKesson, an Anti-Kickback Statute-based False Claims Act case, provides guidance for both relators and defendants parsing scienter-related allegations, say Li Yu at Dicello Levitt, Ellen London at London & Stout, and Erica Hitchings at Whistleblower Law.
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Series
Being An Equestrian Makes Me A Better Lawyer
Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.
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Opinion
Cyber Regulators Should Rely On Existing Sources Cautiously
New incident reporting rules proposed by the Cybersecurity and Infrastructure Security Agency illustrate how the use of definitions, standards and approaches from existing sources can create a complex patchwork of regulations, demonstrating that it is essential for agencies to be clear about expectations and not create unnecessary confusion, says Megan Brown at Wiley.
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DOE Funding And Cargo Preference Compliance: Key Points
Under the Bipartisan Infrastructure Law, the U.S. Department of Energy will disburse more than $62 billion in financing for innovative energy projects — and recipients must understand their legal obligations related to cargo preference, so they can develop compliance strategies as close to project inception as possible, say attorneys at White & Case.
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4 Ways To Refresh Your Law Firm's Marketing Strategy
With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.
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Tips For Balanced Board Oversight After A Cyberincident
The U.S. Securities and Exchange Commission's cybersecurity disclosure rules, as well as recent regulatory enforcement actions bringing board governance under scrutiny, continue to push boards toward active engagement in relation to their cyber-oversight role, despite it being unclear what a board's level of involvement should be, say attorneys at Alston & Bird.
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Breaking Down DOJ's Individual Self-Disclosure Pilot Program
The U.S. Department of Justice’s recently announced pilot program aims to incentivize individuals to voluntarily self-disclose corporate misconduct they were personally involved in, complementing a new whistleblower pilot program for individuals not involved in misconduct as well as the government's broader corporate enforcement approach, say attorneys at Paul Weiss.
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How To Prepare As Employee Data Reporting Deadlines Near
As filing deadlines approach, government contractors and private companies alike should familiarize themselves with recent changes to federal and California employee data reporting requirements and think strategically about registration of affirmative action plans to minimize the risk of being audited, say Christopher Durham and Zev Grumet-Morris at Duane Morris.
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Why Timely Gov't Contractor Registration Renewal Is Key
The U.S. Government Accountability Office's recent decision in TLS Joint Venture makes clear that a lapse in System for Award Management registration, no matter how brief, renders a government contractor ineligible for a negotiated procurement, so submit renewals with plenty of time to spare, say attorneys at Haynes Boone.
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Inside OMB's Update On Race And Ethnicity Data Collection
The Office of Management and Budget's new guidelines for agency collection of data on race and ethnicity reflect societal changes and the concerns of certain demographics, but implementation may be significantly burdensome for agencies and employers, say Joanna Colosimo and Bill Osterndorf at DCI Consulting.