A Florida federal judge declined to rule that Halifax Hospital Medical Center’s bonus arrangement with certain oncologists violated the False Claims Act's Anti-Kickback Statute, saying Tuesday that a qui tam relator has not overcome the hospital's argument that the payments are subject to the so-called bona fide employment exception.
A Texas County that voted to contract with a real estate company to reserve groundwater has asked the Texas attorney general's office for a determination it has the authority to enter such a contract, according to a letter released Tuesday by the attorney general's office.
A New Mexico federal judge tossed an employee whistleblower suit accusing a Community Health Systems Inc.-owned hospital of improperly receiving Medicare and Medicaid payments for laboratory tests that violated federal standards, finding Thursday the plaintiff had failed to make a viable case under the False Claims Act.
A California federal judge on Monday reversed course and ordered that Leonard Glenn Francis, the Malaysian businessman accused of bribing U.S. Navy officials in a scheme to overbill the government for tens of millions, be held without bond.
Lockheed Martin Corp. told a California federal judge Monday to dismiss the Department of Justice’s interjection in a whistleblower False Claims Act suit alleging Lockheed purposefully lowballed estimates for a U.S. Air Force contract, saying the DOJ’s statement was untimely, prejudicial and improper.
The Office of Inspector General found that the U.S. Department of Defense's Missile Defense Agency and the Defense Microelectronics Activity did not always comply with interim Federal Acquisition Regulation revisions on the use of cost reimbursement contracts, according to an OIG report released Friday.
The U.S. Department of Defense on Monday gave its blessing to a BAE Systems PLC unit’s planned $200 million contract to provide F-16 fighter jet upgrade services to South Korea, saying the move would aid U.S. national security and policy goals.
A Massachusetts federal judge on Friday dismissed an ex-Pfizer Inc. manager's False Claims Act qui tam suit accusing the drug giant of a long-running and illegal campaign to promote off-label use of anti-fungal drugs, finding the claims were too vague.
The U.S. Department of Defense, NASA and the U.S. General Services Administration on Monday issued a final rule amending acquisition policy to provide for accelerated payments to small-business subcontractors.
New York City has chosen Sun Edison LLC to build its largest solar installation at Staten Island's Freshkills Park, with plans to generate up to 10 megawatts of power and provide electricity to about 2,000 homes, Mayor Michael Bloomberg announced Monday.
A Texas-based company that says thousands of unlicensed copies of its logistics software were being used by the U.S. Army announced Monday that it has reached a $50 million deal to end the copyright infringement suit it filed.
Orbital Sciences Corp. asked a Virginia federal court Friday to deny rocket engine maker RD-Amross LLC’s challenge to Orbital’s antitrust suit over the purchase of certain rocket engines, saying RDA’s assertions it could not sell the engines to Orbital have no basis in fact.
George Washington University on Monday defeated a long-running False Claims Act suit alleging its medical center falsely told Medicare that licensed anesthesiologists performed thousands of anesthesia procedures, with a federal judge ruling four whistleblower nurses hadn't linked specific payments to purported falsities.
Lockheed Martin Corp. clinched a $105 million contract modification to continue supporting the operation and maintenance of Milstar and the Defense Satellite Communications System, two pivotal aspects of the U.S. military's in-field communications, the U.S. Department of Defense said Friday.
A New York federal jury found three men guilty of wire fraud, bribery, conspiracy to commit money laundering and other charges on Friday, for allegedly taking kickbacks in the scandal-plagued CityTime project to modernize New York City’s payroll system.
Trenton, N.J., Mayor Tony Mack lost a bid to suppress wiretap evidence on Thursday, after a judge in the mayor's federal corruption case ruled that investigators had ample suspicion of wrongdoing to warrant their surveillance.
The Federal Circuit on Friday ruled that the U.S. Court of Federal Claims didn't exceed its jurisdiction when it permitted two government contractors to remain as third-party defendants in a suit that claims the government infringed an engine starter patent.
The Obama administration has struggled to staff agencies like the Department of Homeland Security and appoint qualified inspectors general, but the recent declawing of filibusters for presidential nominees will help fill vacant posts and add needed oversight for federal spending, watchdogs say.
The Texas Supreme Court agreed Friday to take up the issue of whether a water district has governmental immunity from a contract claim involving alleged breach of a real-property lease in which the lessee provided services to the general public.
In the wake of the deadly Washington Navy Yard shooting and the myriad of classified documents leaked by former defense contractor Edward Snowden, the chairman of the U.S. House Oversight and Government Reform Committee Friday said he has subpoenaed documents relating to the federal security clearance process.
Recently, the Federal Acquisition Regulatory Council published a proposed rule imposing significant responsibility on contractors and subcontractors to act affirmatively to prevent human trafficking and forced labor. In light of the new requirements, contractors with overseas contracts must now develop, for the first time, detailed anti-trafficking compliance programs, say attorneys with Arnold & Porter LLP.
Recently, the U.S. Department of Defense published a significant interim rule to amend the Defense Federal Acquisition Regulations. The rule arguably raises more questions than it answers and will likely result in increased enforcement efforts and litigation, say attorneys with King & Spalding LLP.
The lapse in appropriations due to the government shutdown has obvious impacts for new federal contracts, renewals and work orders to be funded with fiscal year 2014 funds. Even for those contracts for which alternative sources of funding exist, however, there are significant potential impacts, says Brad Fagg of Morgan Lewis & Bockius LLP.
Unfortunately, the credentials normally supplied by Big Law firms in beauty contests simply do not tell in-house counsel what they really want to know. Without discounting the difficulty of obtaining helpful information from candidates for outside counsel, there is one question that may be useful for in-house counsel to pose, says Andrew Jarzyna of Ulmer & Berne LLP.
While many have voiced concerns that the shutdown will deprive contractors of their ability to either file a timely protest at the U.S. Government Accountability Office or, if a protest is timely filed, obtain an automatic stay under the Competition in Contracting Act, the consequences of the shutdown may not prove as dire as predicted, says Brian Walsh of Wiley Rein LLP.
With the holding by the Southern District of New York in U.S. v. Wells Fargo Bank NA, the government now formally has a False Claims Act opinion against a financial institution allowing it to toll claims without a formal declaration of war to begin the tolling period, but requiring a formal termination to end it — an unlikely result. Practically, it could mean a tolling that extends back to at least 2001 in this case, with no formal end date in sight, say Benjamin Klubes and Michelle Rogers of BuckleySandler LLP.
The U.S. Department of Defense has announced that it will continue to award large contracts during the government shutdown, but that it will not publicly announce them until the shutdown ends. When combined with the closure of the U.S. Government Accountability Office, this policy deprives contractors of the Competition in Contracting Act's important protections, say Pablo Nichols and Bradley Wine of Morrison & Foerster LLP.
Preparation for the recent sequester familiarized government contractors with some of the questions they now face in the wake of the federal government shutdown. However, the shutdown implicates issues different from the sequester, such as the now-unavailable E-Verify program and Office of Federal Contract Compliance Programs, says Connie Bertram and Guy Brenner of Proskauer Rose LLP.
President Obama seems to be of the view that if law school were reduced to two years, students would incur two-thirds of the expense of attending law school, be burdened by two-thirds of the debt they currently have, and be generally economically better off than they are today after three years of law school. Most startling about the president’s proposal, however, is that he did not discuss the educational effect of his suggestion on the students or the effect on their clients, says Fred Isquith of Wolf Haldenstein Adler Freeman & Herz LLP.
A recent revision to the federal contract compliance manual for the Office of Federal Contract Compliance Programs represents the first complete overhaul in the nearly quarter century since its inception. While several changes, such as the desk audit and compensation, will come as no surprise, the new manual will be something that all lawyers working in the field will want on their bookshelves, say attorneys with Paul Hastings LLP.