A federal judge on Tuesday backed the U.S. Department of State's decision to continue work on a $1 billion contract for embassy support services in Iraq despite ongoing protests by Dyncorp International LLC and KBR Services Inc.
A Federal Circuit panel questioned on Tuesday whether it has the authority to grant KBR Inc.'s request for $12.5 million in costs it allegedly incurred in connection with an Iraq War food service contract, noting the contractor's request had already been denied in another appeal.
Federal prosecutors in Michigan on Tuesday said a unit of South Korean chemical giant LG Chem Ltd. has agreed to pay $1.2 million over allegations the company defrauded the government by paying employees for recreational activities using funds procured under the American Recovery and Reinvestment Act.
The U.S military will need to adjust its budgetary and strategic planning to deal with changing national security challenges while facing ongoing sequester cuts, which may include prioritizing new equipment over more manpower, Defense Secretary Chuck Hagel said Tuesday.
The U.S. Government Accountability Office on Monday nixed a bid protest by Star Food Service Inc., which claimed that a solicitation by the Defense Logistics Agency for various chicken parts improperly bundled requirements, in violation of the Small Business Act.
The Fifth Circuit on Monday refused to revive a University of Texas Health Science Center professor's whistleblower suit claiming a colleague falsified research data, affirming the trial court's ruling that the university is not an entity that can be held liable under the False Claims Act.
Asset manager Capital Hotel Management announced Monday that it scored a contract extension for the Hilton Baltimore Convention Center Hotel, a deal that comes days after city officials decided to not sell the $300 million project so as to get the lagging business back in shape.
Citing Johnson & Johnson’s $2.2 billion deal with federal prosecutors to settle False Claims Act allegations over illegal marketing of three of its banner drugs, a Pennsylvania legislator on Monday renewed his push for the General Assembly to enact its own whistleblower law.
The federal judge overseeing a former Novartis Pharmaceuticals Corp. employee’s whistleblower lawsuit accusing the drugmaker of ripping off Medicaid by promoting off-label uses of eczema treatment Elidel on Tuesday reinstated some claims she had previously dismissed.
The U.S. Department of Justice's $2.2 billion settlement with Johnson & Johnson shows that, despite the recent attention heaped on whistleblower provisions in Dodd-Frank and similar laws, the False Claims Act remains the federal government's weapon of choice in extracting gargantuan settlements from companies that have allegedly committed fraud.
Johnson & Johnson's $2.2 billion deal Monday to end a vast False Claims Act investigation will probably be one of the last monster settlements under a long-running crusade against off-label marketing, with other drugmakers having already learned costly lessons and the federal government setting its sights on new sectors, attorneys say.
Science Applications International Corp.’s new incarnation Leidos Inc. announced Monday that it has won a $178 million contract by the Defense Health Agency to provide consultative, analytical, decision making, managerial and implementation support services for a Military Health System “Nurse Advice Line.”
British prosecutors said Monday that they've begun a criminal investigation into allegations that two security companies overcharged the U.K.'s Ministry of Justice millions of British pounds for an electronic prisoner tagging contract.
Specialty Hospitals of America LLC will pay $4.2 million to the federal government to settle a whistleblower's allegations that it inflated Medicare claims at its hospitals in Washington, D.C., federal prosecutors announced Friday.
Johnson & Johnson will admit to criminal misconduct and will shell out $2.2 billion to resolve whistleblowers' False Claims Act allegations it showered doctors with kickbacks and illegally promoted off-label uses of three drugs, including the antipsychotic medicine Risperdal, the U.S. Department of Justice said Monday.
Florida general contracting firm Siltek Group Inc. on Wednesday sued the Miami-Dade Homeless Trust, saying the county agency disqualified its bid on a multimillion-dollar project to build housing units on the site of the former Homestead Air Force Base for arbitrary and capricious reasons.
Florida’s attorney general said Friday she has reached a $28 million settlement with Bank of New York Mellon Corp., ending a suit that accused the bank of cheating a state pension fund out of millions by inflating the costs of foreign currency transactions.
Arnold & Porter LLP on Tuesday launched a nearly $3 million lawsuit against a prominent Florida eye surgery practice it accuses of skipping out on legal bills after the firm successfully defended a years-long Medicare fraud complaint.
The U.S. Court of Federal Claims on Thursday dismissed claims in a complaint accusing the federal government and The Boeing Co. of infringing patents for unmanned aerial vehicle technology, ruling that the court lacked jurisdiction since the dispute was between private parties.
Pennsylvania Auditor General Eugene DePasquale on Thursday bashed Gov. Tom Corbett’s announcement that he’d reached a deal extending a pending bid with a private manager for the state lottery, saying his office would scrutinize nearly $3.4 million in payments made to consultants, including DLA Piper LLP and Blank Rome LLP.
From audits to Civil Monetary Penalties Act and False Claims Act liability, the penalties to health care providers for improper charting and billing are significant. Because the federal government is using every tool available to fight health care fraud, providers should immediately begin proactive self-audit to avoid significant fines and harmful consequences, say Thomas Hess and Simi Botic of Dinsmore & Shohl LLP.
Because of the way our brains are hard-wired, opportunities for settlement are often lost — our human tendencies cause us to get in our own way. By recognizing these tendencies, fighting to avoid them and implementing systems that help recognize potential leverage points, litigants can achieve faster, and often better, settlements, says John Watkins of Thompson Hine LLP.
The Centers for Medicare and Medicaid Services' new approach to evaluating inpatient hospital admissions uses a two-midnight benchmark — meaning inpatient stays spanning more than two midnights are generally presumed appropriate for Medicare Part A payment — and has important implications for hospitals. Among other things, hospitals should note that the new rule effectively eliminates one-day stays, say Renee Howard and David Robbins of Perkins Coie LLP.
A Pennsylvania court’s recent decision in Babcock & Wilcox Co. v. American Nuclear Insurers might mean that large corporate policyholders will now reject the insurer’s tendered defense and instead hire expensive law firms to furnish their own defense. Large defense bills for the insurer logically will follow, says Joshua Mooney of White and Williams LLP.
The Federal Acquisition Regulation Councils' June issue of the Federal Acquisition Circular has many interesting issues, with rules that became effective in June and July 2013. A particular new rule that can be a shock for the unknowing government contractor is one that addresses the government's ability to agree to a company's commercial end-user license agreement, say Townsend Bourne and David Gallacher of Sheppard Mullin Richter & Hampton LLP.
Despite the historical differences between Medicare Parts A and B, a recent case in the District of South Carolina supports and expands Medicare’s authority for collecting prepetition Medicare overpayments by allowing Medicare to recoup its debts by withholding post-petition reimbursements owed to a physician supplier — Medicare Part B — who had filed for an individual bankruptcy under Chapter 7, say Dawn Messick and Judith Waltz of Foley & Lardner LLP.
The U.S. Department of Defense has really understated the scope of the proposed rule to combat counterfeit electronic parts. The rule would require prime contractors subject to the Cost Accounting Standards to implement an entirely new avoidance and detection scheme within their purchasing system, which would undoubtedly impact all tiers of the government contracts supply chain, say Jason Lynch and Peter Eyre of Crowell & Moring LLP.
Law firms increased their hourly rates an average of close to 10 percent between 2010 and 2012. This trend is an indicator of why corporate legal spending is so high. However, those who take the time to analyze their legal bills can attest that it’s the line items that the law firms are charging for — not the rate — that are creating exorbitant legal fees and causing significant distress, says David Paige of Legal Fee Advisors.
In an unsettling opinion, the Fifth Circuit recently held that the Anti-Kickback Act extends vicarious liability to an employer for acts of its employees acting with apparent authority, with no need for the plaintiff to demonstrate that the employees were acting for the corporation’s benefit. Because the court did not enunciate standards, the U.S. v. Kellogg Brown & Root Inc. ruling seems to veer dangerously close to strict liability, says John Pachter of Smith Pachter McWhorter PLC.
While the health care industry has grown accustomed to risks associated with the False Claims Act, the Illinois Insurance Claims Fraud Prevention Act presents vast new challenges for the industry. Most notably, the ICFPA adds certain risk exposure for private insurance claims rather than solely for government claims, say Christopher Haney of Duff & Phelps and David Pivnick of McGuireWoods LLP.