The U.S. Court of Federal Claims on Tuesday unsealed a mid-July opinion that favored Acetris Health LLC in a dispute over the interpretation of a federal trade agreements clause, which led to a denial of the company’s Hepatitis B drug being sold to the U.S. Department of Veterans Affairs.
The first half of 2018 has seen a number of important legal decisions handed down for federal contractors, with important developments on issues ranging from the materiality of claims and the statute of limitations under the False Claims Act to the jurisdiction of the Court of Federal Claims and the use of Other Transaction Authority. Here, Law360 looks at some of the more prominent cases that have made an impact on government contracting law so far this year.
An ex-U.S. military contractor’s former business partner pled guilty Monday in Alabama federal court to playing a part in a yearslong bribery scheme involving Army officials stationed at a U.S. military base in Kuwait during the Iraq War, according to the U.S. Department of Justice.
The Washoe Tribe of Nevada and California pressed a Nevada federal court Monday to toss a suit brought by a tribe member who was the head physician at the tribe’s health center for over a decade, saying the tribe is immune from claims he was illegally fired for serving overseas in the military.
Iran asked the United Nations' International Court of Justice to force the U.S. to roll back trade sanctions, including on oil, imposed after President Donald Trump pulled out of an Obama-era pact meant to curtail Tehran's nuclear ambitions, the court said Tuesday.
The D.C. Circuit held Tuesday that a former aerospace and defense executive cannot be denied deferred-compensation benefits after getting fired for turning down a job change because he wasn’t refusing to perform work duties by rejecting the job offer, so his termination can’t be classified as “for cause.”
Defense contractor Orbital ATK Inc. urged a Virginia federal court to set aside a magistrate judge’s order forcing the company to give a proposed class of investors documents related to an internal investigation, insisting the documents are protected.
A Russian citizen and former graduate student at American University was arrested over the weekend on charges she acted at the behest of a high-ranking Kremlin official as a “covert agent” of the Russian government, Justice Department officials announced Monday.
Moscow-based cybersecurity firm Kaspersky Lab Inc. lost its bid at the D.C. Circuit for an emergency stay of a rule that bans the use of the company’s antivirus software on government networks.
Three nonprofit research firms have been awarded slots on an up to $28 billion deal to provide chemical, biological, radiological and nuclear defense research and development work for the U.S. Department of Defense, the DOD announced.
A New Mexico federal judge has said a nuclear watchdog’s lawsuit over hazardous waste cleanup at Los Alamos National Laboratory is largely mooted by a 2016 cleanup deal brokered by state and federal regulators, but added the group could still pursue penalties over violations of a previous agreement.
MGM Resorts International said it owes “no liability of any kind” to victims of October’s Las Vegas mass shooting, arguing in a California federal suit filed Friday that a 2002 anti-terrorism statute precludes victims from blaming injuries on its Mandalay Bay resort, where the shooter based his attack.
Logistics company Agility can’t intervene in a dispute over the Defense Logistics Agency's corrective action on a $1.4 billion food supply deal, because it lacks any legal interest either in the protest filed by rival KGL Food Services or the underlying contract, a Court of Federal Claims judge ruled.
The U.S. Department of Defense and Lockheed Martin Corp. have reached an informal deal for the latest lot of F-35 fighter jets, the DOD’s top acquisition official said, a contract likely worth more than $12 billion.
Venezuela’s defense ministry urged a D.C. federal court to toss Huntington Ingalls Inc.’s action seeking to confirm a nearly $129 million award relating to a contract to refurbish two warships, asserting that the court lacks jurisdiction over the matter and that the award is unenforceable.
Turner Construction Co. on Thursday launched a lawsuit in the Court of Federal Claims alleging the U.S. Department of Defense owes it more than $2 million for work performed at a California Army base hospital that the company asserts was outside the scope of its contract.
The U.S. Army reasonably found that a General Dynamics unit’s bid for a slot on an $876 million contract to help replace a troubled Army intelligence analysis system was technically unacceptable, the U.S. Government Accountability Office ruled in a decision made public Thursday.
A former detainee at Iraq’s notorious Abu Ghraib prison hit back Friday at CACI International’s bid to sanction him in a suit seeking to hold the company liable for abuses at the prison, saying the proposed punishment was out of proportion with his failure to produce his medical records, which had not been done in bad faith.
A Massachusetts federal judge on Friday dismissed a $60 million suit which had attempted to hold the United States government responsible for a 1994 mob murder by an allegedly “mishandled” Federal Bureau of Investigation informant, saying the doctrine of sovereign immunity prevents the suit from going forward.
As part of its biggest organizational shakeup in decades, the U.S. Army announced Friday that it has chosen Austin, Texas, for the headquarters of its new Futures Command, a unit meant to improve its modernization efforts and outreach to technology companies and researchers.
An educated guess puts the number of new litigation funders launched in the past 18 months at 30 — an astonishing number, with more to come. Is this a blessing to our legal system or something more akin to tulip mania? Maybe both, says Ralph Sutton, founder and CEO of litigation funding firm Validity Finance LLC.
Federal agencies are increasingly utilizing "other transactions authority" to craft agreements that are not subject to traditional procurement laws. While there is very little precedent relating to protests of OTA awards or claims arising under OTA-awarded contracts, there are some clues as to how they may unfold, say Stuart Turner and Nathaniel Castellano of Arnold & Porter.
As new communications platforms displace email, the legal industry is awkwardly grappling with complex e-discovery questions. Fortunately, this environment provides a very fertile ground of incentives for innovation in both e-discovery technology and service offerings, says Thomas Bonk of Epiq.
There are relatively few government contract collusion whistleblowers. The U.S. Department of Justice's Antitrust Division could roll out the whistleblower welcome mat by making a few changes that will not cost the government a nickel. Even if only one new case emerges, the efforts would be worth it, says former federal prosecutor Robert Connolly.
Notwithstanding the latest salary war among prominent law firms, I urge my middle-aged and older colleagues to help the recent graduates we know focus on the long term. Even if the salary is the same, there is a big difference between an institutional firm and the relatively younger firms matching BigLaw, says J.B. Heaton, a University of Chicago business law fellow and former partner at Bartlit Beck.
Law professor Nathalie Martin's new book, "Lawyering From the Inside Out: Learning Professional Development Through Mindfulness and Emotional Intelligence," can be of value to any lawyer aiming to achieve greater productivity, relieve the stress of the legal profession and focus on goals, says U.S. District Chief Judge Denise Page Hood of the Eastern District of Michigan.
The U.S. Court of Federal Claims' decision in Acetris Health v. U.S. is important to all suppliers of products to the government because it interprets the interplay of the Buy American Act and Trade Agreements Act in contracts subject to the trade agreements clause, say Stephen Ruscus and Donna Lee Yesner of Morgan Lewis & Bockius LLP.
Next week, the Federal Acquisition Regulation will be amended, and federal contractors will have until Oct. 1, 2018, to tie their information systems to the bedposts, get out their cybersecurity holy water, avoid long staircases, and exorcise Kaspersky products and services from their systems, say Franklin Turner and Alexander Major of McCarter & English LLP.
The blockbuster e-discovery cases, with big sanctions and bigger controversies, have been few and far between this year. But that doesn’t mean the legal questions around e-discovery have been answered. Let’s take a closer look at three cases worthy of our attention, says Casey Sullivan, an attorney at discovery technology provider Logikcull.
What if a bid protest results in an agency announcing corrective action, which then doesn't materialize? Insult may be added to injury if the agency awards the protester’s competitor a sole-source bridge contract in the meantime. In such a case, the original protester does have a remedy, say Kenneth Weckstein and Shlomo Katz of Brown Rudnick LLP.