Government Contracts

  • June 27, 2017

    Nigeria Knocks Ex-Enron Unit's Fee Bid In $21M Award Row

    A former Enron subsidiary has failed to justify its request for hundreds of thousands of dollars in legal fees for the solo practitioner who netted the company confirmation of a contract breach arbitral win against the Nigerian government now topping $21 million, the country told a D.C. federal court Monday.

  • June 26, 2017

    House Appropriations Panel Seeks $658B In Defense Funding

    The House Appropriations Committee on Sunday released a draft bill that seeks $658.1 billion in defense funding for 2018 and that would raise discretionary defense spending by $68.1 billion — more than the defense-heavy budget proposal submitted to Congress in March by President Donald Trump.

  • June 26, 2017

    Tatneft Fights Stay Of $112M Enforcement Suit During Appeal

    Russian energy company PAO Tatneft asked a D.C. federal court on Monday not to pause its suit to enforce a $112 million arbitral award during an appeal in France, saying a stay would ensure the nearly decade-old dispute drags on for years to come.

  • June 26, 2017

    High Court Won't Hear Whistleblower's Wiretapping FCA Suit

    The U.S. Supreme Court on Monday declined to hear a federal prosecutor-turned-whistleblower’s appeal in a False Claims Act suit accusing telecom companies of overbilling the government for wiretapping services.

  • June 26, 2017

    The Supreme Court Term By The Numbers

    Despite a contentious confirmation hearing for Justice Neil Gorsuch, the U.S. Supreme Court term itself was mellow this year, with more unanimous cases and fewer controversial decisions. Still, there were a handful of business rulings that packed a punch.

  • June 26, 2017

    The Firms That Won Big At The Supreme Court

    One firm went undefeated at the U.S. Supreme Court this term. Another built on last year’s winning streak. And some high court powerhouses took their lumps. Here, Law360 breaks down how the firms most frequently seen at oral arguments performed this term.

  • June 26, 2017

    IP Cases Led The Pack In High Court Amicus Briefs

    Intellectual property cases took four of the top 10 spots on Law360's ranking of the U.S. Supreme Court cases that attracted the most amicus briefs this term, as disputes involving issues like patent exhaustion and offensive trademarks each generated dozens of amicus filings.

  • June 26, 2017

    Armed Services Panel Introduces $697B 2018 Defense Bill

    The House Armed Services Committee unveiled its initial version of the 2018 National Defense Authorization Act on Monday, authorizing a $696.5 billion defense budget and also proposing a number of defense policy changes, including a continued acquisition overhaul.

  • June 26, 2017

    Psychologist Seeks Toss Of $550M Social Security Fraud Case

    A clinical psychologist asked a Kentucky federal judge Friday to throw out a jury’s finding that he defrauded Social Security of at least $550 million in disability benefits, saying the government hasn’t shown he had the intent to co-conspire with the other two defendants.

  • June 26, 2017

    Senate OKs Trump Nuclear Regulatory Commission Pick

    The Senate on Monday confirmed President Donald Trump’s pick to head the Nuclear Regulatory Commission, setting up another five-year term for the current chairwoman.

  • June 26, 2017

    Diagnostic Labs Pay $13.45M To End Medicare Fraud Suit

    Diagnostic testing facilities agreed Monday to pay $13.45 million to settle a qui tam suit brought by a whistleblower alleging the companies violated the False Claims Act by persuading physicians to bill Medicare for cardiac monitoring services that were more expensive than medically necessary.

  • June 26, 2017

    BIA Must Rethink Some Arapaho Contract Bids, Judge Says

    A Montana federal judge on Friday ruled that the Bureau of Indian Affairs has to reconsider two decisions to decline the Northern Arapaho tribe’s requests for federal contracts, but upheld several other similar decisions by the agency amid the tribe’s dispute with the Eastern Shoshone tribe over services on their shared reservation.

  • June 26, 2017

    Officer Faces Navy Court In 'Fat Leonard' Bribery Case

    A U.S. Navy commander faced a court-martial hearing Monday over allegations that he participated in a massive bribery scheme intended to steer lucrative Navy contracts to Singaporean firm Glenn Defense Marine Asia.

  • June 26, 2017

    Sens. Accuse IRS Debt Collector Of Illegal Practices

    Four Senate Democrats on Friday accused a debt collector under contract with the IRS of maintaining collection practices that could violate federal law and pushing risky payback strategies that could cost taxpayers their homes.

  • June 26, 2017

    Top Senate Democrats Call To Lift Gov't Spending Caps

    Democratic Senate leaders urged their GOP counterparts to increase both defense and nondefense spending next year, positioning themselves for the latest fight over government funding in a process that is months behind schedule.

  • June 26, 2017

    Feds Say Evidence In Soccer Stadium Fraud Suit Is Hearsay

    Federal prosecutors on Sunday urged a Connecticut federal judge to block proposed evidence by a man accused of overbilling the city of Hartford, Connecticut, for work related to the construction of a professional soccer stadium, calling it hearsay.

  • June 26, 2017

    Corker To Block Gulf Weapons Sales Over Qatar Dispute

    Senate Foreign Relations Committee Chairman Bob Corker, R-Tenn., said Monday he would block weapons sales to six Persian Gulf nations until his committee is given clear signs that an ongoing diplomatic dispute between Qatar and its neighbors is on its way toward being resolved.

  • June 26, 2017

    Orbital ATK Says Rival's Data Breach Suit Is Retaliation

    National Aeronautics and Space Administration contractor Orbital ATK asked a Virginia federal judge Friday to toss a competitor’s allegations of trade secrets theft, saying the suit is a “baseless retaliation” for a separate lawsuit it filed challenging a separate government contract award.

  • June 26, 2017

    Plaintiffs Bar Perspective: Susman Godfrey's Matthew Berry

    Cases are typically decided based on a relatively small number of key issues. It is critical not only to identify those key issues at the outset of the case, but to also plot a strategy for getting them resolved in your favor, says Matthew Berry of Susman Godfrey LLP.

  • June 23, 2017

    Workforce Cuts Stymie Army War On Weapons Systems Waste

    Staffing shortfalls are imperiling the U.S. Army’s ability to develop requirements for major defense acquisition projects, an area of focus in the agency’s efforts to reduce waste in the procurement process, according to a Government Accountability Office report made public Thursday.

Expert Analysis

  • Limits On 'Self-Help' Discovery In FCA Cases

    Tom McConville

    It is not uncommon for an employee to take company documents that the employee believes will support a claim under the False Claims Act. Courts have allowed such activity, but this right is not unlimited. Where courts draw the line, however, is not uniform, say attorneys with Orrick Herrington & Sutcliffe LLP.

  • An Interview With Floyd Abrams

    Randy Maniloff

    It was a privilege to spend a half-hour on the phone with the nation's foremost First Amendment lawyer. Floyd Abrams and I discussed his career, his new book and what he sees in his free-speech crystal ball. And he was a very good sport when I asked if it is constitutionally protected to yell inside a movie theater: “Citizens United is a terrible decision and should be set on fire,” says Randy Maniloff of White and Williams LLP.

  • Bucking Tradition: NewLaw And The Coming Millennials

    Jill Dessalines

    Recent surveys show that law firms won't be able to rely on the flood of associates their business model demands as long as they require them to dedicate all day, most nights, every weekend and all holidays to firm business, says Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former assistant GC at McKesson Corp.

  • The Risks Of Releasing Privileged Investigative Reports

    Nicholas Goldin

    The recent D.C. federal court decision in Banneker Ventures v. Graham underscores the close analysis that should accompany a decision to publicly disclose even a summary of an internal investigation that was conducted under the attorney-client privilege, say Nicholas Goldin and Yafit Cohn of Simpson Thacher & Bartlett LLP.

  • Why Actuarial Equivalence Matters For Medicare Advantage

    Ursula Taylor

    The requirement of actuarial equivalence presents interesting implications for Medicare Advantage organizations, the Centers for Medicare and Medicaid Services and other stakeholders keen on ensuring the fairness and equity of the Medicare Advantage payment process, given the propensity for error in identifying and reporting diagnosis coding, says Ursula Taylor of Butler Rubin Saltarelli & Boyd LLP.

  • Monthly Column

    Gray Matters: We Feel, We Decide

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    Despite legal education training and the focus on logic and reason by the courts, lawyers address emotional issues on a daily basis — albeit more indirectly. But a shift to consciously and strategically addressing emotions gives us a powerful tool to help our clients reach faster, better decisions, say dispute resolution experts Robert Creo and Selina Shultz.

  • 9th Circ. Raises The Bar On Misprision Of A Felony

    Andrew Goldsmith

    Just two days before the appointment of special counsel Robert Mueller, the Ninth Circuit added a new element to one of the potential crimes within his jurisdiction. In U.S. v. Olson, the court held that misprision of a felony requires a defendant to know the crime he or she is concealing is a felony. No other court has considered such a requirement in the 227 years since the crime was codified, says Andrew Goldsmith of Kellogg Han... (continued)

  • Ambiguous Regulation May Not Preclude FCA Liability

    Michael Prendergast

    The recent Lincare opinion gives notice that, at least in the Eleventh Circuit, regulation ambiguity alone will not provide an impenetrable shield against False Claims Act liability for contractors, say Michael Prendergast and Jerome Hoffman of Holland & Knight LLP.

  • Opinion

    Justice Kennedy's Moderating Influence On The High Court

    Nan Aron

    The guessing game around Justice Anthony Kennedy’s possible retirement is reaching a crescendo. Yet the speculation does more than fuel bookmakers’ odds. It draws attention to his pivotal role as the court’s swing vote, says Nan Aron, president of Alliance for Justice.

  • How The FCA Is Weeding Out Medicare And Medicaid Fraud

    Sarah Coyne

    If Medicare and Medicaid managed care is a garden, then false claims are the weeds. Accordingly, the government is ratcheting up its enforcement efforts in the managed care arena (the garden) using the False Claims Act (the weed killer). One particularly illustrative example is the recent settlement agreement reached in Miller v. CareCore National, say Sarah Coyne and Jon Kammerzelt of Quarles & Brady LLP.