Government Contracts

  • April 24, 2017

    Weak Bids Can Sink Follow-On Deals For Federal Incumbents

    Although incumbency on a federal contract has its advantages when an agency announces a successor deal, some incumbents wrongly assume their prior work counts for more than it actually does, with several common mistakes regularly cropping up in follow-on bids.

  • April 24, 2017

    Enviros Gird For Pitched Battle To Stop Trump Border Wall

    President Donald Trump appears committed to his campaign promise to build a wall along the border with Mexico, but environmental groups say they are ready to battle the administration in court every step of the way, even though past challenges to border barrier construction have failed.

  • April 24, 2017

    Venezuela Will Go To DC Circ. To Fight $1.4B Award

    The Venezuelan government is taking its effort to torpedo a $1.4 billion arbitral award issued to Canadian mining company Crystallex International Corp. to the D.C. Circuit Court, according to a notice of appeal filed Friday.

  • April 24, 2017

    Trump Admin. Preps For Shutdown, Calls Moves A Precaution

    With funding for the government set to expire on Friday, the Trump administration has initiated preparations for a government shutdown, though it says it does not expect one and insists the measures are precautionary, according to several media reports published at the end of last week.

  • April 24, 2017

    Texas Says Xerox Can't Deflect $1B Medicaid Fraud Suit

    Texas told the Texas Supreme Court on Friday that a trial judge rightly barred Xerox Corp. from trying to share the blame in a $1 billion civil Medicaid fraud suit by pointing the finger at orthodontists who allegedly recommended unnecessary services for which Xerox had processed state claims.

  • April 24, 2017

    $4.6M Deal Inked Over Feds' Nuclear Waste Plant FCA Claims

    The U.S. Department of Justice announced Monday that a Georgia-based subcontractor has agreed to pay $4.6 million to settle False Claims Act allegations that it ducked quality assurance requirements and supplied defective steel reinforcing bars during the construction of a U.S. Department of Energy nuclear waste treatment facility.

  • April 24, 2017

    Senate Confirms Trump Agriculture Secretary Pick

    The Senate on Monday approved the latest member of President Donald Trump’s cabinet, sending former Georgia Republican Gov. Sonny Perdue to the U.S. Department of Agriculture.

  • April 24, 2017

    DCAA Says Hiring Freeze May Stall Its Effort To Clear Backlog

    President Donald Trump’s federal hiring freeze may have derailed the Defense Contract Audit Agency’s goal to clear its audit backlog by 2018, the DCAA said in an otherwise glowing annual report to Congress made available recently.

  • April 24, 2017

    Jersey City Wins 2nd Try In Clash Over Historic Theater

    A New Jersey appeals court on Monday undercut a win for a nonprofit organization in its suit against Jersey City over the management of a historic theater, saying a lower court was too quick to reject arguments that the group violated its lease with the city.

  • April 24, 2017

    Supreme Court Rejects Appeal Over WellCare CEO Conviction

    The Supreme Court declined to take up the former WellCare HealthCare Plans Inc. CEO's appeal of his fraud conviction Monday, denying his chance to argue that the government didn’t prove he knew what he was doing was wrong.

  • April 24, 2017

    High Court Turns Away Appeal Over $30M Gov’t Solar Contract

    The U.S. Supreme Court on Monday said it will not hear a solar panel company’s case accusing the federal government of breaching a $30 million loan contract to produce solar panels in India.

  • April 24, 2017

    Justices Won't Hear Sentence Appeal In $136M Transpo Fraud

    The U.S. Supreme Court on Monday declined to hear an appeal of a Third Circuit decision upholding the 84-month prison term handed to a Florida businessman convicted in a $136 million scheme to secure highway construction contracts meant for small, minority-owned businesses.

  • April 21, 2017

    Defense Contractor Gets Two Years In Faulty Parts Case

    A former defense contractor who was found guilty of supplying the U.S. Department of Defense with nonconforming military parts was sentenced to two years in prison and about $280,000 in restitution by an Ohio federal judge Friday.

  • April 21, 2017

    No Jail For Recruiter In $70M Medicare Fraud

    A New York federal judge on Friday sentenced the “least culpable” participant in a $70 million Medicare and Medicaid fraud scheme to time served, citing his tremendous success in an in-patient drug treatment program.

  • April 21, 2017

    Government Funding Showdown Has Attorneys On Edge

    With President Donald Trump taking an increasingly hard line on his budget demands, congressional Democrats and the administration are now on a collision course that could end in a government shutdown, leaving attorneys worried about delayed contract awards, agency work left undone and the government's ability to function.

  • April 21, 2017

    DynCorp Prevails In Ecuadorean Farmers' Herbicide Suit

    A Washington, D.C., federal jury on Thursday largely sided with DynCorp in a suit brought by six farmers representing a class of Ecuadoreans who claim the defense contractor poisoned them with herbicide while trying to destroy drug crops in Colombia.

  • April 21, 2017

    GSA Inspector Urges Increased Competition On OASIS Deals

    A U.S. General Services Administration watchdog said Thursday that the GSA’s Federal Acquisition Service has largely complied with price and negotiation requirements for orders under the massive OASIS professional services contract, but it could stand to improve related documentation and competition for those orders.

  • April 21, 2017

    Air Force Stops Work On Ops Deal After Senate Halts Funds

    The U.S. Air Force said Thursday it has temporarily halted work on its Air Operations Center modernization program after Congress refused a request to move funds from other programs following the Air Force issuing a report stating that estimated development costs for the program have nearly doubled to around $745 million.

  • April 21, 2017

    Co. Wants Partial Award Against Venezuela's Mining Co. OK'd

    A British Virgin Islands raw materials company has urged a Florida federal court to confirm an arbitral award requiring Venezuela's state-owned mining company to post nearly $63 million in security during an ongoing arbitration over iron ore contracts, saying a claim that the parties never agreed to arbitrate doesn’t belong in court.

  • April 21, 2017

    Feds Say KBR Wants Too Much Discovery In $150M FCA Spat

    Kellogg Brown & Root Services again went too far with discovery requests in defending a $150 million False Claims Act suit, according to the federal government, which told an Illinois federal judge Thursday the company’s data requests only serve to burden the government.

Expert Analysis

  • Roundup

    Counsel To Counsel: Insights From Law Firm GCs

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    Catch up if you missed last week's special series spotlighting general counsel at four firms and the issues they encounter in an increasingly complex legal environment.

  • Impact Of 'Buy American And Hire American' On H-1B

    Elizabeth Espin Stern

    President Trump recently signed an executive order addressing the protection of U.S. jobs and preferences for U.S.-manufactured products and goods. While the order has no immediate effect on the processing of H-1B visa petitions, it does give us a clear picture of the administration’s views on the program. The “feeding frenzy” that characterizes the H-1B cap season may well become a thing of the past, say partners of Mayer Brown LLP.

  • Monthly Column

    Gray Matters: The Attorney-Client Team

    Robert Creo

    A 1979 study of attorney-client interactions revealed startling information: Despite years of education and training to hone their legal expertise, attorneys were not acting as independent counselors but rather allowing their clients to control them. Our experience is that this trend has accelerated, say dispute resolution experts Robert Creo and Selina Shultz.

  • A Closer Look At 'Preemptive' Federal Contract Terms

    Lawrence Ebner

    Subrogation of insureds’ third-party claims is not a subject that excites too many lawyers, but the U.S. Supreme Court’s decision Tuesday in Coventry Health Care of Missouri Inc. v. Nevils will be of interest to anyone who tracks the court’s federal preemption jurisprudence, says Lawrence Ebner of Capital Appellate Advocacy PLLC.

  • Litigation Finance, Big Data And The Limits Of AI

    Christopher Bogart

    Theoretically, both better data and its better use should be able to improve results in litigation, and thus help litigation financiers allocate more capital to meritorious matters. However, while big data and artificial intelligence are intriguing additions to the litigation toolkit, they are far from turning litigation finance on its head, says Christopher Bogart, CEO of Burford Capital LLC.

  • Series

    Counsel To Counsel: Mama Said There'll Be Days Like This

    Peter J. Engstrom

    It's no longer enough for law firms simply to provide expert legal advice — we are expected to mirror clients' legal, ethics and social commitments and promises. For law firm GCs, the resulting job demands seem to grow exponentially, says Peter Engstrom, general counsel of Baker McKenzie.

  • 4 Takeaways From The 'Buy American' Executive Order

    Justin Ganderson

    Following Tuesday's executive order, government contractors should expect agencies to significantly increase their efforts to monitor contractor compliance with "Buy American" laws and to enforce contractor noncompliance — possibly through civil or criminal False Claims Act violations, contract terminations and suspension or debarment, say attorneys with Covington & Burling LLP.

  • Big Stakes In High Court’s Securities Fraud Omissions Case

    Stephen L. Cohen

    Leidos v. Indiana Public Retirement System, which the U.S. Supreme Court will hear this year, presents potentially far-reaching questions, ranging from the U.S. Securities and Exchange Commission’s role in interpreting Section 10(b) to courts’ role in creating a federal common law of disclosure duties, say Stephen Cohen and Daniel McLaughlin of Sidley Austin LLP.

  • Series

    Counsel To Counsel: A Law Firm GC's Data Protection Duties

    Thomas W. White

    Increasingly, we see companies in all industries seeking to perform various levels of due diligence on our information security defenses. We received three times as many diligence requests from clients and prospective clients in 2016 as we did in 2015. Some clients even conduct their own penetration tests, says Thomas White, general counsel of WilmerHale.

  • Series

    Counsel To Counsel: Evaluating Positional Conflicts

    Nicholas A. Gravante Jr.

    What happens when attorneys come to their general counsel’s office with knowledge of a potential positional conflict? While the inquiry will depend on the rules governing the particular jurisdiction, there are a few general questions to consider from both business and legal ethics perspectives, say general counsel Nicholas A. Gravante Jr. and deputy general counsel Ilana R. Miller of Boies Schiller Flexner LLP.