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Government Contracts

  • July 17, 2018

    Construction Execs Accused Of Lying To Get State Contracts

    Two New York men allegedly stole the identities of two minority-owned businesses to fraudulently secure millions of dollars worth of public construction projects, shorted their own employees more than $400,000 and defrauded an insurance company, the state’s attorney general said in a press release Tuesday.

  • July 17, 2018

    Energy Dept. Kicks Off $2B Tribal Loan Guarantee Program

    The U.S. Department of Energy on Tuesday launched a loan guarantee program worth up to $2 billion that is intended to help spur energy development and attract private lending in Native American communities, according to a department statement.

  • July 17, 2018

    Mo. High Court Orders Redo Of $2.3B Electric Line Review

    The Supreme Court of Missouri on Tuesday said that the state’s public service commission got it wrong when it rejected Grain Belt Express Clean Line LLC’s application to build a $2.3 billion interstate electric transmission line, deciding that the regulatory body incorrectly thought affected counties first needed to consent.

  • July 17, 2018

    States Seek To Pause ACA Subsidy Fight With Feds

    Democratic attorneys general on Monday asked a California federal judge to pause or end their lawsuit attempting to block the Trump administration from cutting billions in Affordable Care Act subsidies, noting that workarounds to the cuts are in place in many states while insisting future action may be needed.

  • July 17, 2018

    5th Circ. Nixes Enviros' Suit Over Texas Highway Projects

    The Fifth Circuit on Tuesday refused to revive a lawsuit in which a coalition of local residents and environmental groups alleged plans for three Austin-area highway projects were improperly treated separately when considering their environmental impact.

  • July 17, 2018

    Ex-NY Senate Boss, Son Again Convicted On Graft Charges

    Former New York State Senate Majority Leader Dean Skelos and his son Adam were again convicted of corruption charges on Tuesday following a second trial over claims the once powerful Republican extorted businesses into directing payments to his family.

  • July 17, 2018

    Orbital Fights Order To Cough Up Docs In Stock-Drop Row

    Defense contractor Orbital ATK Inc. urged a Virginia federal court Monday 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.

  • July 16, 2018

    DC Circ. Refuses To Delay Gov’t Ban Against Kaspersky

    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.

  • July 16, 2018

    Venezuelan Ex-Official Pleads Guilty To Money Laundering

    One of several men indicted last year over an alleged bribery scheme involving Venezuela’s state-controlled energy company pled guilty in Texas federal court Monday, admitting that he helped funnel bribes from U.S.-based companies to Venezuelan government officials.

  • July 16, 2018

    SD Can't Collect Excise Tax From Tribe's Casino Renovation

    South Dakota can no longer impose an excise tax on a Native American tribe’s casino renovation project, but the tribe cannot sue the state in federal court for a refund of the amount it was already forced to pay, according to a district court ruling Monday.

  • July 16, 2018

    Three Research Firms Awarded Part Of $28B DOD R&D Deal

    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.

  • July 16, 2018

    Whistleblower Attys Get $4M In Fees In Humana FCA Suit

    A Florida federal judge on Friday adopted a magistrate judge's recommendation to award a whistleblower more than $4 million in litigation expenses for a closely watched False Claims Act case that resulted in a $3 million settlement with Humana, a South Florida health care provider and its owner over alleged Medicare Part C fraud.

  • July 16, 2018

    Enviros' Challenge Of NM Nuke Site Cleanup Deal Tossed

    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.

  • July 16, 2018

    Democracy Forward Sues DOI For Parks Panel Selection Docs

    The Democracy Forward Foundation sued the U.S. Department of the Interior in D.C. federal court Monday in an effort to force the release of records concerning the selection process for members of a National Park Service outdoor recreation advisory committee that gives guidance about the operation of public lands.

  • July 16, 2018

    Rival Can't Intervene In $1.4B DOD Food Contract Dispute

    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.

  • July 16, 2018

    Judge Miscalculated $47M Medicare Fraud Loss: 6th Circ.

    The Sixth Circuit reversed the sentences of two owners of home health care companies, saying the trial judge in the case did not distinguish between fraudulent bills and above-board ones when pegging the Medicare program's losses from the scheme at $47.2 million.

  • July 16, 2018

    DOD Reaches 'Handshake' F-35 Deal With Lockheed Martin

    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.

  • July 16, 2018

    Venezuela Seeks To Nix Shipbuilder's Suit Over $129M Award

    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.

  • July 13, 2018

    Navient Says Borrower Docs Dispute Is Between CFPB, DOE

    Navient Solutions Inc. said Friday that it's not calling the shots when it comes to borrower records that the Consumer Financial Protection Bureau wants produced for its suit over the company’s student loan servicing practices, telling a Pennsylvania federal judge that the agency’s beef is with the U.S. Department of Education.

  • July 13, 2018

    Construction Co. Says DOD Owes $2M For Hospital Work

    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.

Expert Analysis

  • Opinion

    3 Pros, 3 Cons Of Litigation Finance

    Ralph Sutton

    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.

  • What To Expect From OTA Protests And Disputes

    Stuart Turner

    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.

  • Modern Communication Brings E-Discovery Challenges

    Thomas Bonk

    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.

  • Opinion

    DOJ Should Encourage The Bid-Rigging Whistleblower

    Robert Connolly

    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.

  • Opinion

    It's Not All About The Benjamins, Baby (Lawyer)

    J.B. Heaton

    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.

  • Series

    Judging A Book: Hood Reviews 'Lawyering From The Inside Out'

    Judge Denise Hood

    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.

  • Acetris Case Clarifies Definition Of 'US-Made End Product'

    Stephen Ruscus

    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.

  • The Russian Exorcism Of US Gov't Contracts

    Franklin Turner

    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.

  • 3 Top E-Discovery Case Law Lessons Of 2018 (So Far)

    Casey Sullivan

    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.

  • When Bid Protester Is Promised Agency Fix And Doesn't Get It

    Kenneth Weckstein

    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.