Government Contracts

September 20, 2023
Newman's Suspension Met With Concern And Questions

Wednesday's suspension of Federal Circuit Judge Pauline Newman by her colleagues amid an investigation into her mental fitness is an unfortunate outcome in a difficult case, which raises questions about the acrimonious process and does not reflect well on the court, experts said.
September 20, 2023
States' Rights, Trans Protections To Collide At 4th Circ.

The full Fourth Circuit will hear arguments Thursday from state-run health plans in North Carolina and West Virginia challenging lower court decisions finding that their coverage exclusions for gender dysphoria treatments amount to unlawful discrimination, weighing in on two cases that experts say could impact employee benefit plans nationwide. Here's what to watch as the states and health plan participants square off before the Fourth Circuit.
September 20, 2023
Colorado Justices Debate City's Injury Claim In Water Suit

The Colorado Supreme Court Wednesday questioned whether the city of Golden had the right, in a lawsuit seeking approval of a protocol managing the Green Mountain Reservoir, to raise alleged injuries to its water rights from the protocol, with justices pressing the city on why it didn't bring a separate lawsuit or raise its concerns earlier.
September 20, 2023
Alaska Co. Loses Protest Of $103M Marine Corps Support Deal

The U.S. Government Accountability Office denied an Alaskan telecommunications contractor's protest of a $102.9 million contract for support services at the largest U.S. Marine Corps base Wednesday, saying a rating the contractor argued it should've received wasn't applicable to the deal.
September 20, 2023
Mexico Says USMCA Doesn't Permit Keystone-Style Claims

The government of Mexico has said a defunct North American trade pact didn't preserve parties' right to arbitration over legacy investments, appearing to support the U.S. position in a challenge to the Biden administration's decision to cancel the Canadian-developed Keystone XL pipeline.
September 20, 2023
Drug Cos. Don't Always Provide Required Discounts To Gov't

A U.S. Department of Veterans Affairs watchdog said Wednesday that drugmakers are failing to provide legally required discounts to federal agencies for hundreds of drugs, potentially resulting in $28.1 million in overcharges to the VA and U.S. Department of Defense.
September 20, 2023
General Dynamics CEO Will Remain In Yemeni Civil War Suit

General Dynamics' CEO can't exit a lawsuit alleging the company supplied weapons to a Saudi-led coalition involved in Yemen's civil war after a D.C. federal judge on Wednesday rejected her contention that she had never been served with legal documents.
September 20, 2023
Fluor Inks Deal To End Claims Board Covered Up Bad Bidding

A Texas federal judge has granted partial final approval to a settlement resolving a derivative suit against the top brass of engineering and construction giant Fluor Corp. over claims that they covered up Fluor's improper bidding practices for years and caused billions of dollars in losses to the company.
September 20, 2023
Smartmatic 'Never Going To Be Dominion,' Says Fox Atty

A lawyer for Fox News signaled during a Manhattan state court hearing Wednesday that its $788 million defamation settlement with Dominion Voting Systems does not guarantee a similar payday for Smartmatic, saying the other voting technology company is "never going to be Dominion."
September 20, 2023
Medicaid Contractor Sues Colo. Over Uber Payment Denial

A health care provider that billed the Colorado state government for Uber transportation services for its clients says its Medicaid contract was unfairly terminated and that it had to shut down in the wake of the state's refusal to cover those services, according to a lawsuit in Colorado state court.
September 20, 2023
Newman Given 1-Year Suspension For Refusing Medical Tests

Federal Circuit Judge Pauline Newman was suspended Wednesday from hearing any cases for one year, after the court's other active judges said their 96-year-old colleague derailed an investigation into whether she is mentally fit to serve as judge by not agreeing to medical tests.
September 20, 2023
Mozambique's $2B Case Can Be Heard In UK, Top Court Says

Britain's highest court ruled Wednesday that Mozambique's bribery lawsuit against an Abu Dhabi-based shipbuilder over a $2 billion corruption scandal could be heard in England's courts rather than in arbitration in Switzerland.
September 19, 2023
New Jersey Shore Town Wants Pot Co.'s Zoning Suit Tossed

A city in New Jersey wants a federal court to nix a lawsuit alleging a company's application for a medical cannabis facility was unfairly stifled by the local government because the plaintiff did not establish that it has a property stake protected by due process, among other failures of the suit, according to a dismissal bid from the municipality.
September 19, 2023
'Conduit' For Ga. Concrete Bid-Rigging Cuts Probation Deal

A former cement salesman pled guilty Tuesday in Georgia federal court to his role in an alleged conspiracy to fix prices and rig bids for $83 million of ready-mix concrete in the Savannah, Georgia, area under a deal designed to spare the "conduit and messenger" between co-conspirators prison time.
September 19, 2023
NASA Adds New Slots To RAPID IV Spacecraft Contract

The U.S. National Aeronautics and Space Administration on Tuesday opened up new slots to its multibillion-dollar Rapid Spacecraft Acquisition, or Rapid IV, vehicle for the agency to order spacecraft and related services.
September 19, 2023
Group Says Feds Must Keep Wis. Tribe From Blocking Roads

A group of Wisconsin residents says the federal government had an obligation in January to prevent a local Native American tribe from barricading roads into its reservation for three months, claiming the action "imprisoned" some inside their homes for fear if they left to get provisions they wouldn't be allowed to return.
September 19, 2023
Valeant Says 9th Circ.'s FCA Disclosure Ruling Went Too Far

The drugmaker behind a major bowel disease treatment said that a Ninth Circuit panel split with "at least eleven" other appeals courts when it ruled that putting together disclosures from patent proceedings could underpin a patent lawyer's use of whistleblower laws to go after the pharmaceutical company over claims of fraud.
September 19, 2023
DOD Looks To Boost Domestic Rare Earth Magnet Production

The U.S. Department of Defense awarded E-VAC Magnetics LLC $94.1 million to build a permanent production facility in the U.S. for rare-earth magnets used in F-35 fighter jets and military drones, according to a Tuesday announcement.
September 19, 2023
House GOP Concerned VA Not Meeting 'Duty' To 'Buy America'

Republican House Committee on Veterans' Affairs lawmakers say they are concerned the Department of Veterans Affairs has not been supporting U.S. producers and their goods, questioning the department's use of waivers for statutes like the Biden administration's Build America, Buy America Act.
September 19, 2023
NC Doctor Was Misled In $11M Medicare Fraud, Jury Told

Prosecutors are using a Charlotte, North Carolina, doctor accused of submitting $10.9 million worth of bogus claims for Medicare reimbursements as a scapegoat, her defense attorneys told a federal jury Tuesday, saying she never had any intention of defrauding the government.
September 18, 2023
Divided 10th Circ. Tosses Part of EPA Air Plan For Denver

The Tenth Circuit on Monday struck down a portion of a clean air plan for the Denver area, finding that it unlawfully allows for exceptions to temporary emissions, though the panel majority also held that the U.S. Environmental Protection Agency gave adequate notice of the rule while it was being crafted.
September 18, 2023
Small Biz Wants To Halt SBA Program For Disadvantaged

A staffing agency challenging a Small Business Administration program that gives minority-owned small businesses better access to government contracts has urged a Tennessee federal judge to halt the program, saying the company has been discriminatorily shut out of certain deals.
September 18, 2023
Gov't Says Hospital Profited Via Kickbacks To Sober Homes

A Massachusetts-based substance abuse treatment provider allegedly steered thousands of Medicare and Medicaid patients to its outpatient program with promises of free sober housing, in violation of federal and state anti-kickback and false claims laws, the U.S. Attorney's Office in Massachusetts said Monday.
September 18, 2023
Feds Take Tribal Reimbursement Question To High Court

The U.S. government is asking the U.S. Supreme Court to weigh in on whether it must reimburse certain administrative costs for Native American tribes who provide insurer-funded health care services to their members, warning that such an arrangement could cost as much as $2 billion annually.
September 18, 2023
Fla. Casinos To Take Seminole Gaming Dispute To High Court

Two Florida casino operators teed up an appeal to the U.S. Supreme Court in their challenge to a gambling pact that the operators say gives the Seminole Tribe an illegal monopoly over online sports betting in the Sunshine State, urging the D.C. Circuit to pause the implementation of a ruling that upheld the compact.

Editor's Picks

The Latest On Escobar's FCA Impact

Federal courts across the country are handing down important rulings interpreting the U.S. Supreme Court’s landmark decision on False Claims Act liability in Universal Health Services v. Escobar. As the rulings keep pouring in, stay up to speed on Law360’s latest coverage and analysis of Escobar’s impact.

Expert Analysis

Not To Be Outpaced: How The 2024 NDAA Addresses China

Both the House and Senate versions of the 2024 National Defense Authorization Act include numerous provisions aimed at strengthening U.S. deterrence and competitive positioning vis-à-vis China, while imposing significantly more disruptive burdens on government contractors and their suppliers than in prior years, say attorneys at Covington.
How To Protect Atty-Client Privilege While Using Generative AI

When using generative artificial intelligence tools, attorneys should consider several safeguards to avoid breaches or complications in attorney-client privilege, say Antonious Sadek and Christopher Campbell at DLA Piper.
How New Lawyers Can Leverage Feedback For Growth

Embracing constructive criticism as a tool for success can help new lawyers accelerate their professional growth and law firms build a culture of continuous improvement, says Katie Aldrich at Fringe Professional Development.
Bracing For Rising Cyber-Related False Claims Act Scrutiny

Two recent cyber-related False Claims Act cases illustrate the vulnerability of government contractors, including universities, obliged to self-attest compliance with multiple controls, signal the importance of accurate internal controls and underline the benefits of self-disclosure, say Townsend Bourne and Nikole Snyder at Sheppard Mullin.
Corporate Compliance Lessons From FirstEnergy Scandal

Fallout from a massive bribery scheme involving Ohio electric utility FirstEnergy and state officeholders — including the recent sentencing of two defendants — has critical corporate governance takeaways for companies and individuals seeking to influence government policymaking, say attorneys at Wilson Sonsini.
Twitter Legal Fees Suit Offers Crash Course In Billing Ethics

X Corp.'s suit alleging that Wachtell grossly inflated its fees in the final days of Elon Musk’s Twitter acquisition provides a case study in how firms should protect their reputations by hewing to ethical billing practices and the high standards for professional conduct that govern attorney-client relationships, says Lourdes Fuentes at Karta Legal.
Self-Disclosure Lessons From Exemplary Corp. Resolutions

With scant examples of corporate resolutions in the wake of U.S. Department of Justice self-disclosure policy changes last fall, companies may glean helpful insights from three recent declination letters, as well as other governmental self-reporting regimes, say Lindsey Collins and Kate Rumsey at Sheppard Mullin.
ABA's Money-Laundering Resolution Is A Balancing Act

While the American Bar Association’s recently passed resolution recognizes a lawyer's duty to discontinue representation that could facilitate money laundering and other fraudulent activity, it preserves, at least for now, the delicate balance of judicial, state-based regulation of the legal profession and the sanctity of the attorney-client relationship, say attorneys at Ballard Spahr.
8 Ways Life Sciences Cos. Can Adapt To The Social Media Era

As pharmaceutical and medical device companies harness the powerful promotion potential of social media, they must navigate legal, regulatory and reputational risks that can be particularly challenging due to the complex framework of rules that apply to the life sciences industry, say attorneys at Troutman Pepper.
Bid Protest Spotlight: Unfair Advantage, Buy American Waiver

In this month's bid protest roundup, James Tucker at MoFo offers takeaways on one decision that considers unfair proposal development advantages in the context of an employee's access to nonpublic information in a prior federal government position, and another decision that reconsiders a contract award based on an inadequately supported waiver of Buy American Act restrictions.
Prevailing Wage Rules Complicate Inflation Act Tax Incentives

Nicole Elliott and Timothy Taylor at Holland & Knight discuss the intersection between tax and labor newly created by the Inflation Reduction Act, and focus on aspects of recent U.S. Department of Labor and U.S. Department of the Treasury rules that may catch tax-incentive seekers off guard.
Law Firm Professional Development Steps To Thrive In AI Era

As generative artificial intelligence tools rapidly evolve, professional development leaders are instrumental in preparing law firms for the paradigm shifts ahead, and should consider three strategies to help empower legal talent with the skills required to succeed in an increasingly complex technological landscape, say Steve Gluckman and Anusia Gillespie at SkillBurst Interactive.
Industry Takeaways From OMB's Final Buy America Guidance

The Office of Management and Budget's recently released guidance on "Buy America" requirements for federal infrastructure projects provides clarity in certain areas but fails to address troublesome inconsistencies with state laws and international trade agreements, so manufacturers and suppliers will need to tread carefully as agencies implement the changes, say Amy Hoang and Sarah Barney at Seyfarth Shaw.
HHS Neuromonitoring Advisory May Have Broad Relevance

The Health Department Office of Inspector General's recent advisory opinion rejecting a neuromonitoring service's proposal for a shell arrangement isn't surprising, but it could be a harbinger of more warnings against problematic joint venture arrangements to come, says Mary Kohler at Kohler Health Law.
The Basics Of Being A Knowledge Management Attorney

Excerpt from Practical Guidance

Michael Lehet at Ogletree Deakins discusses the role of knowledge management attorneys at law firms, the common tasks they perform and practical tips for lawyers who may be considering becoming one.