Government Contracts

  • November 22, 2017

    NH Hospitals Fight To Keep CMS Suit Win At 1st Circ.

    New Hampshire hospitals pressed the First Circuit to uphold a ruling against the Centers for Medicare & Medicaid Services for altering a reimbursement policy in a frequently-asked-questions document, telling the appeals court that the agency flouted the normal rulemaking process and exceeded its legal authority.

  • November 22, 2017

    Contractor Prevails In Iraq Armored Fleet Row With Army

    The U.S. Army violated the terms of a security contract when it donated light armored vehicles to the Iraqi government rather than offering to resell them to the defense contractor who provided them as agreed, according to a decision from the Armed Services Board of Contract Appeals.

  • November 22, 2017

    GAO Says DHS Uniforms Mostly Foreign-Made, Despite Policy

    Despite a statutory requirement that the U.S. Department of Homeland Security purchase uniforms and body armor made by U.S. manufacturers, exemptions to the policy mean that DHS and its component agencies actually get the majority of their uniforms from foreign sources, the U.S. Government Accountability Office said on Tuesday.

  • November 22, 2017

    Ex-Virginia Tech Professor Charged In Alleged Grant Fraud

    A Virginia federal grand jury Tuesday charged a former bioengineering professor at Virginia Tech with seven felony counts stemming from his alleged fraudulent application for federal grants, the U.S. Department of Justice announced Wednesday.

  • November 22, 2017

    Nonprofit Backs Office Depot In False Claims Coverage Row

    A nonprofit policyholder group has urged the Ninth Circuit to revive a coverage dispute between Office Depot and a unit of AIG, arguing that the lower court ruling could drastically curtail coverage in California False Claims Act cases.

  • November 22, 2017

    Gov't Watchdog Criticizes OMB's Oversight Of IT Investments

    A government watchdog agency took exception Tuesday to the way the Office of Management and Budget conducts oversight on critical information-technology investments from the government, saying the office was too slow in releasing required reports, among other critiques.

  • November 22, 2017

    Waiver On L3 Background Check Form Violates FCRA: Suit

    An employee of military contractor L3 Technologies Inc. on Tuesday filed a putative class action in California federal court alleging the company's onboarding paperwork violates the Fair Credit Reporting Act by combining background check consent and a liability waiver on the same form.

  • November 22, 2017

    Amerisource Cuts $625M FCA Deal Over Repacked Drugs

    Pharmaceutical giant AmerisourceBergen Corp. has struck a $625 million deal to settle the government’s False Claims Act investigation into the drug wholesaler’s practice of repackaging and selling injectable drugs, allegedly without regard to product purity, according to documents filed with U.S. securities regulators Tuesday.

  • November 22, 2017

    Fla. Woman Gets 6.5 Years, Owes $45M For Medicare Fraud

    A Florida woman who was accused of a $45 million Medicare fraud received a six-and-a-half-year prison sentence Tuesday following a U.S. Supreme Court decision in her case last year holding that the government could not freeze untainted assets.

  • November 21, 2017

    FCA Enforcement Under Sessions DOJ Offers More Of The Same

    Nearly a year into the Trump administration, False Claims Act enforcement remains largely unchanged, with the continuing ramifications of the landmark Escobar decision having a much greater impact on the way FCA cases are playing out than the change in U.S. Department of Justice leadership, attorneys say.

  • November 21, 2017

    DC Circ. Rebuffs Bid To Block New Detroit-Canada Bridge

    The D.C. Circuit rejected a bid by the private owners of the Ambassador Bridge to invalidate the approval of a new public span between Detroit and Canada, ruling Tuesday that Michigan and federal officials acted within their authority and that Congress never promised the company permanent exclusivity or profitability.

  • November 21, 2017

    Fla. Hospital Faces FCA Suit Over Alleged Referral Scheme

    A whistleblower is calling out Naples Community Hospital Inc. in Florida federal court for allegedly orchestrating an illegal kickback scheme with physicians who offered patient referrals resulting in millions of fraudulently obtained dollars from Medicare and Medicaid.

  • November 21, 2017

    Whistleblower Attys Fight Sanctions In Hastert Case

    Illinois attorneys who represented a whistleblower in an unsuccessful suit against former U.S. House Speaker Dennis Hastert for alleged misuse of government funds are seeking to overturn sanctions imposed on them for pursuing the litigation in the face of what the court deemed case-ending evidence.

  • November 21, 2017

    Sanofi Wins Fees After Ditching 'Clearly Frivolous' FCA Suit

    Amphastar Pharmaceuticals Inc. must pay Sanofi-Aventis' attorneys' fees for filing a “clearly frivolous” False Claims Act suit against the company's predecessor alleging the blood thinner Lovenox was improperly patented, as Amphastar knew it wasn’t eligible to bring such a suit, a California federal judge ruled Monday.

  • November 21, 2017

    DOJ Cleared To Split Up $350M Shire Deal For Whistleblowers

    A Florida federal judge signed off Monday on the U.S. Department of Justice’s apportionment plans for payouts from a $350 million False Claims Act settlement with biotech company Shire, with two of six whistleblower suits getting more than 95 percent of the proceeds, which must still be tabulated.

  • November 21, 2017

    Big Purchases Bust Budget In $650B Senate Defense Bill

    The Senate Appropriations Committee unveiled a budget-busting $650.8 billion defense bill Tuesday, with a plan that focuses heavily on new purchases and would blow past spending caps.

  • November 21, 2017

    Researcher Can't Revive FCA Counterclaims Against Feds

    A South Dakota federal judge rejected a bid to revive counterclaims by a researcher convicted of fraudulently obtaining a research grant by claiming work was done by a postdoctoral candidate who couldn’t get an H-1 visa, finding Monday that sovereign immunity shields the government from his claims of malicious prosecution.

  • November 21, 2017

    Watchdog Sees Nothing Shady In $2M Afghan Warehouse Deal

    A government watchdog investigation did not find evidence to support allegations of waste on a U.S. Army Corps of Engineers contract for warehousing services in Afghanistan, according to a report made public this week, which found that the details of the complaint were inaccurate.

  • November 21, 2017

    Tanzania Claims Immunity In Engineering Co.'s $41M Suit

    Tanzania asked a D.C. federal judge Monday to toss an English civil engineering company’s $41.4 million suit seeking to enforce two foreign judgments stemming from arbitral awards against the country that came out of a dispute over a road rehabilitation project, saying the court lacks jurisdiction.

  • November 21, 2017

    CRS Looks At Pros, Cons Of 'Adversary' Contractors At DOD

    The possibility of hiring outside contractors to fly simulated “adversary” aircraft to train American combat pilots may be an issue in the next round of defense budget talks as the U.S. Department of Defense looks to fill pilot and readiness shortfalls, the Congressional Research Service said last week.

Expert Analysis

  • A Look At Argentina’s New Anti-Corruption Law

    kim Nemirow

    Argentina took a significant step this month in its efforts to combat corruption. The law creates corporate criminal liability and will have a material impact on a number of companies that now must comply or face significant potential penalties or debarment, say Kim Nemirow and Lucila Hemmingsen of Kirkland & Ellis LLP and Gustavo Morales Oliver of Marval O'Farrell & Mairal.

  • Roundup

    Judging A Book

    Alexander Hamilton and the Development of American Law

    Are the latest books on the judicial system worth reading? Federal judges share their thoughts in this series of book reviews.

  • Don't Waste This Planning Cycle: Year-End Strategies

    Hugh A. Simons

    Law firms are businesses where partners operate with significant autonomy. To see their priorities translate into individual partner action, firm leaders should use a few collaborative strategies, suggests Hugh A. Simons, former senior partner of The Boston Consulting Group and former COO of Ropes & Gray LLP.

  • From Snaps To Tweets: The Craft Of Social Media Discovery

    Matthew Hamilton

    Courts have consistently held that social media accounts are subject to established discovery principles but are reluctant to allow parties to rummage through private social media accounts. Recent case law confirms that narrowly tailored information requests get the best results, say Matthew Hamilton, Donna Fisher and Jessica Bae of Pepper Hamilton LLP.

  • An Interview With Former DHS Secretary Jeh Johnson

    Randy Maniloff

    Jeh Johnson, the former secretary of homeland security, was kind enough to let me visit him to reflect on his diverse career. He told stories that left me speechless. And yes, the man who was responsible for the Transportation Security Administration removed his shoes when going through airport security. You bet I asked, says Randy Maniloff of White and Williams LLP.

  • Series

    Judging A Book: Gilstrap Reviews 'Alexander Hamilton'

    Judge Rodney Gilstrap

    While Alexander Hamilton is the subject of a hit Broadway musical and renewed biographical examinations, professor Kate Brown takes us down a road less traveled in her book "Alexander Hamilton and the Development of American Law" — showing Hamilton as first, last and foremost an American lawyer, says U.S. District Judge Rodney Gilstrap of the Eastern District of Texas.

  • The Case For Creating A Mediation Department At Your Firm

    Dennis Klein

    There are at least four reasons supporting the need for some form of a mediation group within a law firm, especially in firms with larger practices, according to Dennis Klein, owner of Critical Matter Mediation and former litigation partner at Hughes Hubbard & Reed LLP.

  • Post-Escobar Guardrails And Policy-Setting Relators

    Rebecca Martin

    The Fifth Circuit's decision in U.S. v. Trinity is the most recent addition to a remarkable run of appellate decisions affirming dismissal of False Claims Act cases on materiality grounds. Trinity, however, stands apart from the crowd in a number of ways, says Rebecca Martin of McDermott Will and Emery LLP.

  • Being There: Defending Depositions

    Alan Hoffman

    Defending depositions is challenging. The lawyer is the only shield and protector for the witness and the client. The rules of engagement are less than clear, and fraught with ethical perils. Difficult judgment calls often must be made in the heat of battle. This is where lawyers really earn their keep, says Alan Hoffman of Husch Blackwell LLP.

  • 3 Recent Bid Protest Decisions You Should Know About

    Thomas McLish

    Three October bid protest decisions from the U.S. Court of Federal Claims and the Government Accountability Office — in Sonoran, IPKeys and CliniComp — may affect how government contractors approach the proposal and protest process, say attorneys with Akin Gump Strauss Hauer & Feld LLP.