Government Contracts

  • March 22, 2017

    Budgetless Illinois Is Overspending By $6B, Experts Say

    Illinois will be billions of dollars short of what it's spending on government services and payments by the July start of the new fiscal year, and its mountain of ever-increasing debt will take extreme measures to shrink, state officials and policy experts told lawmakers this week.

  • March 22, 2017

    GAO Denies Challenge To Air Force's Nixed Contract Request

    A company challenging the U.S. Air Force’s decision to cancel bidding on a contract to remanufacture F-16 heat exchangers waited too long to accuse the agency of creating ambiguity during its discussion of the contractor’s proposal, according to a U.S. Government Accountability Office decision released Wednesday.

  • March 22, 2017

    Maryland Hospital Co. Can’t Shake FCA Suit, But Others Can

    An Illinois federal judge Wednesday dismissed a trio of health care systems from a suit alleging False Claims Act violations, but told Maryland-based MedStar Health Inc. that it couldn’t escape claims by a former employee that it billed federal insurance programs for unnecessary inpatient admissions.

  • March 22, 2017

    DOD Continues To Fall Short Of Contract Competition Goal

    The Defense Procurement and Acquisition Policy office this week released its acquisition competition scorecard for the first quarter of fiscal year 2017, noting the U.S. Department of Defense had improved over its performance in the same quarter of 2016 but is still falling short of its competition goal.

  • March 22, 2017

    Wash. Tribe Freed From Ex-Health Exec's FCA Allegations

    A federal judge Tuesday tossed False Claims Act allegations that a former health executive asserted against the Sauk-Suiattle Indian Tribe of Washington, but let his claims against a health clinic and three individuals carry on.

  • March 22, 2017

    8th Circ. Affirms Construction Co. Win In Retaliation Suit

    The Eighth Circuit on Tuesday shot down a woman's lawsuit alleging her government contractor employer violated her civil rights through sexual harassment and retaliation, saying the claims lacked evidence. 

  • March 22, 2017

    FERC Billing Practices Benefit Bad Actors, 9th Circ. Told

    California's public utilities took their running 15-year battle over the Federal Energy Regulatory Commission’s handling of the state’s 2000-01 energy crisis back to the Ninth Circuit on Wednesday, arguing that FERC's billing process cancels refund credits, benefiting the very energy providers that contributed to the crisis.

  • March 22, 2017

    Ex-Allentown Official To Plead Guilty In Pay-To-Play Scheme

    The former managing director of the city of Allentown, Pennsylvania, has agreed to plead guilty to his role in facilitating a pay-to-play scheme in a $3 million contract to upgrade the city's street lights, and also agreed to testify against others facing charges in the probe.

  • March 22, 2017

    GSA Auditor Knocks Transition To New Services Schedule

    A U.S. General Services Administration watchdog on Tuesday criticized the agency’s 2015 transition of existing contracts into the then-new Professional Services Schedule, saying it had failed to follow both federal regulations and its internal policies when negotiating the transition.

  • March 22, 2017

    GAO Says It Can Judge Intergovernmental Contracts

    The Government Accountability Office asserted Tuesday that it has the authority to consider protests to intergovernmental support agreements, awarded to local governments by federal agencies seeking contractors, even as it rejected the specific challenge to a U.S. Army garbage collection project award.

  • March 22, 2017

    Jury Convicts Drug Return Co., CEO In $116M Fraud Case

    A Pennsylvania federal jury on Wednesday convicted a drug refund company, its CEO and its chief financial officer on charges that they stole $116 million worth of refunds from pharmaceutical manufacturers and then obstructed a subsequent investigation into the scheme.

  • March 22, 2017

    Lockheed CEO Says Trump Intervention Helped Seal F-35 Deal

    Lockheed Martin Corp. CEO Marillyn Hewson on Tuesday said that President Donald Trump’s criticism of the costs of the F-35 were fair, and that the president’s intervention in negotiations for a recent purchase lot of the fighter jet was both appropriate and had helped secure the deal.

  • March 22, 2017

    Belize Asks 11th Circ. To Rethink $22M Telecom Deal Row

    The government of Belize urged the Eleventh Circuit on Tuesday to rethink its decision declining to dismiss a claim the country owes more than $22 million for leased telecommunications equipment, arguing the panel created a circuit split when it failed to consider Belizean law.

  • March 22, 2017

    Army Employee Accused Of Taking Bribes For NJ Contracts

    A U.S. Army employee was charged Wednesday with accepting more than $150,000 in bribes from two individuals in exchange for his assistance with securing contracts for renovation projects at military facilities in New Jersey, acting U.S. Attorney William E. Fitzpatrick announced.

  • March 22, 2017

    Plaintiffs Bar Perspective: Beasley Allen's Dee Miles

    Our civil justice system corrects civil wrongs with a measure of monetary compensation, and often times monetary punishment damages, but this is not the driving force behind a typical plaintiffs attorney. It’s the cause that drives the plaintiffs bar, says Dee Miles of Beasley Allen Crow Methvin Portis & Miles PC.

  • March 22, 2017

    4 Must-Knows For Developers As Trump Cabinet Ramps Up

    The real estate community remains hopeful that developer-turned-president Donald J. Trump may enact changes in Washington that benefit commercial real estate, but questions still abound, lawyers say, and keeping a few things in mind can help developers ride out the present uncertainty.

  • March 21, 2017

    Amid Uncertainty, Foreign Contracting Could Bring Profits

    The new administration’s proposed shift in spending priorities, coming amid an already uncertain federal contracting environment, may prompt contractors to look for public procurement opportunities outside the U.S., but experts say they should also be aware of the specific challenges that come with them.

  • March 21, 2017

    Trump Names New Chief Judge For Federal Claims Bench

    President Donald Trump has announced his pick for chief judge of the U.S. Court of Federal Claims is Susan G. Braden, a former Baker & McKenzie LLP attorney with intellectual property expertise who has served on the court since 2003.

  • March 21, 2017

    Mobil Cerro Negro Suit Can't Be Unfrozen Yet, Court Told

    Venezuela urged a New York federal court Tuesday to hold off on allowing an Exxon Mobil Corp. subsidiary to forge ahead with enforcing $188 million of a $1.6 billion award issued following the expropriation of its oil investments, saying issues remain with regard to how the litigation was filed.

  • March 21, 2017

    FCC’s Clyburn Slams Potential Lifeline 'Poor Tax'

    Federal Communications Commissioner Mignon Clyburn warned Tuesday that the low-income Lifeline program is facing threats from the Republican majority at the FCC, cautioning of a possible “poor tax” and blasting the GOP for erecting regulatory barriers for Lifeline while decrying them elsewhere.

Expert Analysis

  • 10 Tips For Better Legal Negotiations

    Marc J. Siegel

    Like everything else, the art of negotiation starts by having a conversation. It’s about being respectful, finding common ground, knowing what you want and, most importantly, listening. A conversation between two lawyers can be complicated at best, but by employing a few techniques and tactics, it doesn’t have to be that way, says Marc Siegel of Siegel & Dolan Ltd.

  • The Latest On Statistical Sampling In FCA Cases

    Demme Doufekias

    Although the Fourth Circuit's recent Agape decision failed to provide the more definitive guidance about statistical sampling that False Claims Act practitioners on both sides were hoping for, it does offer an opportunity to look at trends emerging from recent settlements and court decisions involving sampling, say Demme Doufekias and Catherine Chapple of Morrison & Foerster LLP.

  • Monthly Column

    Gray Matters: Decision Error

    Gray Matters

    Lawyers make hundreds of decisions during the course of advising a client, consummating a transaction or litigating a case. In this new column, dispute resolution experts Bob Creo and Selina Shultz explore the theory, science and practical aspects of how decisions are made in the legal community.

  • Opinion

    MWI Case Shows The False Claims Act Needs A Change

    William E. Bucknam

    While the U.S. Supreme Court recently ended the 18-year MWI False Claims Act case, the company has absolutely no hope of ever recouping the millions of dollars in lost business or the significant legal fees it spent fighting what was deemed a meritless case brought by the government. The time has come for Congress to amend the FCA, say William Bucknam of MWI Corp. and Robert Rhoad of Sheppard Mullin Richter & Hampton LLP.

  • Law Schools And Law Firms: Seeking Common Ground

    Randy Gordon

    What we don’t know is whether the teaching and practice of law are undergoing massive structural changes or we’re still digging out from the worst economic collapse since the Depression. But what we do know is that the missions of the most forward-looking law schools and law firms are converging in ways that were unimaginable 10 years ago, says Randy Gordon, a partner at Gardere Wynne Sewell LLP and executive professor of law at Te... (continued)

  • Not From Around Here? Trying A Case As An Out-Of-Towner

    William Oxley

    The importance of authenticity is magnified when trying a case outside your home jurisdiction. While using references to local landmarks or history can help make arguments relatable, adopting local expressions or style in an attempt to ingratiate oneself with the judge and jury almost always backfires, say William Oxley and Meghan Rohling Kelly of Dechert LLP.

  • A Wake-Up Call For Those Claiming 'Made In USA' Products

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    The ruling by the U.S. Court of International Trade in the Energizer Battery case has important implications for importers and manufacturers making "Made in USA" claims for products made of imported components, says Laura Rabinowitz of Kelley Drye & Warren LLP.

  • Health Care Bankruptcy: Not An Ordinary Chapter 11 Case

    David A. Samole

    For the remainder of 2017, due in part to the current uncertainty in the health care industry and its legislative oversight, more financially distressed providers are considering Chapter 11 bankruptcy. However, health care provider Chapter 11 cases are multifaceted and include additional parties and issues compared to standard Chapter 11 cases, says David Samole of Kozyak Tropin & Throckmorton LLP.

  • How The Most Profitable Law Firms Structure Their C-Suites

    Anita Turner

    The most successful Am Law 200 law firms have evolved from being partner-run to being run by a group of highly skilled professionals reporting to firm shareholders. The data collected from our recent survey indicates this model is generally conducive to increased profitability, says Anita Turner, senior director at Colliers International.

  • Settlement Strategy: What Does The Client Really Want?

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    The best outside counsel think like the client. That includes understanding the client’s perspectives and goals with regard to reaching a settlement — because “good results” mean different things for different clients. Outside counsel must ask themselves the right questions, and know the answers, to shape a client-focused settlement strategy, say Kate Jackson of Cummins Inc. and Patrick Reilly of Faegre Baker Daniels LLP.