Government Contracts

  • September 30, 2022

    The 5 Biggest Cases This Supreme Court Term

    The reversal of constitutional abortion protections last term has court watchers wondering: Is affirmative action next? But the lawsuits against Harvard University and the University of North Carolina are far from the only blockbusters on the docket in what is likely to be another landslide term for conservatives. Here, Law360 breaks down five cases to watch. 

  • September 30, 2022

    Judge Chides Atty For Misleading Court On Key Fact

    The federal claims court chided a Texas attorney for misrepresenting when and why a contractor was suspended from a construction project, saying the attorney knowingly deceived the court on an issue critical to his client's $700,000 surety reimbursement claims.

  • September 30, 2022

    Law360's The Term: A New Normal For The Supreme Court?

    As the U.S. Supreme Court prepares for the 2022-2023 term with a slate of new blockbuster cases, the fallout from last term's Dobbs decision and its leaked draft is still reverberating. And while pandemic-era restrictions at the court are loosening, the hosts discuss with veteran court reporter Amy Howe what kind of "new normal" to expect at the high court.

  • September 30, 2022

    Boeing Says False Claims Missing In Air Force One FCA Suit

    Boeing has urged a Washington federal court to dismiss a False Claims Act suit alleging it used an unqualified subcontractor on a $3.9 billion contract to build Air Force One aircraft, saying the relator hadn't alleged any specific false claims.

  • September 30, 2022

    Taft Adds Former Homeland Security Attorney To DC Office

    A litigator with experience at both the U.S. Department of Homeland Security and the U.S. Department of Education has joined Taft Stettinius & Hollister LLP's office in Washington, D.C., the latest addition as the firm seeks to grow its presence in the district.

  • September 30, 2022

    No Signs Of Supreme Court's Conservatives Slowing Down

    The U.S. Supreme Court's last term was considered by many to be the most consequential in a generation as the court's conservative justices delivered key victories on abortion and guns. But one quick glance at the new term's docket suggests this new supermajority has only just begun shifting the law to the right.

  • September 30, 2022

    Clark Partington Facing DQ Bid In Fla. Whistleblower Case

    A former client of Clark Partington Hart Larry Bond & Stackhouse PA has asked a federal judge to disqualify the firm from representing a commercial pilot in a whistleblower case against him over his alleged illegal monopoly control of a northwest Florida airport.

  • September 30, 2022

    How Well Do You Know Supreme Court History?

    As the U.S. Supreme Court kicks off its October 2022 term, it's the perfect time to dive into the court's history. Law360 will try to stump you with this 10-question quiz about the court. 

  • September 30, 2022

    Cybersecurity & Trade Attys Join Goodwin In DC

    Goodwin Procter LLP has expanded its global trade and data, privacy and cybersecurity practices with the addition of two new attorneys in Washington, D.C., the firm announced Friday.

  • September 30, 2022

    UK Litigation Roundup: Here's What You Missed In London

    The past week in London has seen German software company Topalsson face a breach of contract claim from law firm CMS, Pfizer and BioNTech look for the cure to their patent woes in a claim against Moderna, and Alaska Airlines ready for departure in a commercial contracts claim against Virgin Aviation. Here, Law360 looks at these and other new claims in the U.K.

  • September 30, 2022

    Justice Ketanji Brown Jackson Takes Bench, Makes History

    Justice Ketanji Brown Jackson received her official commission Friday in a ceremony attended by President Joe Biden and Vice President Kamala Harris, becoming the first Black female justice to take the nation's top bench in its 230-year history.

  • September 29, 2022

    FCC Adopts 5-Year Deorbiting Rule For Low-Earth Satellites

    The Federal Communications Commission on Thursday unanimously approved a rule intended to mitigate orbital debris by requiring operators to take down satellites in low-Earth orbit, or LEO, within five years after use, despite congressional concerns that it lacked the authority to do so.

  • September 29, 2022

    DOD Says Cost-Reimbursement Deals Inconsistently Awarded

    The U.S. Department of Defense's internal watchdog reported that military contracting officers across the military's branches didn't consistently adhere to federal contracting policies when awarding high-risk cost-reimbursement contracts, increasing the chances the Pentagon would overpay for contracts.

  • September 29, 2022

    Inflation Sends Federal Contractor Wage Floor Up To $16.20

    The U.S. Department of Labor announced Thursday that federal contractors' hourly minimum wage, which was raised to $15 an hour under an executive order by President Joe Biden, will rise to $16.20 because of inflation.

  • September 29, 2022

    Centene To Pay $14M To Settle Mass. Medicaid Fraud Claims

    Centene Corp. will pay $14 million to settle claims that it cost Massachusetts' Medicaid program millions of dollars through overcharging, the state attorney general announced Thursday.

  • September 29, 2022

    MVP: WilmerHale's Andrew Shipley

    WilmerHale's Andrew Shipley successfully defended L3Harris Technologies' award of a classified contract in a U.S. Government Accountability Office protest, earning him a spot among Law360's 2022 Government Contracts MVPs.

  • September 28, 2022

    GAO Says Mistakes By Army Corps Don't Sink $78M Contract

    The U.S. Government Accountability Office has found the U.S. Army Corps made mistakes in the bidding process for a $78 million contract, but the GAO still backed the award decision, saying the errors in evaluating bidders' past performance history weren't enough to upend the deal.

  • September 28, 2022

    10th Circ. Panel Split On Whether DOL Can Justify Wage Hike

    A Tenth Circuit panel seemed divided Wednesday on whether President Joe Biden overstepped his authority when he mandated that federal contractors' hourly minimum wage be raised to $15, as the appellate court is mulling two outdoor groups' challenge to the wage hike.

  • September 28, 2022

    La. Health Clinic's Ex-CEO Convicted In Medicaid Fraud

    A federal jury found the former chief executive of a Louisiana health center guilty of orchestrating a scheme to defraud the state's Medicaid program by billing for fake psychotherapy classes and falsely diagnosing schoolchildren with mental health disorders.

  • September 28, 2022

    Ex-NASA Contractor Pleads Not Guilty In China Export Case

    A California man who worked for a NASA contractor pled not guilty Wednesday to violating U.S. export restrictions by covertly sending aeronautics software to a Beijing university, a federal charge that carries a possible 20-year prison sentence.

  • September 28, 2022

    MVP: Wiley's Brian Walsh

    A skilled litigator, Brian Walsh of Wiley Rein LLP this year defended a client in an unusual protest challenging its award for federal aerial firefighting services by another awardee of a similar contract, earning him a spot among Law360's 2022 Government Contracts MVPs.

  • September 27, 2022

    Biogen Whistleblower's $250M Award 'Extraordinary' For FCA

    A former pharmaceutical manager's $250 million cut of Biogen's $900 million payments-for-prescriptions settlement is among the largest whistleblower awards in U.S. history, delivering a shot of adrenaline to other False Claims Act cases not backed by the U.S. Department of Justice's muscle, attorneys said Tuesday.

  • September 27, 2022

    States Urge 5th Circ. To Revive Border Wall Construction

    Missouri and Texas asked the Fifth Circuit to reverse a lower court's decision to nix them from a consolidated suit challenging the Biden administration's decision to pause wall construction along the Southern border, saying they'd suffer financially without the wall.

  • September 27, 2022

    The High Court Cases Health And Life Sci Attys Are Watching

    The U.S. Supreme Court will kick off its new term by scrutinizing the litigation rights of nursing home residents and the False Claims Act powers of the U.S. Department of Justice, and the justices are also signaling interest in other FCA disputes, Uncle Sam's rulemaking authority and advertising by drug and device lawyers.

  • September 27, 2022

    Ex-Army Reservist Guilty Of Acting As Chinese Agent

    A Chinese national and former U.S. Army reservist was convicted by a Chicago federal jury of acting as an unregistered foreign agent for China, but was acquitted on related fraud charges.

Expert Analysis

  • Series

    Keys To A 9-0 High Court Win: Practicality Over Perfection

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    When I argued for the petitioner in Wooden v. U.S. last year, I discovered that preparation is key, but so is the right kind of preparation — in giving decisive answers to the U.S. Supreme Court justices' hypothetical questions I was not aiming for perfection, just the best response available, says Allon Kedem at Arnold & Porter.

  • What New Bar Exam Means For Law Students And Schools

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    Stephanie Acosta at UWorld discusses how law students and law schools can start preparing now for the new bar exam launching in 2026, which is expected to emphasize real-world lawyering skills-based tasks over rote memorization.

  • Apple's New Messaging Features Will Complicate E-Discovery

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    Apple's newest mobile operating system allows users to edit and recall messages and recover deleted messages, which could significantly increase the time, burden and expense of processing and analyzing cellphones if messages or their associated metadata become an area of scrutiny in a case, says Jarrett Coco at Nelson Mullins.

  • Law Firm Inclusion Efforts Often Overlook Business Staff

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    Law firms committed to a culture of universal inclusion can take steps to foster a sense of belonging in their business services teams, says Jennifer Johnson at Calibrate Consulting.

  • How Contractors Can Avoid Cybersecurity FCA Violations

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    Recent U.S. Department of Justice settlements and remarks underscore heightened focus on cybersecurity liability under the False Claims Act, so government contractors should consider compliance measures such as conducting periodic risk assessments, being responsive to employee concerns, and more, say attorneys at WilmerHale.

  • An Associate's Guide To Rebounding After A Layoff

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    Law firm associates laid off due to economic conditions can recuperate and move forward by practicing self-care, identifying key skills to leverage during the job search, engaging in self-reflection and more, say Kate Sheikh at Major Lindsey and wellness consultant Jarrett Green.

  • AML Regulation Of Lawyers Is Imminent And Controversial

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    The U.S. House of Representatives' recently passed National Defense Authorization Act subjects lawyers engaged in certain financial-related activities to anti-money laundering regulation under the Bank Secrecy Act, which could pit lawyers against clients in ways harmful to the rule of law and administration of justice, says Jeremy Glicksman at the Nassau County District Attorney’s Office in New York.

  • Weighing Risk And Reward Of Cooperating In FCA Civil Cases

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    While the practical but ill-defined benefits of self-disclosing corporate misconduct can make it difficult to decide whether to cooperate in civil False Claims Act investigations, unpacking the incentives in the U.S. Department of Justice cooperation guidelines and comparing outcomes in recent cases can help companies strategize, say Ellen London at London & Stout and former U.S. Assistant Attorney Li Yu.

  • Key Adaptations For Law Firms Amid Quiet Quitting Movement

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    While quiet quitting may not be sustainable at law firms with billable hour requirements, there are specific steps law firms should take to maintain engagement and otherwise respond to the trend's underlying message that associates won't spend all their waking hours at work if they don't feel it's worthwhile, says Meredith Kahan at Whiteford Taylor.

  • DC Circ. Damages Ruling May Sway FCA Litigation Strategy

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    The D.C. Circuit's recent U.S. v. Honeywell decision — giving a False Claims Act defendant credit for damages paid by co-defendants settling allegations of the same indivisible harm — will likely affect choice of forum and other aspects of FCA litigation planning for defendants and the U.S. Department of Justice alike, say Scott Stein and Meredith Greene at Sidley.

  • Creating A Hybrid Work Policy? Be Intentional And Inclusive

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    The pandemic has changed expectations for the future of work forever, and as more employees demand hybrid working options, law firms must develop policies and models that are intentional, inclusive and iterative to lead the industry into the future, says Manar Morales at the Diversity & Flexibility Alliance.

  • A Law Firm's Guide To Humane Layoffs As Recession Looms

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    Amid warnings of a global recession, law firms should prepare for the possibility of associate layoffs, aiming for an empathetic approach and avoiding common mistakes that make the emotional impact on departing attorneys worse, say Jarrett Green, a wellness consultant, and Kate Reder Sheikh at Major Lindsey & Africa.

  • FCA Defendants Should Consider 'Collateral Hope' Defense

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    Though False Claims Act defendants typically settle, they may be able to push back against plaintiffs alleging Anti-Kickback Statute violations with a promising but largely untested defense arguing that they were motivated by legal reasons distinct from "collateral hope" for referrals, says Franklin Monsour Jr. at Orrick.

  • What's Next For DOJ's COVID Enforcement In Health Care

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    As we enter the end of the third year of the pandemic, a few fraud-related trends and risks have emerged, necessitating important steps that health care and life sciences companies should take in light of continuing U.S. Department of Justice scrutiny, say attorneys at Arnold & Porter.

  • Learning From Trump And Bannon Discovery Strategies

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    Court-imposed sanctions on both former President Donald Trump and his former aide Steve Bannon for failing to comply with subpoenas illustrate that efforts to bar the door to valid discovery can quickly escalate, so litigants faced with challenging discovery disputes should adopt a pragmatic approach, say Mathea Bulander and Monica McCarroll at Redgrave.

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