Government Contracts

  • February 22, 2017

    IG Says DOD Euro Unit Not Fully Monitoring Defense Exports

    Failures in oversight by U.S. European Command over defense articles exported from the U.S. increase the risk that those items, such as night vision goggles and missiles, could be misused in their recipient countries, a Pentagon watchdog said in a report made public this week.

  • February 22, 2017

    Fla. House Speaker Sues Lottery Over New Vending Machines

    The head of Florida’s House of Representatives has hit the state’s lottery department with a lawsuit in state court that argues a new contract for lottery ticket vending machines illegally usurps the legislature’s power of the purse.

  • February 22, 2017

    Mining Co. Delaying Inevitable With Service Row, Court Told

    A British Virgin Islands-based raw materials company urged a Florida federal court Tuesday to reject alleged delay tactics by Venezuela's state-owned mining company, which says it wasn't properly served a petition to enforce an arbitral award in a dispute over iron ore contracts.

  • February 22, 2017

    Jury Awards $2.8M In Forest Service Airplane Crash Suit

    A Pennsylvania federal jury awarded $2.75 million on Tuesday to a USDA U.S. Forest Service employee's widow in a product liability trial over a fiery airplane crash.

  • February 22, 2017

    Telephone Co. Sues Navy Over Brand-Name Phone Restriction

    A maker of secure desk telephones told the U.S. Court of Federal Claims Tuesday the Department of the Navy acted arbitrarily and capriciously in imposing a brand-name restriction for acquisition of modified commercial phones from a rival company, in violation of the Competition in Contracting Act of 1984.

  • February 22, 2017

    Law360 Government Contracts Editorial Advisory Board

    Law360 is pleased to announce the formation of its 2017 Government Contracts editorial advisory board.

  • February 22, 2017

    Defense Chief Wants DOD To Combine Common Biz Services

    Defense Secretary James Mattis intends to streamline the business operations of the U.S. Department of Defense, directing Pentagon leaders in a memorandum made public Tuesday to identify common efforts that can be centralized in order to avoid unnecessary duplication between military services and save money.

  • February 22, 2017

    Activist Groups Wants Compliance In $250M Mining Row

    A coalition of labor groups and other activist organizations on Tuesday pressed Canadian-Australian firm OceanaGold Corp. to recognize an arbitration tribunal's decision to nix a subsidiary's $250 million claim against El Salvador over a stymied gold mining project.

  • February 22, 2017

    FCC's GC Defends Backing Down On Inmate Calling Rate Caps

    Brendan Carr, Federal Communications Commission's acting general counsel, on Tuesday defended the FCC’s decision not to defend its attempt to cap prison phone rates in a letter to Democratic lawmakers, saying the agency’s “well-intentioned efforts have not been fully consistent with the law.”

  • February 22, 2017

    Scientists Ask 11th Circ. to Nix $10.6M Fraud Conviction

    Two Florida scientists who were sentenced to prison and ordered to pay $10.6 million in restitution after they were convicted of fraudulently obtaining government research grants asked the Eleventh Circuit on Tuesday to scrap the judgment, arguing that the agencies involved weren't harmed because the work was still performed.

  • February 21, 2017

    Texas Barred From Cutting Planned Parenthood Funding

    A federal judge on Tuesday barred the state of Texas from pulling Medicaid funds from Planned Parenthood-affiliated clinics, saying the secretly recorded videos the Lone Star State held up as evidence that the clinics were profiting from selling aborted fetal tissue did not actually support the state's claims.

  • February 21, 2017

    Sidley-Authored Report On 9/11-Era Torture Defamatory: Suit

    A group of psychologists accused a Sidley Austin LLP attorney of crafting a report for the American Psychological Association that unfairly laid the blame on them for interrogation tactics used by the U.S. military after the 9/11 attacks, saying in an Ohio suit that he ignored evidence and bolstered a story by the doctors’ critics.

  • February 21, 2017

    Contractor Asks Fed. Judge To Ax Calif. Court's $1.1M 'Error'

    A government contractor Tuesday asked a California federal judge to throw out a state court’s ruling upholding a $1.07 million arbitration award arising from a dispute with a subcontractor in Afghanistan, saying the ruling was clearly entered in error.

  • February 21, 2017

    DHS Releases Guidance On Immigration Executive Orders

    The U.S. Department of Homeland Security issued memos Tuesday implementing two executive orders from President Donald Trump related to immigration, with the agency laying out the administration’s expanded enforcement targets, calling for more officers and suggesting new policy is coming on expedited removals.

  • February 21, 2017

    GSA Watchdog Criticizes Tech Unit's IT Security Compliance

    A U.S. General Services Administration watchdog on Tuesday criticized the GSA's "startup" unit aimed at improving federal technology, 18F, saying it routinely ignored GSA security requirements for both the procurement and operation of information technology systems.

  • February 21, 2017

    Dubai-Backed Port Co. Prevails Over Djibouti Corruption Claim

    Major port terminal operator DP World has been cleared by a London Court of International Arbitration tribunal of accusations by the Djibouti government that the company used bribery to secure a 50-year terminal contract, according to an announcement Tuesday from the Dubai government, which controls DP World.

  • February 21, 2017

    Military Base Contractor Cops To Bribes, Kickbacks

    A subcontractor at two U.S. Army facilities pled guilty in New Jersey federal court to paying thousands of dollars in bribes and kickbacks to receive work and preferential treatment from prime contractors, the U.S. Department of Justice said Tuesday.

  • February 21, 2017

    Air Force Leaders Urge Congress To Pass Spending Bill

    The U.S. Air Force’s top civilian and military leaders urged Congress on Monday to pass a defense appropriations bill before the end of fiscal year 2017, saying the use of another continuing resolution through to the end of the year would significantly hurt operational readiness and limit needed improvements.

  • February 21, 2017

    Xerox Asks Texas High Court To Limit $1B Medicaid Fraud Suit

    Xerox Corp. accused Texas of using a “web of lawsuits” to divide and conquer in a $1 billion civil Medicaid fraud suit over allegedly unneeded orthodontics, telling the Texas Supreme Court in a brief that the state had brought "coercive fraud suits" that need to be checked by the high court.

  • February 21, 2017

    FastShip Seeks $44M From Navy For Allegedly Cribbing IP

    FastShip LLC demanded $44 million from the U.S. Navy on Tuesday for allegedly using patented hull technology in its new littoral combat ships, closing out a two-week infringement trial that has evolved into a complex debate over boat physics.

Expert Analysis

  • Opinion

    Calif. Court Gets Automatic Funding Disclosure Right

    Matthew D. Harrison

    Detractors of litigation funding have strained to characterize a recent decision from a California federal court as significant headway in their crusade against the litigation funding industry. However, in truth, this is a victory for both the industry and those in need of capital to bring meritorious claims against wrongdoers in an often prohibitively expensive legal system, say Matthew Harrison and Priya G. Pai of Bentham IMF.

  • In Retrospect

    Relearning The Lessons Of Korematsu's Case

    Randy Maniloff

    Fred Korematsu’s U.S. Supreme Court case challenging President Franklin Roosevelt’s executive order that led to the incarceration of approximately 120,000 people of Japanese ancestry may sound like ancient history. However, Feb. 19 marks the 75th anniversary of the order's signing, and that it’s celebrating its diamond anniversary now is breathtaking timing, says Randy Maniloff of White and Williams LLP.

  • What A Justice Gorsuch Might Portend For FCA Enforcement

    Scott Stein

    While U.S. Supreme Court nominee Judge Neil Gorsuch has participated in only a few appeals of False Claims Act cases, his views suggest that companies and individuals subjected to FCA litigation based on disputed interpretations of agency regulations may find a sympathetic ear, say Scott Stein and Meredith Toole Reiter of Sidley Austin LLP.

  • How A General Counsel Should Think About AI: Part 2

    Bruce J. Heiman

    General counsels face the challenging task of understanding how companies can navigate the rules surrounding uses of artificial intelligence. To get smart on AI, general counsels must ask the right questions about areas such as human resources, intellectual property, liability and insurance, say Bruce Heiman and Elana Reman of K&L Gates LLP.

  • How A General Counsel Should Think About AI: Part 1

    Bruce J. Heiman

    Though the Trump administration has yet to make an official statement regarding artificial intelligence, support for AI is consistent with its expressed desire to promote American business. As such, general counsel will inevitably have to navigate what big data and AI mean for compliance with current and future laws and regulations, say Bruce Heiman and Elana Reman of K&L Gates LLP.

  • A New Element In Awarding Calif. Public Works Contracts

    Anthony J. Samson

    Legislation recently proposed in California would require the disclosure of greenhouse gas emissions generated by the manufacture of certain “eligible materials” for public works projects. If passed, it could have the biggest effect on companies that manufacture construction materials, especially cement, flat glass, manufactured wool, steel and asphalt, say attorneys with Arnold & Porter Kaye Scholer LLP.

  • Trump, Lockheed And The Art Of The Government Deal

    Michael A. Hordell

    President Donald Trump has made his federal procurement debut, announcing two weeks ago that Lockheed Martin agreed to cut $600 million from its next production lot of F-35 Joint Strike Fighter planes. His tweets and negotiations raise a slew of questions on how these tactics fit into the densely regulated field of government contracts, say attorneys with Pepper Hamilton LLP.

  • Saving Lawyers 1 Less Drink At A Time

    Jennifer Gibbs

    Lawyers are likely turning to alcohol to lessen stress and anxiety, to socialize, and even to sleep better. Unfortunately, many are unaware that their nightly pour could be causing or exacerbating the anxiety that is plaguing the legal profession, says Jennifer Gibbs of Zelle LLP.

  • Opinion

    Lawyers Cannot Stay Silent While Trump Belittles The Courts

    Alexandra Wald

    This is not the first time that a president has criticized the judiciary. But what is unique about President Donald Trump's attacks is that they target not just a specific decision, but the judiciary and its decision-making power altogether. Every lawyer, regardless of political persuasion, must speak up, says Alexandra Wald of Cohen & Gresser LLP.

  • Understanding CMS' New Settlement Reporting Thresholds

    David Farber

    When a Medicare beneficiary receives a liability insurance settlement, it must be reported to the Centers for Medicare and Medicaid Services, so Medicare can recover any payments for related treatment. CMS' new guidance lowers the settlement amount that triggers the reporting requirement, and resolves an earlier discrepancy, say David Farber and Lynn McKay of King & Spalding LLP.