Government Contracts

  • January 19, 2018

    Attorneys Preparing Clients For A Costly Shutdown

    The federal government shutdown has attorneys worried, and they're preparing their clients for potential problems regarding contractors and labor regulations when the federal government shuts its doors Monday.

  • January 21, 2018

    Immigration Standoff Keeps Government Shuttered

    The Senate failed to reach a funding deal Sunday night, extending the government shutdown as both parties continued to clash over longstanding spending and immigration issues. 

  • January 19, 2018

    DOD Sees Bigger Threats As Strategy Turns Away From Terror

    The U.S. Department of Defense’s new National Defense Strategy unveiled Friday moves the DOD’s main focus away from terrorism and back to state-level threats such as China and Russia, presaging a potential return to a Cold War-like standoff.

  • January 19, 2018

    No Plea Talks For Cuomo Aide, Others Eyed In Albany Graft

    Four New York men accused of a large-scale bribery and corruption scheme flowing from the state capital of Albany, including a noted confidante to Gov. Andrew Cuomo, are going to trial without having had plea negotiations, a Manhattan federal judge was told Friday. 

  • January 19, 2018

    3rd Circ. Affirms Medco's Win In FCA Kickback Suit

    The Third Circuit ruled in a precedential decision Friday that a whistleblower suit alleging Medco Health Solutions Inc. flouted the False Claims Act by engaging in a kickback scheme could not proceed without establishing a link between the scheme and the Medicare and Medicaid patients whose claims the government reimbursed.

  • January 19, 2018

    $240M FCA Suit Ends With Dropping Of BofA, Wells Fargo

    A relator in a False Claims Act suit in Illinois federal court that accused four financial giants of scamming U.S. agencies out of some $240 million dismissed claims Friday against Bank of America and Wells Fargo — weeks after dropping JPMorgan Chase and Citigroup — all due to “exonerating evidence.”

  • January 19, 2018

    Kuwait Co. To Get Up To $1.3B To Supply Food To US Troops

    The U.S. Defense Logistics Agency on Thursday awarded a five-year contract valued at as much as $1.38 billion to Kuwait and Gulf Link Transport Co. to lead logistics and food distribution operations for U.S. military personnel in the Gulf region.

  • January 19, 2018

    Breaking Down The Sprawling Ex-Cuomo Aide Corruption Trial

    Federal prosecutors are set to face off with a former confidant of Gov. Andrew Cuomo over an alleged bribery scheme with hundreds of millions of government dollars in play, and are aiming to clear the U.S. Supreme Court's raised bar for proving graft in the latest trial over alleged corruption in New York's state government. Here, Law360 takes a look at the case in advance of the trial scheduled to begin on Monday.

  • January 19, 2018

    KBR Investors Defend Suit Over UK Fraud Investigation

    A group of KBR Inc. investors hit back Thursday against its attempt to dismiss their proposed class action, saying the engineering and construction services company was wrong to suggest they hadn't laid out specific allegations or that they lacked sufficient evidence to support accusations of bribery and corruption.

  • January 19, 2018

    Strong Case Outweighed ‘Improper’ Closing, Says 1st Circ.

    The First Circuit has decided a Massachusetts federal judge was right to deny a retrial for a man convicted of lying to score $110 million in government contracts because, despite a stinging personal rebuke in closing arguments, the man was not even close to winning the case.

  • January 19, 2018

    Gov't Contracts Group Of The Year: Crowell & Moring

    After a year in which Crowell & Moring LLP helped create a public-private partnership worth over $45 billion and defended a $17 billion health care contract, it's no surprise that one of the legal world's best-known firms earned a place among Law360's Government Contracts Groups of the Year.

  • January 18, 2018

    Ex-DOD Official Says Gov't Hasn't Backed Fraud Indictment

    A former U.S. Department of Defense program office director alleged to have bilked the government out of millions of dollars through a scheme to misuse a small business contracting program accused the government Thursday of going off on a tangent to try to distract from its vague indictment.

  • January 18, 2018

    State Dept. OKs $500M Saudi Arabia Missile Support Deal

    The U.S. Department of State has approved a proposed $500 million deal to provide missile system support services to Saudi Arabia, the Defense Security Cooperation Agency said Wednesday, continuing a strong trend of Foreign Military Sales deals made so far under the Trump administration.

  • January 18, 2018

    Wash. Urges 9th Circ. To Nix Tribe’s Win In Landslide Row

    The state of Washington told the Ninth Circuit Wednesday that the Stillaguamish Tribe of Indians’ win in a suit contending the state cannot seek indemnity over liability for a landslide should be axed, saying the lower court didn’t have jurisdiction to hear the suit.

  • January 18, 2018

    Sherwin-Williams Trims Prison Contractor’s Flaky-Paint Suit

    A New Jersey federal judge on Thursday trimmed a suit accusing Sherwin-Williams of selling a government contractor a paint system that peeled, saying two of the three claims are barred by either the economic loss doctrine or a warranty.

  • January 18, 2018

    Contractor On $42M Pa. Bridge To Cop To Enviro Crimes

    The owner of a Pennsylvania painting company on Wednesday agreed to plead guilty to federal charges of knowingly discharging pollutants into the Susquehanna River during a $42 million bridge rehabilitation project.

  • January 18, 2018

    Kaspersky Wants Judge To Block Federal Software Ban

    Security software firm Kaspersky Lab asked a D.C. federal judge on Wednesday for an injunction stopping the Trump administration from enforcing an order banning it from federal systems that was prompted by fears that its antivirus software could be hijacked by Russian spies.

  • January 18, 2018

    Cardno Says Bid To Vacate $15M Award Is Time-Barred

    Cardno Ltd. has renewed its push to enforce a $15 million arbitration award it won against an Ecuadorean engineering firm that allegedly hid a bribery scheme, telling a Florida federal judge Wednesday that the South American company's counterclaims are time-barred and invite the court to overstep its authority.

  • January 17, 2018

    Greenberg Traurig Faces DQ Bid By Onetime Vet-Led Client

    Florida-based government contractor National Sourcing Inc. asked a court Tuesday to disqualify Greenberg Traurig PA from representing a subcontractor and others because of the firm's previous work for NSI, a disabled veteran-owned company.

  • January 17, 2018

    DOJ Trying To 'Eviscerate' Escobar, UnitedHealth Says

    The U.S. Department of Justice is seeking to “eviscerate” the U.S. Supreme Court’s monumental Escobar decision by arguing that the government doesn’t have to deny reimbursement to show that regulatory violations are serious, UnitedHealth Group Inc. said Tuesday.

Expert Analysis

  • 2017 Health Care Enforcement Review: Final Thoughts

    Eoin Beirne

    In both civil and criminal enforcement proceedings, 2017 was perhaps most notable for the cases brought against individual health care providers and small physician practice owners. Several factors may have influenced the uptick in these types of cases, say attorneys with Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • You've Got Mail Problems: A Safety Net For 'Late' Proposals

    Amy Conant

    A government contractor may press “send” before the deadline but nevertheless end up with a late proposal submission because of transmission delays. According to the U.S. Government Accountability Office, late is late. However, the Federal Acquisition Regulation provides a tool to protect against the perils of email communication, says Amy Conant of K&L Gates LLP.

  • 2017 Health Care Enforcement Review: Materiality Under FCA

    Laurence Freedman

    As expected, the U.S. Supreme Court's Escobar decision triggered a spate of litigation over how to apply the materiality standard in False Claims Act cases. Throughout 2017, the lower courts built upon the standard, but we expect courts to continue to grapple with the issue through 2018, say Laurence Freedman and Jordan Cohen of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • 3-D Printing, ITAR Issues Not At High Court — Yet

    Kelsey Wilbanks

    While the U.S. Supreme Court denied Defense Distributed’s petition for writ of certiorari last week, this case commands intense scrutiny because of the intersection between 3-D printing and regulations on the export of defense articles and services, including technical data, says Kelsey Wilbanks of Smith Pachter McWhorter PLC.

  • Rebuilding Texas: Design-Build In Public Procurement

    Brian Gaudet

    Following Hurricane Harvey, members of the construction industry planning to engage in reconstruction projects should understand the design-build delivery method under the Texas public procurement statutes. Design-build projects for buildings are treated differently than design-build civil projects, say Brian Gaudet and Courtney Lynch of Kilpatrick Townsend & Stockton LLP and Traci Donatto of American Constructors Inc.

  • 2017 Health Care Enforcement Review: FCA Case Law

    Brian Dunphy

    Last year, courts issued numerous health care-related decisions interpreting the legal standards under the False Claims Act and assessing the viability of a multitude of FCA liability theories. These decisions will affect the prosecution and defense of FCA cases for years to come, says Brian Dunphy of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • Opinion

    The Latest Bid Protest 'Reform' Should Be Repealed

    Marcia Madsen

    The "loser pays" provision in the 2018 National Defense Authorization Act is a transparent effort to avoid review of government decisions. It violates fundamental principles of administrative law enshrined in the Administrative Procedure Act. Additionally, there is no factual basis for restricting review of agency procurement decisions, say attorneys with Mayer Brown LLP.

  • 2017 Health Care Enforcement Review: Trends In FCA Cases

    Kevin McGinty

    The volume of health care-related qui tam litigation under the False Claims Act remained robust last year. In the first of four articles on health care enforcement in 2017, Kevin McGinty of Mintz Levin Cohn Ferris Glovsky and Popeo PC discusses the important takeaways from a number of trends.

  • How Tax Reform Will Change FCA Settlements

    Douglas Baruch

    Little attention has been paid to a provision of the new tax law that requires federal agencies to specify, at the time of settlement of government claims, the portion of the settlement that may be deductible as a business expense. This is sure to impact False Claims Act and other settlements involving the government going forward, say attorneys with Fried Frank Harris Shriver & Jacobson LLP.

  • 6 E-Discovery Predictions For 2018

    Erich Potter

    Erich Potter, discovery counsel with Oles Morrison Rinker & Baker LLP, discusses six ways e-discovery will continue to excite and confound in 2018.