Government Contracts

  • March 19, 2018

    DynCorp Wants AAR Trade Secret Case Revived After Impasse

    DynCorp asked a Florida federal judge Friday to reopen its suit accusing a unit of AAR Airlift Group of stealing its secrets to score a $10 billion U.S. Department of State counternarcotics services contract, saying the parties hadn’t been able to come to terms on a previously announced settlement deal.

  • March 19, 2018

    Feds Must Meet High Extortion Bar In Boston City Hall Case

    A Massachusetts federal judge on Monday ruled federal prosecutors will have to prove a pair of Boston City Hall aides directly benefited when they allegedly pressured a music festival to hire unneeded union labor, upholding a high standard prosecutors have said they likely cannot meet.

  • March 19, 2018

    UnitedHealth Unit Can't Trim FCA Suit Over Inpatient Billing

    A Pennsylvania federal judge on Monday refused to dial back a False Claims Act case accusing a UnitedHealth Group Inc. unit of facilitating excessive hospital billing, saying the allegations pass muster under the U.S. Supreme Court’s Escobar standard.

  • March 19, 2018

    Ariz. Tribe Defends Redo Bid In Trust Mismanagement Suit

    An Arizona tribe urged the U.S. Court of Federal Claims on Friday to revive claims that the U.S. government mismanaged reservation forests, arguing that the government’s objections to the tribe’s reconsideration bid applied the wrong standard of review.

  • March 19, 2018

    Insurer Fights Coverage Of Row Over Texas Sports Complex

    Insurer Mt. Hawley Insurance Co. lobbed a lawsuit in Texas federal court on Friday at a trio of companies responsible for building a municipal sports complex in a San Antonio suburb, saying it should not have to cover a lawsuit alleging the firms provided a subpar finished product.

  • March 19, 2018

    Tatneft Can't Get $112M Ukraine Award OK'd Just Yet

    A D.C. federal judge declined Monday to toss Russian energy company PAO Tatneft's suit to enforce a $112 million award it won following the forced takeover of Ukraine's largest refinery, but held off on deciding whether to enforce the award until additional questions are answered.

  • March 19, 2018

    Feds Finalize E-Commerce Buying Plan, But Seek Law Tweaks

    The U.S. General Services Administration and the Office of Management and Budget on Friday issued their congressionally mandated implementation plan for upping the use of e-commerce portals like to buy off-the-shelf items, committing to a phased implementation and requesting more authority to speed the process.

  • March 19, 2018

    Justices Won't Hear Bid To Overturn ‘Auer Deference’

    The U.S. Supreme Court refused Monday to take up a military construction contractor's bid to overturn past high court rulings giving government agencies wide latitude on how to interpret their own rules, suggesting “Auer deference” will remain on the books for the foreseeable future despite a growing conservative effort to dismantle the doctrine.

  • March 19, 2018

    Philly Cardiologist Settles Federal Stent Fraud Allegations

    A former University of Pennsylvania Health System cardiologist will pay the federal government approximately $125,000 to resolve accusations that he improperly submitted Medicare claims for unnecessary cardiac stent procedures, prosecutors announced Monday, 14 months after UPHS reached its own settlement.

  • March 19, 2018

    High Court Won't Review FCA First-To-File Case

    The U.S. Supreme Court on Monday declined to take up a False Claims Act case alleging the government was sold aircraft parts that were falsely certified to meet contractual requirements, tossed under the FCA’s first-to-file bar after two purported relators attempted to substitute themselves for the original relator.

  • March 19, 2018

    NJ Man Indicted In $1M Medicare DNA Testing Scheme

    A New Jersey man was indicted Friday on allegations that he and others used a fake nonprofit to dupe hundreds of low-income senior citizens into unnecessary DNA testing in a scheme to bump their sales commissions as representatives for the genetic testing labs that prosecutors said defrauded Medicare of more than $1 million.

  • March 19, 2018

    Law360's Government Contracts Editorial Advisory Board

    Law360 is pleased to announce the formation of its 2018 Government Contracts editorial advisory board.

  • March 19, 2018

    Ex-Air Force Officer Can Recant Plea Over Bad Counsel

    A Florida federal judge set the stage for trial Friday by allowing a retired U.S. Air Force officer to withdraw part of his guilty plea over an alleged $5.4 million bribery scheme involving government contracts, as the officer convinced the court he got bad advice from his counsel.

  • March 16, 2018

    Private Equity FCA Suit More Likely Outlier Than Omen

    The U.S. Department of Justice’s unusual decision to name a private equity firm as a defendant in a False Claims Act suit against one of the firm’s portfolio companies is an issue all private equity firms should be aware of, although the alleged circumstances of the case may mean similar complaints will be few and far between, attorneys say.

  • March 16, 2018

    Drug Cos. Say Cherokee Opioid Suit Must Stay In Fed. Court

    McKesson Corp. and other drug distributors and retail pharmacies urged an Oklahoma federal judge Thursday to reject the Cherokee Nation’s bid to take its suit over the companies' alleged role in the opioid epidemic back to state court, saying McKesson’s distribution of opioids under a federal contract means the case must stay in federal court.

  • March 16, 2018

    Test Of Percoco Verdict Will Shape Corruption Law

    New York Gov. Andrew Cuomo’s former aide Joseph Percoco took a blow recently in one of the first trials to produce a bribery conviction post-McDonnell, but its impact on public corruption cases will depend on whether such jury verdicts can pass muster before more discerning appeals courts.

  • March 16, 2018

    Ill. Lottery Manipulation Suit Will Stay In Federal Court

    Consumers and retailers suing Illinois' former lottery manager for allegedly misrepresenting the odds of winning scratch-off games cannot return to state court, as federal jurisdiction applies even if they have no injury to sue over under the Spokeo standard, a judge found Friday.

  • March 16, 2018

    Feds Should Own Gilead Hep C Patent, Nonprofit Says

    A patent covering Gilead Sciences Inc.’s blockbuster line of sofosbuvir-based hepatitis C drugs doesn’t disclose related government funding, meaning the U.S. Department of Health and Human Services has the right to take ownership of the patent, a nonprofit has suggested to the agency.

  • March 16, 2018

    Lockheed Martin Snags Army Training System, F-35 Contracts

    Lockheed Martin Corp. nabbed a pair of contracts that will see it receive roughly $3.5 billion for U.S. Army training systems and almost $482 million to cover air vehicle spares for F-35 Lightning II fighters, the U.S. Department of Defense announced Thursday.

  • March 16, 2018

    Lockheed Martin Nabs $200M Air Force Training Contract

    Lockheed Martin Corp. said Thursday it had been awarded a $200 million contract to provide air crew and cybersecurity training services to members of the Florida-based Air Force Special Operations Command.

Expert Analysis

  • Acetris Questions Made-In-US Standard For Drugs

    Jennifer Plitsch

    If successful, Acetris' challenge in the U.S. Court of International Trade could have a meaningful impact on decisions about where to manufacture active pharmaceutical ingredients for the very broad range of drug products sold to the U.S. government, say attorneys with Covington & Burling LLP.

  • Opinion

    National Lawyers Need National Licensing For National Courts

    EJ Hurst II

    Just last month, a number of legal groups asked the Northern District of California to strike its rule requiring that, before seeking federal court admission, attorneys first be licensed by the state of California. It is irrational to exclude seasoned federal practitioners from general admission due to state bar approval, while allowing that same admission to raw state lawyers who have never been inside a federal courtroom, says at... (continued)

  • Key Statistical Issues In Eye Doc Fraud Sentencing

    Jennifer Dowdell Armstrong

    The reasonableness of an extrapolated loss calculation was a significant sentencing issue in U.S. v. Melgen last month in the Southern District of Florida. The court found flaws in both the government's and defendant’s analyses, and then calculated its own loss figures, say Jennifer Dowdell Armstrong of McDonald Hopkins LLC and Chris Haney of Forensus Group LLC.

  • Lawyering A La Carte: Unbundled Dispute Resolution Services

    David Wallace

    There's no reason for limiting unbundled legal services to family law or even pro se litigants. Wider adoption, especially by litigators, presents an opportunity to correct law's distribution and pricing problem, to make justice practically available to all, and to dethrone litigation as the "sport of kings," says New York-based trial lawyer David Wallace.

  • FCA Materiality May Return To High Court

    J. Alex Ward

    Recent cases demonstrate that, despite the U.S. Supreme Court’s ruling in Escobar, False Claims Act materiality questions remain and continue to be litigated. Gilead filed a petition for certiorari a few months ago, and it is a key case to watch, say attorneys with Morrison & Foerster LLP.

  • You’re Perfect, Now Change: Perfectionism Hurts Lawyers

    Peter Norman

    Like medical professionals, lawyers often resist policies to reduce errors due to the culture of perfectionism that permeates the industry. Autonomy is key to the legal professional's prestige and the outward demonstration of competence is key to maintaining autonomy, says Peter Norman of Winnieware LLC.

  • Fed. Circ. Implies Narrowing Of Claims Court Jurisdiction

    Stuart Turner

    Following the Federal Circuit's decision in Cleveland Assets, any protest filed at the U.S. Court of Federal Claims alleging violation of a statute or regulation that does not obviously qualify as a “procurement statute” may face a jurisdictional challenge, say Stuart Turner and Nathaniel Castellano of Arnold & Porter.

  • Opinion

    Grassley, Feinstein Debate Judicial Vetting, Obstruction

    Sen. Chuck Grassley

    It is undisputed that in his first year in office President Trump was able to confirm a significant number of judges to the federal bench. How it happened — and whether it's a good thing — are debated here by Sen. Chuck Grassley, R-Iowa, and Sen. Dianne Feinstein, D-Calif.

  • How Settling With The Gov't Is Costlier Under New Tax Law

    Marvin Kirsner

    A provision in the Tax Cuts and Jobs Act greatly expands the scope of the disallowance of deductions for fines and penalties paid to government agencies. This will make it costlier for a company to settle claims of violation of laws and regulations brought by federal, state or local agencies, or even foreign governments, says Marvin Kirsner of Greenberg Traurig LLP.

  • Congressional Forecast: March

    Layth Elhassani

    Upcoming congressional action for the duration of March appears likely to resolve the budget and appropriations impasse of the last several months, after U.S. House and Senate leaders and the White House were able to reach an agreement last month on topline spending numbers for fiscal year 2018, say Layth Elhassani and Kaitlyn McClure of Covington & Burling LLP.