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Government Contracts

  • January 16, 2019

    Hospitalized Man Asks To Pause FCA Suit Over Blood Tests

    Attorneys for a patient who brought a False Claims Act suit accusing eight companies of receiving Medicare payouts for unnecessary blood testing kits asked a Massachusetts federal court Wednesday to put the case on hold due to their client’s recent hospitalization.

  • January 16, 2019

    Latest Shutdown-Ending Deal Spinning Out At Starting Line

    Key Republicans have so far shied away from signing onto the latest effort to end a showdown over President Donald Trump’s demand for $5.7 billion in funding for a Mexican border wall, in the form of a letter calling for a brief funding reprieve to negotiate a compromise.

  • January 16, 2019

    FCA Suit Alleging Retaliation Against Ex-Underwriter Tossed

    A Missouri federal court on Tuesday dismissed a False Claims Act suit against a commercial real estate lender company that is accused of terminating an underwriter who alerted the company to misrepresented Housing and Urban Development loan submissions, finding that the former employee’s complaints played no part in the decision to fire him.

  • January 16, 2019

    Texas Sued Over Ending Home Health Care Reimbursement

    A group of home health agencies has sued the Texas Health and Human Services Commission, alleging that without court intervention each will soon go out of business, and Texans will go without needed medical care, because of a recent decision by the state agency to discontinue reimbursement for telemonitoring services.

  • January 16, 2019

    1st Circ. Says Pharmacy Exec Can Bring FCA Retaliation Suit

    In a split decision that partially vacated a district court ruling, a First Circuit panel has said the former president of pharmacy chain Shields Health Solutions can bring a retaliation claim against the company under the False Claims Act after he was allegedly fired for accusing his employer of paying illegal kickbacks to a consultant.

  • January 15, 2019

    High Court Wary Of Skipped HHS Rulemaking On Hospital Pay

    U.S. Supreme Court justices on Tuesday appeared skeptical of the U.S. Department of Health and Human Services’ refusal to conduct notice-and-comment rulemaking when outlining a Medicare reimbursement policy that affects billions of dollars in hospital payments.

  • January 15, 2019

    Shutdown Draining Tribes, National Parks, Dem Panel Told

    A Democratic committee heard testimony Tuesday about the ongoing federal shutdown, with House Democrats blaming President Donald Trump for the shutdown and hearing testimony detailing the shutdown's worsening impact on Native Americans and public lands.

  • January 15, 2019

    Kasowitz Tells DC Circ. That Chem Cos. Hid Dangers

    Kasowitz Benson Torres LLP told the D.C. Circuit on Monday that a lower court got it wrong when it tossed the firm's suit accusing four chemical companies of violating the Toxic Substances Control Act by failing to tell the U.S. Environmental Protection Agency about a chemical's alleged danger.

  • January 15, 2019

    Gov't Hits Tetra Tech With FCA Suit Over Navy Cleanup Work

    The federal government has accused a Tetra Tech unit of billing the U.S. Navy for radiation remediation services at a former Navy shipyard in San Francisco that it did not actually perform, in violation of the False Claims Act.

  • January 15, 2019

    Attys Say Wartime Law Can't Save One 'Fat Leonard' Case

    A defense lawyers' group has urged a San Diego judge to toss charges against a retired U.S. Navy captain caught up in the “Fat Leonard” bribery scandal, saying a law meant for wartime fraud shouldn't be used to preserve a case brought years too late.

  • January 15, 2019

    India Space Unit Says Due Process Dooms $563M Award

    The marketing arm of India’s space program has doubled down on its bid to dismiss a telecommunications company’s suit seeking to confirm an award of more than $562.5 million stemming from a canceled satellite-leasing deal, contending in Washington federal court that exercising jurisdiction over the action would flout the state-owned company’s due process.

  • January 15, 2019

    Barr Walks Back Anti-False Claims Act Whistleblower Views

    U.S. attorney general nominee William Barr on Tuesday walked back previous comments about the False Claims Act's whistleblower provisions' being an "abomination" and unconstitutional, saying he would "diligently enforce" the law if confirmed to lead the U.S. Department of Justice.

  • January 14, 2019

    Travelers Settles $1M Row Over Army Drone Facility In Israel

    A Travelers unit and an Israeli construction company have settled a dispute over $1 million worth of work the builder said it wasn’t paid during U.S. government work on a drone facility in Israel, a Connecticut federal judge said Monday.

  • January 14, 2019

    Wash. Tribe Seeks Quick Win In HHS Contract Payment Row

    The Swinomish Indian Tribal Community has urged a D.C. federal court to grant it a quick win in its suit accusing the U.S. Department of Health and Human Services of underpayment on certain health care program costs, claiming the failure to make payments violates the Indian Self-Determination and Education Assistance Act.

  • January 14, 2019

    'National Emergency' Would Be Rife With Legal Challenges

    President Donald Trump would face a tangle of property, contract and environmental obstacles if he followed through on his proposal to circumvent Congress and authorize the building of a wall along the U.S.-Mexico border by declaring a national emergency, experts say.

  • January 14, 2019

    House Intelligence Wants Details About Wall Justification

    The House Intelligence Committee hasn’t received any recent information from the Trump administration corroborating its “inflammatory claims” about the need for a wall on the Mexican border, the chairman said, asking the White House and the Intelligence Community to turn over the purported evidence behind the demand.

  • January 14, 2019

    Microsoft Wins $1.8B Navy Software Support Deal

    The U.S. Navy has awarded Microsoft Corp. a $1.76 billion sole-source deal to provide enterprise software and support services under a streamlined U.S. Department of Defense information technology acquisition program, the DOD announced Friday.

  • January 14, 2019

    Supreme Court Again Refuses To Hear KBR Burn Pit Suit

    The U.S. Supreme Court on Monday refused for the second time to hear a dispute over KBR’s liability for servicemembers’ illnesses allegedly caused by toxic burn pit fumes and unclean water at overseas military bases, an issue a circuit court had ruled involved a “political question” immune from review.

  • January 14, 2019

    Pharmacy, PE Fund Back Judge's Trim Of $70M FCA Suit

    A compounding pharmacy and its private equity fund owner blasted the government’s objections to a Florida federal magistrate judge’s recommendation to cut a False Claims Act allegation from litigation over their purported $70 million kickback scheme, arguing Friday that the suit doesn’t show they made false certifications to Tricare.

  • January 11, 2019

    The Firms That Dominated In 2018

    Law360's top four Firms of the Year notched a combined 32 Practice Group of the Year awards after successfully securing wins in bet-the-company matters and closing high-profile, big-ticket deals for clients throughout 2018.

Expert Analysis

  • Opinion

    The Case For Lawyer-Directed Litigation Funding In NY: Part 1

    Peter Jarvis

    Contrary to what the New York City Bar Association concluded in an ethics opinion last year, lawyer-directed nonrecourse commercial litigation funding does not violate New York rules on sharing fees with nonlawyers, say Peter Jarvis and Trisha Thompson of Holland & Knight LLP.

  • What To Make Of DOJ's 2018 False Claims Act Report

    Matthew Turetzky

    The U.S. Department of Justice’s 2018 False Claims Act statistics showed the lowest total recovery since the act was amended in 2009. But government contractors would be mistaken to think this signals fewer new qui tam lawsuits or a more relaxed enforcement landscape, says Matthew Turetzky of The Norton Law Firm.

  • 4 Takeaways From Sprint's $330M Tax FCA Settlement

    Randall Fox

    Recently Sprint agreed to pay New York state $330 million, the largest ever settlement of a suit brought under any state's false claims act. Randall Fox, former chief of the New York attorney general's Taxpayer Protection Bureau and a partner at Kirby McInerney LLP, discusses what other states, potential defendants and would-be whistleblowers can learn from the case.

  • Health Care Fraud Enforcement In 2018, And 2019 Predictions

    George Breen

    Of the $2.88 billion obtained by the U.S. Department of Justice in settlements and judgments from civil fraud and False Claims Act cases in 2018, almost 90 percent was generated from health care-related matters. A review of last year's trends indicates what may be ahead, say attorneys with Epstein Becker Green.

  • 7 Questions To Add To Your Lateral Partner Questionnaire

    Howard Rosenberg

    Law firms should redesign the vetting process for lateral candidates so it directly addresses sexual harassment and assault issues, says Howard Rosenberg of Decipher.

  • Outstanding Questions For Limitations On Subcontracting

    Scott Freling

    A recently proposed rule that incorporates 2013 statutory changes to limitations on subcontracting into the Federal Acquisition Regulation helps clarify a disconnect with U.S. Small Business Administration regulations. The proposal is a sign of progress but isn't perfect, say attorneys at Covington Burling LLP.

  • Q&A

    A Chat With Reed Smith Chief Marketing Officer Sadie Baron

    Sadie Baron

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Sadie Baron, chief marketing officer at Reed Smith LLP.

  • 'Flexible Work' Makes Freelancing More Viable In BigLaw

    Elizabeth Black

    The rise of remote work capabilities and advances in technology are making flexible, freelance legal work a more accessible career option for corporate attorneys, say Elizabeth Black and Sara Eng of InCloudCounsel.

  • Opinion

    A Call To Permit Judicial Substitution In MDL Proceedings

    Doug Smith

    While several proposed changes to multidistrict litigation procedures may be warranted and appropriate, consideration should be given to a modest modification of the judicial selection process, says Doug Smith of Kirkland & Ellis LLP.

  • Guest Feature

    Judge Weinstein On Activism, Gobbledegook, Going Robeless

    Judge Jack Weinstein

    Judge Jack Weinstein has served in the Eastern District of New York for over half a century. White and Williams LLP attorney Randy Maniloff visited his Brooklyn office to find out what makes the 97-year-old jurist tick.