Government Contracts

  • March 13, 2018

    Former Ill. Public Housing Vendor Accused Of $193K Fraud

    Illinois Attorney General Lisa Madigan and the Chicago Housing Authority announced charges against a former CHA vendor Tuesday, alleging the owner of a painting company made and deposited over $193,000 worth of fraudulent checks credited to the agency.

  • March 13, 2018

    GAO Says Bidder's Brevity Ended Its Air Force Protest

    An unsuccessful bidder on a U.S. Air Force support services contract effectively abandoned its protest by providing only a terse response to the service's in-depth explanation for its decision, the U.S. Government Accountability Office said in a decision released Tuesday.   

  • March 13, 2018

    Missed Deadline Leads To Toss Of Man's Sex Bias Suit

    A U.S. Forest Service employee waited too long to file an administrative complaint on claims he faced illegal sex discrimination and was improperly passed over for a promotion, dooming his civil lawsuit, a Pennsylvania federal magistrate judge said Tuesday.

  • March 13, 2018

    Calif. Genetic Test Co. Pays $11M To Resolve FCA Claims

    A Silicon Valley-based prenatal testing company has agreed to pay $10.6 million to resolve allegations that it improperly billed federal health care programs for its popular Panorama noninvasive prenatal tests and other screenings in violation of the False Claims Act, the federal government said Tuesday.

  • March 13, 2018

    Sentences Trimmed For 2 Fla. Women In $74M Medicare Fraud

    A Florida federal judge has reduced the prison terms of two women involved in a $74 million home health care fraud scheme, approving a request from federal prosecutors who said they had provided “substantial assistance” since pleading guilty.

  • March 13, 2018

    Moody’s Dodges Bid To Revive Securities Ratings FCA Suit

    A New York federal judge on Tuesday dismissed the third amended complaint brought against Moody’s Corp. by a whistleblower alleging it violated the False Claims Act when it gamed ratings to preserve business in the lead-up to the 2008 financial crisis.

  • March 13, 2018

    7th Circ. Won't Restore Relator In Settled $20M Bribe Suit

    The Seventh Circuit on Monday refused to revive a man’s bid to collect proceeds from a $20 million settlement in a suit he once headed alleging unlawful contract bribery in Chicago’s red light camera program, saying the lower court correctly found it lacked subject matter jurisdiction over his claim.

  • March 13, 2018

    Rolls-Royce Wins Bids To Exit FCA Suit, DQ Atty

    A Texas federal judge agreed Monday with a magistrate judge’s conclusions that Rolls-Royce should escape a False Claims Act suit alleging it billed the U.S. Air Force for uncertified parts and that the whistleblower’s attorney should be disqualified, saying the relator unsuccessfully pursued these claims previously and his attorney once worked for the company.

  • March 13, 2018

    Medical Monitoring Co. Ends FCA Case For $550K

    A Pennsylvania company that provides monitoring services for patients undergoing surgery will pay the federal government $550,000 to resolve False Claims Act allegations that it billed Medicare for remote physicians when in reality no qualified professionals were actually observing live data produced during procedures, the U.S. Department of Justice announced on Tuesday.

  • March 13, 2018

    Tillerson Fired, CIA's Pompeo Tapped To Head State Dept.

    President Donald Trump on Tuesday fired Secretary of State Rex Tillerson after a long and public falling out between the two men over the direction of the nation's foreign policy, taking to Twitter to announce his plans to nominate CIA Director Mike Pompeo to replace Tillerson as the country's top diplomat. 

  • March 13, 2018

    Jury Convicts Ex-Cuomo Aide In Mixed Bribery Case Verdict

    A Manhattan jury on Tuesday convicted Joe Percoco, New York Gov. Andrew Cuomo's former “right-hand man” in Albany, of three of six corruption counts he faced, ending the marathon federal bribery trial with a mixed verdict for him and three co-defendants.

  • March 12, 2018

    Dem Urges Trump Org, Treasury To Explain Foreign Payments

    A senior House Democrat on Monday urged the Trump Organization and the U.S. Department of the Treasury to cough up more information about foreign payments the company has purportedly remitted to the department, after the organization recently said it had made about $151,000 in remittances for 2017.

  • March 12, 2018

    With FCC On Sidelines, Mayors Move To Protect Net Neutrality

    As of Monday at least 11 mayors have signed a pledge to banish internet service providers that block, slow, or charge for prioritization of internet traffic in their cities, as a growing list of city and state governments move to defend net neutrality principles in the wake of federal deregulation.

  • March 12, 2018

    ManTech, 2 Others To Dole Out $1.18M In Missed OT Pay

    Cybersecurity firm ManTech International Corp. and two subcontractors will fork over $1.18 million in back pay to more than 200 employees who were shorted on compensation for overtime while working on a government contract, the U.S. Department of Labor Wage and Hour Division said Monday.

  • March 12, 2018

    House Asks ICE For License Plate Reader Contract Info

    Lawmakers on the House oversight committee have asked U.S. Immigration and Customs Enforcement to turn over details on the agency's plan to access a private nationwide license plate database that tethers a car to a specific location, saying they want to ensure that the personal information of millions of Americans is being protected by the company storing it.

  • March 12, 2018

    Sheppard Mullin Adds Ex-Ogletree Deakins Employment Atty

    Sheppard Mullin Richter & Hampton LLP has boosted its labor and employment group with the addition of a new partner in Washington, D.C., from Ogletree Deakins Nash Smoak & Stewart PC, the firm has announced.

  • March 12, 2018

    Deal Bars Subcontractor From Seeking Army Corps Clawback

    In a case he called a conundrum, a Court of Federal Claims judge on Monday ruled against a subcontractor and contractor’s trustee who had, over that contractor’s objections, sued the U.S. Army Corps of Engineers seeking to claw back money it was owed, saying a previous related settlement barred the case.

  • March 12, 2018

    Graft Trial Judge Won't 'Coerce' Deadlocked Jury

    Prosecutors seeking to convict an ex-aide to New York Gov. Andrew Cuomo of bribery asked a Manhattan federal judge Monday to prod a mired jury toward a verdict using strong language, but the judge left the proposed language on the cutting room floor when she told jurors to keep working.

  • March 12, 2018

    ViaSat Unit To Pay $12M To End False Claims Act Allegations

    A ViaSat Inc. unit agreed to pay more than $12 million to settle False Claims Act allegations that it entered into government defense contracts under a program designed for small businesses, despite the communications subsidiary's large parent company, the U.S. Department of Justice said Friday.

  • March 12, 2018

    Pharmacist, Employee Get Prison For $30M Tricare Fraud

    A Florida federal judge on Friday sentenced a pharmacy owner and his “right-hand man” to 17 and 15 years, resepectively, in prison for bilking Tricare and a federal employee benefit scheme out of more than $30 million through a conspiracy to fill unnecessary prescriptions.

Expert Analysis

  • Emerging Trends In FCA Enforcement: 2018 Outlook

    Vince Farhat

    Two new policies from the U.S. Department of Justice, along with ongoing developments concerning the elements of scienter and materiality stemming from the landmark U.S. Supreme Court decision in Escobar, have the potential to significantly change the landscape of False Claims Act enforcement in the year ahead, say attorneys with Holland & Knight LLP.

  • Fed. Circ. To Decide Future Of Commercial Item Contracting

    Nathaniel Castellano

    If the Federal Circuit affirms in Palantir, it could breathe a new life into the Federal Acquisition Streamlining Act’s requirements to favor nondevelopmental approaches. But such a rejuvenation of FASA may prove to be a double-edged sword, say Nathaniel Castellano and Charles Blanchard of Arnold & Porter.

  • Agency Guidance Limits May Shift Health Care Enforcement

    Michael Lampert

    The U.S. associate attorney general recently issued a memo directing civil litigators in the U.S. Department of Justice to limit their use of governmental agency guidance documents in affirmative civil enforcement matters. Attorneys with Ropes & Gray LLP discuss issues that should be monitored over time in order to understand the memo's ultimate impact on civil health care enforcement matters.

  • The Art Of The Litigation Funding Deal

    Julia Gewolb

    As litigation funding becomes more widespread, greater complexity and variability in funding deals are to be expected. All claimants should consider certain key questions on the economics of single-case funding when considering or comparing funding terms, says Julia Gewolb of Bentham IMF.

  • Problematic Aspects Of DOD Commercial Item Rule

    Angela Styles

    Curiously, in implementing the 2016 National Defense Authorization Act commercial item provisions, the final rule issued by the U.S. Department of Defense last week ignores updated and conflicting commercial item provisions in the 2017 and 2018 NDAAs and creates layers of bureaucracy and cost for contractors and contracting officers, say Angela Styles and Josh Freda of Bracewell LLP.

  • Smart Contracts Need Smart Corporate Lawyers

    Matthew O’Toole

    Given the operational and security risks involved, and the substantial digital asset values transacted, the rise of distributed ledger technology and smart contracts will create new opportunities and responsibilities for transactional lawyers, say attorneys with Potter Anderson Corroon LLP.

  • Exploring Interplay Between PTAB And Claims Court: Part 3

    Matthew Rizzolo

    Two hot topics in intellectual property law — the pending Oil States case, and the applicability of sovereign immunity before the Patent Trial and Appeal Board — have possible implications for patent litigation in the U.S. Court of Federal Claims, say Matthew Rizzolo and Ryan Brunner of Ropes & Gray LLP.

  • How To Fix Your Broken Client Teams

    Mike O'Horo

    Law firms claim they create client teams to improve service. Clients aren’t fooled, describing these initiatives as “thinly veiled sales campaigns.” Until firms and client teams begin to apply a number of principles consistently, they will continue to fail and further erode clients’ trust, says legal industry coach Mike O’Horo.

  • Exploring Interplay Between PTAB And Claims Court: Part 2

    Matthew Rizzolo

    The Patent Trial and Appeal Board has held that a noticed third-party government contractor participating in a 1498 action brought in the U.S. Court of Federal Claims is not subject to the America Invents Act’s one-year bar. However, potential insulation from the one-year bar comes with significant caveats, say Matthew Rizzolo and Ryan Brunner of Ropes & Gray LLP.

  • Exploring Interplay Between PTAB And Claims Court: Part 1

    Matthew Rizzolo

    While the oft-overlooked U.S. Court of Federal Claims has exclusive jurisdiction over patent suits against the U.S. government, the Federal Circuit's recent decision in Return Mail v. U.S. Postal Service addressed whether the government can use another Article I tribunal to defend itself against allegations of patent infringement — the Patent Trial and Appeal Board, say Matthew Rizzolo and Ryan Brunner of Ropes & Gray LLP.