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Government Contracts

  • October 31, 2018

    Ransomware Hackers Target Group 'Involved' In US Elections

    Hackers believed to be behind the recent ransomware attack on the city of Atlanta have targeted several health care organizations and at least one government group "involved in administering elections" this year, a cybersecurity company said.

  • October 31, 2018

    Atty-CEO Charged In $84M Haitian Port Bribery Plot

    Federal prosecutors have charged an attorney who heads a Haitian development and reconstruction company with violating the Foreign Corrupt Practices Act, alleging he took part in a scheme to bribe Haitian officials to smooth the way for an $84 million port project.

  • October 31, 2018

    Ex-Blackwater Guard Denied Acquittal Bid In Iraq Shooting

    A Washington, D.C., federal judge has refused to acquit a former guard for private security firm Blackwater, previously convicted of murder over a deadly shooting incident in Iraq, after his retrial ended in a mistrial, ruling the former guard had failed to show that no reasonable jury could find him guilty.

  • October 30, 2018

    Insurers Sweat Gov't U-Turn On Medicare Advantage Audits

    The federal government has done a dramatic about-face on how much money it can recover through Medicare Advantage audits, a move that could force health insurers to pay back huge sums of money and halt industry momentum in False Claims Act litigation.

  • October 30, 2018

    FCA Decision Tracker: Continued Interpretations Of Escobar

    As courts continue to grapple with the changes to the False Claims Act landscape prompted by the U.S. Supreme Court's landmark Escobar ruling, Law360 once again explores how key parts of the decision are being interpreted.

  • October 30, 2018

    Pakistan Says Court Can't Enforce $846M Award Over Project

    Pakistan has continued to push a D.C. federal court to toss a Turkish energy company’s suit seeking to confirm a nearly $846 million arbitral award stemming from a rental power project, reiterating its argument that the court lacks jurisdiction to enforce the award as the country was not properly served.

  • October 30, 2018

    Diplomats And Pandas: 2nd Circ. Mulls Trump Emolument Suit

    Three Second Circuit judges weighed diplomatic dining habits and a hypothetical gift of a panda to President Donald Trump as they considered Tuesday whether to revive a suit that accuses the president of violating the Constitution's emoluments clause, asking both sides about the clause's purpose and who has standing to sue under it.

  • October 30, 2018

    Feds Ask Justices To Nix Enviros' Border Wall Challenge

    The federal government has hit back at a bid by environmental groups to have the U.S. Supreme Court review portions of an immigration law that waived environmental reviews and allowed construction on the controversial border wall with Mexico to move forward, saying the organizations’ constitutionality concerns are not viable.

  • October 29, 2018

    More Concerns Raised About Compliance At Broward Health

    Leadership turmoil that plunged South Florida's Broward Health into a $70 million settlement with the federal government in 2015 has showed few signs of going away, according to a compliance report's findings of shortcomings regarding contract negotiations and watchdogs' recent letters alleging threats to independent review efforts.

  • October 29, 2018

    Justices Won't Review Gov't Contractor Robocall Liability

    The U.S. Supreme Court on Monday declined to explore whether robocalls should be considered outside the usual immunity given to contractors acting under a federal agency's instructions, turning down a petition related to a General Dynamics unit's work to support the Affordable Care Act.

  • October 29, 2018

    GAO Backs Single Award On $146M Air Force Warhead Deal

    The U.S. Air Force reasonably rejected a bidder for a roughly $146 million "bunker buster" warhead production deal on technical grounds, and did not have to justify its decision to single-source the contract after being left with only one viable awardee, the U.S. Government Accountability Office said in a decision made public Monday.

  • October 29, 2018

    Doc Must Get Share Of $3B GSK Settlement, NJ Court Says

    A New Jersey state appeals court on Monday revived a doctor’s suit alleging he was cut out of his share of a $3 billion settlement over GlaxoSmithKline PLC’s marketing kickback scheme, ruling that a lower court misconstrued the confidentiality provision in his deal with four former GSK employees who also sued the pharmaceutical giant.

  • October 29, 2018

    10th Circ. Won't Redo 'Unprecedented' Heart Surgery FCA Call

    The Tenth Circuit on Monday declined to revisit its revival of a whistleblower’s False Claims Act suit alleging a doctor performed unnecessary heart procedures, rejecting Intermountain Healthcare Inc.’s argument that the court applied an “unprecedented” view of how much specificity FCA suits must contain.

  • October 29, 2018

    4th Circ. Backs SC Plutonium Removal Injunction

    The Fourth Circuit has said a lower court followed the law when it decided the U.S. Department of Energy had to remove a metric ton of weapons-grade plutonium from a nuclear waste disposal facility in South Carolina after the DOE had missed a deadline to process the material.

  • October 26, 2018

    Fla. Motorists Signal For Class Cert. In Ticket Fee Suit

    A motorist suing a ticket processor over allegedly illegal convenience fees it charged drivers who used credit cards to pay for red light violations asked a Florida federal judge Friday for class certification.

  • October 26, 2018

    Jury Blames Both Parties For Delays In Army Base Barracks

    A Georgia federal jury on Friday found that both the general contractor and a subcontactor who worked on a new barracks at the U.S. Army’s Fort Benning base in Georgia breached their agreement with each other, but awarded subcontractor Cleveland Construction $1.18 million more in damages.

  • October 26, 2018

    Caplin Seeks Lead Spot In $2B Danish Tax Fraud Case

    Caplin & Drysdale Chtd. has asked a New York federal judge to name the firm lead or co-lead defense counsel in a suit accusing hundreds of U.S. pension plans of a $2.1 billion scheme to defraud Danish tax authorities, citing its experience in tax litigation and white collar matters.

  • October 26, 2018

    Belgium OKs $6.5B F-35 Deal As DOD Grounds Some Jets

    The Belgian government has formally confirmed a $6.5 billion Foreign Military Sales deal for 34 F-35 fighter jets, the same day the U.S. Department of Defense said it had grounded several early-production F-35s for new inspections, following on from a fleetwide grounding earlier in October.

  • October 26, 2018

    Abbott, AbbVie Pay $25M Over Off-Label Promos, Kickbacks

    Abbott Laboratories and AbbVie Inc. will fork over $25 million to end a whistleblower's False Claims Act case alleging off-label promotion of triglyceride drug TriCor and unlawful kickbacks in the form of gift baskets and gift cards, the U.S. Department of Justice said Friday.

  • October 26, 2018

    White House Asks DOD To Drop 2020 Budget By $33B

    The U.S. Department of Defense is now expecting a $700 billion national defense budget for fiscal year 2020 following President Donald Trump’s recent call for a governmentwide spending cut, about $33 billion less than it had originally anticipated, a top DOD official said Friday.

Expert Analysis

  • A Canadian Perspective On The 'New NAFTA'

    Matthew Kronby

    Last week, Canada reached agreement with the United States and Mexico on what is essentially a revised North American Free Trade Agreement. The new U.S.-Mexico-Canada Agreement alters some provisions of NAFTA, maintains others and borrows a few ideas from the Trans-Pacific Partnership, say attorneys with Borden Ladner Gervais LLP.

  • Opinion

    Skip The New 'Civility Courses' And Think Like A Lawyer

    Alex Dimitrief

    As we watch what passes for political discourse in our nation’s capital, it’s understandable that universities are launching programs on how to cope with ideological disputes. But our country needs fewer people who profess to be open-minded and more people who engage in and honor the conclusions of reasoned debates, says Alex Dimitrief of General Electric Co.

  • Antitrust Considerations For Government Contractors

    Peter Levitas

    Companies that engage in government contracting, particularly in the defense industry, face sector-specific antitrust compliance challenges. They must navigate carefully to manage risk in merger review, teaming agreements and personnel issues, say Peter Levitas and Francesca Pisano of Arnold & Porter.

  • Why Law Firms Should Monitor The Dark Web

    Anju Chopra

    Dark web monitoring allows law firms to see what sensitive information may have made its way onto the thriving global underground marketplace where cybercriminals buy and sell exposed data. It can also help lawyers advise clients on a wide range of legal and business matters, say Anju Chopra and Brian Lapidus of Kroll.

  • Does Rule 45 Protect Nonparties From Undue Burden?

    Matthew Hamilton

    Interpretations of Rule 45 protections vary but what's clear is that "undue burden" does not mean no burden at all. To avoid the costs of compliance with a subpoena, a nonparty should be ready to demonstrate its disinterest in the litigation and the anticipated cost and burden of compliance, say attorneys at Pepper Hamilton LLP.

  • Key Deadlines For Connect America Fund Phase II Bidders

    James Falvey

    In its announcement of the winning Connect America Fund Phase II auction bidders, the Federal Communications Commission also disclosed a series of critical deadlines that winning bidders must prepare to meet, say James Falvey and Robert Gastner of Eckert Seamans Cherin & Mellott LLC.

  • Questions Remain After OIG Releases Fraud Risk Indicator

    Howard Young

    The U.S. Department of Health and Human Services Office of Inspector General recently announced a new initiative designed to increase transparency for health care organizations and their lawyers. However, it's unclear whether it will change the settlement dynamics when resolving False Claims Act allegations, say attorneys with Morgan Lewis & Bockius LLP and Bass Berry & Sims PLC.

  • Finally, Cyber Help For Small Businesses Is On Its Way

    Evan Wolff

    As resources like the recently passed NIST Small Business Cybersecurity Act continue to develop, smaller government contractors are turning to alternative strategies to lessen the challenge that traditional cybersecurity standards can pose, say attorneys with Crowell & Moring LLP.

  • 6th Circ. Encourages Insureds To Be Open With Insurers

    Matthew Beato

    The Sixth Circuit's recent decision in First Horizon v. Houston reinforces the importance of providing timely and complete notice to insurance carriers, and will discourage insureds from disguising crucial facts about claims, says Matthew Beato of Wiley Rein LLP.

  • A Closer Look At OFCCP's New Compensation Directive

    Joanna Colosimo

    Although the Office of Federal Contract Compliance Programs' recently released compensation directive appears to be more transparent than its 2013 directive, there are components that do not align with some basic pay equity analytical principles, say Joanna Colosimo and David Cohen of DCI Consulting Inc.