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Government Contracts

  • 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.

  • October 26, 2018

    Turkish Co. Seeks Confirmation Of $47M Award Against Gabon

    A Turkish construction company has asked a D.C. federal court to confirm a $46.9 million arbitration award it secured against the African nation of Gabon in a dispute over payments on contracts to build the presidential palace and a museum in the country.

  • October 25, 2018

    NY Court Nixes Allied Capital's $12M FCA Coverage Award

    A New York appeals court on Thursday vacated a nearly $12 million arbitration award that Allied Capital Corp. won against an AIG unit to cover its costs to defend and settle a federal False Claims Act lawsuit, saying the arbitrators exceeded their authority when they reversed course from a prior decision and found the insurer liable for the settlement payment.

  • October 25, 2018

    Defense Dept. Teams With GSA On $8B Office Cloud Program

    The U.S. Department of Defense will team up with the U.S. General Services Administration for its pending office services cloud contract, rather than going it alone on the $8 billion program, the agencies jointly announced Thursday.

  • October 25, 2018

    Kilpatrick Nabs Former Cyber Crimes Prosecutor In Atlanta

    Kilpatrick Townsend & Stockton LLP has landed a former prosecutor from the U.S. Attorney’s Office for the Northern District of Georgia who brings extensive experience handling a range of white collar criminal cases and dealing with cybersecurity matters.

  • October 25, 2018

    VA Should Improve Small Biz Preference Program, GAO Says

    The U.S. Department of Veterans Affairs’ use of veteran-owned small businesses has increased significantly since the U.S. Supreme Court ruled a related contracting preference is mandatory, but VA contracting officers are still struggling to implement that preference, according to a watchdog report released Wednesday.

  • October 25, 2018

    Visa Snafu Delays Sentencing For Ex-Embraer Exec

    A former Embraer SA sales executive who told a Brooklyn federal judge last year that he paid a $1.5 million bribe to a Saudi official has had his sentencing delayed because he was denied permission to board a plane to return to the United States.

  • October 24, 2018

    UnitedHealth Says Investors Should Wait To Demand Books

    Attorneys for UnitedHealth Group told a Delaware Supreme Court panel Wednesday that shareholders' demands to inspect corporate books and records must not be filed until the allegations the demands are based on have been found viable.

  • October 24, 2018

    Ex-NY Legislator Gets 6 Months For Frauds, Obstruction

    Former New York State Assemblywoman Pamela Harris was sentenced to six months in prison on Wednesday after she admitted to lying to the Federal Emergency Management Agency and the New York City Council to get government money and then pressuring her sister to lie to the FBI about it.

  • October 24, 2018

    Hospital Co. Wants To Nix $61.8M False Claims Suit

    Baylor Scott & White Health has urged a federal judge to let it escape a False Claims Act suit claiming the Texas-based health system and affiliated hospitals overbilled Medicare by more than $61.8 million during a seven-year period.

  • October 24, 2018

    Lockheed CEO Raises Concerns About DOD's Price Focus

    Defense giant Lockheed Martin Corp. may not compete for certain future U.S. Department of Defense contracts amid concerns that the DOD is disproportionately focusing on price over capability, its CEO said.

  • October 24, 2018

    DOD Issues $34M Expansion Of 'Hack The Pentagon' Program

    The U.S. Department of Defense said Wednesday that it has expanded its “bug bounty” program, originally intended to find cyber vulnerabilities in its networks and websites, to also include hardware, while awarding $34 million in deals to three companies to aid with the effort.

  • October 24, 2018

    DOJ Flouting FCA Discovery Duties, UnitedHealth Unit Says

    The U.S. Department of Justice is defying the U.S. Supreme Court’s Escobar decision by rejecting False Claims Act discovery requests aimed at gleaning information about the government’s knowledge of allegedly fraudulent billing practices at hospitals, a UnitedHealth Group Inc. unit said.

  • October 24, 2018

    ACLU Presses Gov’t On Amazon Face-Recognition Plans

    The American Civil Liberties Union on Wednesday sought records on the federal government’s efforts to obtain Amazon-developed facial recognition technology so agents can use it in immigration enforcement activities, arguing that Congress should first determine the limits of the technology’s use.

  • October 24, 2018

    Ex-NY Senate Leader Gets 4 Years For 2nd Graft Conviction

    Former New York State Senate Majority Leader Dean Skelos was sentenced Wednesday to four years and three months in prison, following his second corruption conviction for coercing businesses into directing payments to his son, Adam.

  • October 23, 2018

    Lockheed Martin Nears $46B Canadian Warship Design Deal

    Lockheed Martin Canada inched closer to landing a roughly C$60 billion ($46 billion) contract to design a new set of warships for the Royal Canadian Navy after it was named the “preferred bidder” on the project by the Canadian government.

  • October 23, 2018

    Oro Negro Stops Rig Seizure By Bondholders After Standoff

    Just days after a daring helicopter pad standoff in the Gulf of Mexico, distressed Mexican oil rig company Perforadora Oro Negro obtained a temporary restraining order Tuesday in New York bankruptcy court to stop a group of Singaporean entities that own the oil rigs from seizing them.

  • October 23, 2018

    Ammo Co. Says Dick's Delayed Buy Led To Lost Copter Deal

    A munitions company sought more than $5.4 million from Dick’s Sporting Goods Inc. in Pennsylvania federal court Tuesday, alleging that the retailer's monthslong delay in accepting a large ammunition sale set off a chain of events that caused the munition company’s sale of helicopters to the Lebanese government to fall through.

  • October 23, 2018

    DOD Watchdog Urged To Review $10B JEDI Cloud Deal

    Two Republican lawmakers have asked a U.S. Department of Defense watchdog to look into a pending $10 billion Joint Enterprise Defense Infrastructure cloud computing contract, citing “gating” of deal that makes it appear the contract is being steered toward Amazon Web Services.

Expert Analysis

  • Fed. Circ. Ruling Highlights Bid Protester Standing Issues

    Stuart Turner

    There is friction between the need for courts to consider the standing of government contract bid protesters and the exclusive authority of the procuring agency to perform evaluations. The Federal Circuit's decision last week in CliniComp provides an illustration, say Stuart Turner and Nathaniel Castellano of Arnold & Porter.

  • The Insurance And Tax Consequences Of Settling FCA Cases

    Andy Liu

    When you settle a False Claims Act case, will you have to pay the money out of pocket, or could some or all of it be covered by insurance? Can you write off some or all of the amount from your taxes? ​​​​​​​Andy Liu and Jason Lynch of Nichols Liu LLP address these questions and survey the relevant case law.

  • 8 Innovative Ways To Empower Jurors

    Christopher Campbell

    Much time and attention have been focused on improving lawyers' abilities to communicate with and persuade juries in complex trials. But it is equally important to equip and prepare jurors to become better students in the courtroom, say attorneys with DLA Piper and Litstrat Inc.

  • Cloud Computing Clearly The Future For Small Firms

    Holly Urban

    While in-house technology investments on the scale and complexity needed to compete with large firms remain cost prohibitive for small and midsize law firms, cloud-based services offer significant cost savings and productivity gains with little to no capital investment, says Holly Urban of Effortless Legal LLC.

  • Leveraging Today's Lateral Associate Market

    Darin Morgan

    With the Milbank/Cravath pay scale once again equalizing compensation at many Am Law 100 firms, there is even more pressure for firms to differentiate themselves to top lateral associate candidates. This presents strategic considerations for both law firms and lateral candidates throughout the recruitment process, says Darin Morgan of Major Lindsey & Africa.

  • Q&A

    Back To School: Stanford's Jeff Fisher Talks Supreme Court

    Jeffrey Fisher

    In this series featuring law school luminaries, Stanford Law School professor Jeffrey Fisher discusses his motivation for teaching, arguing before the U.S. Supreme Court and what the court might look like if Judge Brett Kavanaugh is confirmed.

  • Aviation Watch: Why The F-35 Has Struggled To Take Flight

    Alan Hoffman

    Seventeen years after the U.S. Department of Defense awarded Lockheed Martin the contract for the F-35 Joint Strike Fighter, and 12 years after the first production aircraft flew in 2006, all versions of the plane remain far from combat-ready, or even fully operational. Recent concerns about cybersecurity have added to the project's woes, says Alan Hoffman, a retired attorney and private pilot.

  • Fed. Circ. Case Steers Agencies Toward Commercial Vendors

    Nathaniel Castellano

    The Federal Circuit's decision last week in Palantir v. U.S. breathed new life into the government’s obligations to prioritize the acquisition of commercial and nondevelopmental solutions. It may prove to be one of the most significant procurement precedents of the decade, say attorneys with Arnold & Porter.

  • How A Hurricane Affects Gov't Contractors

    Joseph Berger

    During and immediately after a catastrophic event such as Hurricane Florence, government contractors must prioritize protection of lives and property. But the work of promptly identifying and documenting the hurricane’s effects on contract schedules and costs must not be forgotten or ignored, say attorneys with Thompson Hine LLP.

  • Calif.'s New Rules For Lawyers Move Closer To ABA Model

    Mark Loeterman

    The first comprehensive overhaul of California's Rules of Professional Conduct in nearly 30 years becomes operational on Nov. 1. Some of the new rules mirror the model language used by the American Bar Association, but many continue to reflect California’s unique approach to certain ethical questions, says Mark Loeterman of Signature Resolution LLC.