Government Contracts

  • November 6, 2017

    ManorCare Wants Sanctions Against DOJ Attys In FCA Suit

    Nursing home chain HCR ManorCare asked a Virginia federal court on Friday to sanction U.S. Department of Justice attorneys in a whistleblower False Claims Act case accusing the company of overbilling Medicare for unnecessary care, saying the attorneys have ignored court rules and orders while litigating the case.

  • November 6, 2017

    Heckler & Koch Denied Another Bid To Pause $27M Army Suit

    A federal judge on Monday declined to halt a $27 million lawsuit brought by U.S. defense contractor Orbital ATK Inc. over a U.S. Army contract dispute, finding that a magistrate judge did not clearly err when he denied Heckler & Koch GmbH's efforts to pause the case pending an Eighth Circuit appeal.

  • November 3, 2017

    Siemens Must Face Suit Over Accident Tied To Traffic Light

    A California appellate court ruled on Thursday that Siemens Industry Inc. was negligent when it failed to maintain backup batteries in a traffic light, reversing a lower court's finding that the company did not have a duty of care to the victims of a car wreck.

  • November 3, 2017

    Humana Sues For $611M In ACA Risk Corridor Payments

    Humana Inc. hit the federal government Thursday with a suit in the U.S. Court of Federal Claims demanding more than $611 million in unpaid subsidies under the Affordable Care Act’s controversial risk corridors program.

  • November 3, 2017

    Fed. Circ. Revives Tricare Outpatient Underpayment Dispute

    The Federal Circuit on Friday partially revived a suit alleging several hospitals were underpaid by Tricare for outpatient radiology services, saying the U.S. Department of Defense could not use a release in a disputed payment deal to sidestep a claim that it had breached that contract.

  • November 3, 2017

    Bomb Maker Can Keep Legal Advice Secret In Saudi Deal

    The last American manufacturer of cluster bombs does not have to disclose whatever legal advice it was operating under when it arranged a roughly $1 billion sale of the internationally banned weapons to Saudi Arabia in 2011, a Massachusetts federal judge decided on Friday.

  • November 3, 2017

    House OKs CHIP Extension Funded By Tighter ACA Rules

    The House of Representatives on Friday approved a five-year reauthorization of the Children's Health Insurance Program, simultaneously cutting some prevention and other funds from the Affordable Care Act.

  • November 3, 2017

    4th Circ. Pauses Black Worker's Suit Over Noose, KKK Hood

    The Fourth Circuit on Thursday paused a suit alleging the shift captain at a security firm was harassed by coworkers who made him hold a noose and imitated a Ku Klux Klan hood with a white sheet while the court determines whether to rehear its decision to dismiss the case.

  • November 3, 2017

    Court Case Doesn’t Bar Patent Challenge At PTAB, Board Says

    The U.S. Patent Trial and Appeal Board has held that the maker of Humvee military vehicles was not barred from challenging a patent for a device that aids in regulating diesel-engine startup temperatures, parts of which the U.S. government recently settled an infringement case over in Federal Claims Court.

  • November 2, 2017

    Ex-JFK Terminal Director To Pay NY $2M Over Contract Bribes

    The former director of the company that manages operations at John F. Kennedy International Airport’s Terminal One was convicted of accepting bribes in exchange for the awarding of contracts and will pay a $2 million settlement, New York Attorney General Eric Schneiderman said Thursday.

  • November 2, 2017

    Epic's Software Double-Bills Gov't For Anesthesia: FCA Suit

    Health software company Epic Systems' software wrongly defaults to double-billing for anesthesia services, resulting in the government being overbilled by hundreds of millions of dollars, a relator claimed in a Florida federal False Claims Act case made public Thursday.

  • November 2, 2017

    Defense Co. Beats Ex-Employee's Retaliation Suit

    A security contractor on Wednesday beat claims that it retaliated against a former employee for acting as a False Claims Act whistleblower, as a Virginia federal judge found that the man had been fired for poor job performance, not because he was pointing out fraud and misappropriation of government funds.

  • November 2, 2017

    Enron Unit Gets Fees In $21M Nigeria Award Case

    A former Enron subsidiary largely prevailed Thursday in its bid for Nigeria to pay attorneys' fees it accrued while trying to enforce a $21.2 million arbitral award stemming from a dispute over the early termination of a power purchase agreement, with a D.C. federal judge approving more than $233,000.

  • November 2, 2017

    Youth Center Duped Medicaid Out Of Millions, Gov't Says

    The federal government and Illinois have slapped a Chicago-area youth counseling center with False Claims Act litigation contending that the facility’s owners tricked Medicaid out of millions by billing the program for more services than were actually provided and claiming time spent on non-reimbursable activities, the U.S. Department of Justice announced Wednesday.

  • November 2, 2017

    Ex-Akin Gump Atty To Plead Guilty In FCA Suit-Selling Case

    The former litigation partner at Akin Gump Strauss Hauer & Feld LLP who was arrested while allegedly trying to sell a sealed False Claims Act complaint to the cybersecurity company it was filed against plans to plead guilty later this month, his attorney confirmed Thursday.

  • November 2, 2017

    7th Circ. Upholds 6-Year Sentence For Medicaid Fraud

    The Seventh Circuit on Wednesday affirmed a conviction and six-year sentence for the owner of an Indiana medical transport company who was charged with health care fraud and identity theft, finding that she failed to show any clear error in the proceedings that led to the jury’s guilty verdict.

  • November 2, 2017

    Charging Station Co. Exec Gets 2 Years For Defrauding Gov't

    The former president of a California company that operated electric vehicle charging stations has been sentenced in Illinois federal court to two years in prison after pleading guilty to defrauding state and local governments in an effort to obtain grant funds.

  • November 2, 2017

    Pa. Mayor Says Feds Misled Grand Jury In Graft Indictment

    The mayor of Pennsylvania’s third-largest city asked a federal judge to throw out the corruption case against him on Wednesday, arguing that federal prosecutors manipulated an investigating grand jury and relied on hearsay evidence rather than direct testimony from the key cooperating witness to secure the indictment.

  • November 2, 2017

    House Dems Sue GSA Over Trump Hotel Documents

    Democrats on the House Oversight Committee sued the U.S. General Services Administration on Thursday, alleging it has unlawfully withheld documents from them related to a Trump Organization’s contentious hotel lease for the Old Post Office building in Washington, D.C.

  • November 2, 2017

    AmerisourceBergen Eyes $575M FCA Deal After Criminal Plea

    AmerisourceBergen Corp. said Thursday it has set aside $575 million amid a False Claims Act investigation related to impure drugs and avoidance of U.S. Food and Drug Administration oversight, following the drug distributor’s recent criminal plea involving the same allegations.

Expert Analysis

  • Opinion

    Congress Must Do More To Speed Up DOD Cyber Acquisitions

    Daniel Schoeni

    The slow pace of cyber acquisitions constitutes a significant vulnerability. Congress has relieved some of the U.S. Department of Defense's regulatory burden in the past two years, but the streamlining efforts do not go nearly far enough to deter our enemies, says Daniel Schoeni, a judge advocate with the U.S. Air Force.

  • A Guide To The Executive Branch Official Nomination Process

    Adam Raviv

    Although the Trump administration has completed the vetting and confirmation of a cabinet and White House staff, thousands of senior positions remain unfilled throughout the executive branch. More than ever, people selected for those posts find themselves under close scrutiny, say Adam Raviv and Reginald Brown of WilmerHale.

  • Can I Protest Additional IDIQ Awards? Depends Who You Ask

    Aron Beezley

    Most seasoned bid protest attorneys have been asked by a client, “Can my company protest the addition of other contractors to the indefinite-delivery, indefinite-quantity pool?” As the Government Accountability Office’s recent decision in AAR Airlift illustrates, the answer to this question is “yes and no,” says Aron Beezley of Bradley Arant Boult Cummings LLP.

  • How Collaboration Is Changing Inside Some Law Firms

    Chris Cartrett

    In our recent survey of business of law professionals, nearly half of respondents said that who they collaborate with, inside their law firm, is different from five years ago, says Chris Cartrett of legal software provider Aderant.

  • Opinion

    Dealing With Difficult Lawyers

    Alan Hoffman

    Some lawyers tend to be overly aggressive, regarding law practice as a zero-sum game in which there are only winners and losers. The best response is to act professionally — separating the matter at hand from the personalities. But it is also important to show resolve and not be vulnerable to intimidation, says Alan Hoffman of Husch Blackwell LLP.

  • The SBA All Small Mentor-Protégé Program, 1 Year Later

    Katie Flood

    In October, it will be one year since the Small Business Administration began accepting applications to its All Small Mentor-Protégé Program. During this time, we have been able to draw some lessons regarding the SBA's approach to the application process, says Katie Flood of PilieroMazza PLLC.

  • How VA Circumvents High Court Kingdomware Decision

    Daniel Koch

    Last year the U.S. Supreme Court ruled against the U.S. Department of Veterans Affairs in Kingdomware. However, the VA is pursuing a somewhat stealthy strategy that appears targeted to continue, in part, its pre-Kingdomware resistance to setting aside procurements for veteran-owned firms, say Daniel Koch and Stephen Ramaley of Miles & Stockbridge PC.

  • Revisiting Bishop In Light Of Escobar

    Andrew Schilling

    Last year, the Second Circuit in Bishop v. Wells Fargo handed the banking industry some much-needed ammunition to fight back against False Claims Act suits premised on broad certifications of compliance. It seems unlikely that the court’s upcoming reconsideration of the case in light of the U.S. Supreme Court's Escobar decision will change the outcome, say Andrew Schilling and Megan Whitehill of Buckley Sandler LLP.

  • Avoiding Wage And Hour Issues During A Gov't Shutdown

    Shlomo Katz

    As the federal government fiscal year nears its end, the airwaves are once again filled with the words “government shutdown” and “sequestration.” If those events come to pass, companies that are dependent to any significant degree on federal funding may need to think about furloughing some of their staff. But one type of worker in particular can present a challenge in this situation, says Shlomo Katz of Brown Rudnick LLP.

  • The Psychology Of Hourly Fee Arrangements

    J.B. Heaton

    The range of possible and better fee agreements is wide. But such alternatives will become popular only if litigants confront the psychological tendencies shaping their existing fee arrangements, says J.B. Heaton, a partner at Bartlit Beck Herman Palenchar & Scott LLP.