Government Contracts

  • May 1, 2018

    PharMerica Beats Final Claims In 2007 Kickback Lawsuit

    Nursing home pharmacy chain PharMerica Corp. escaped a False Claims Act case unblemished on Tuesday, joining two other companies that settled without admitting culpability in the 11-year-old whistleblower suit that once sought $421 million in Massachusetts federal court.

  • May 1, 2018

    Tribe Sues Feds For $94M Over Health Contract Support Costs

    The Muscogee (Creek) Nation filed suit against the U.S. Indian Health Service on Tuesday saying that it is owed about $94 million for health service contract costs accumulated from fiscal year 2006 to 2014 and that negotiations to resolve the issue have not worked out.

  • May 1, 2018

    Hanover Says JV Owes It For Army Corps Project Losses

    A joint venture and its affiliates improperly failed to cover The Hanover Insurance Co. for more than $5 million in losses caused by claims, settlements and litigation stemming from an Illinois boiler plant project with the U.S. Army Corps of Engineers, the insurer alleged in Georgia federal court Monday.

  • May 1, 2018

    Tech Group Urges More Transparency On DOD Cloud Deal

    An industry group that represents Google, Microsoft Corp. and dozens of other information technology firms that serve the public sector issued a letter calling for lawmakers to release an upcoming U.S. Department of Defense report on its contentious JEDI cloud procurement and steer the DOD away from its single-source proposal.

  • May 1, 2018

    KBR To Help Build Landmark Chemical Plant In Saudi Arabia

    Global construction and procurement giant KBR Inc. has landed a contract with the Saudi Arabian Oil Company to develop the world’s largest fully integrated crude oil-to-chemicals complex, according to a statement by KBR.

  • May 1, 2018

    Lockheed Awarded $1.4B To Sustain F-35 Fighter Jets

    Lockheed Martin has landed a $1.4 billion contract to provide continued support and logistics services for the worldwide fleet of F-35 Lightning II fighter jets used by the U.S. Armed Forces and international customers, according to a Monday announcement. 

  • April 30, 2018

    Mass. Mental Health Facilities Must Face FCA Suit

    A federal judge told a Massachusetts mental health group in court on Monday that it will not escape an allegation that the company has for eight years been overbilling state and federal health insurance programs for treatments conducted at clinics allegedly run by unlicensed, untrained and unsupervised personnel.

  • April 30, 2018

    Panasonic, In-Flight Unit To Pay $280M To End FCPA Probe

    Panasonic Corp. and a subsidiary agreed on Monday to pay a total of more than $280 million to settle allegations the company violated the Foreign Corrupt Practices Act by hiding payments to third parties linked to government-owned airlines in Asia and the Middle East and to a purported corporate spy inside a U.S. airline.

  • April 30, 2018

    Slew Of Defense Acquisition Rules On Chopping Block

    The U.S. Department of Defense expects to slash about half its defense-specific acquisition rules after a regulatory review panel completes its work, a top U.S. Army contracting official said.

  • April 30, 2018

    Nev. Surgery Practice Pays $1.5M To End FCA Allegations

    A Las Vegas-based cardiovascular surgical practice agreed to pay $1.5 million to resolve False Claims Act allegations that the organization overbilled federal health care programs including Medicaid and also billed for services it did not perform, the U.S. Department of Justice said Friday.

  • April 30, 2018

    EU Greenlights Italy's €8.5B Highway Improvement Contracts

    The European Union competition regulator said it approved a plan by Italy to prolong two private highway contracts without a bid, saying caps on tolls and potential compensation from the projects align with EU state aid rules.

  • April 30, 2018

    Fed. Circ. Says Bid To Revisit VA Contract Ruling Too Late

    The Federal Circuit on Monday backed the Court of Federal Claims’ refusal to revisit its judgment in a protest over a U.S. Department of Veterans Affairs medical supply contract, saying the protester could not extend a deadline for reconsideration based on a “collateral” alteration to the original judgment.

  • April 30, 2018

    Pa. Turnpike Agency Inks $2M Deal To End IT Contract Row

    The Pennsylvania Turnpike Commission has accepted a $2 million settlement from a bankrupt technology company it had targeted for more than 20 times that amount in damages for alleged overbilling and alleged failure to adequately perform under a string of contracts in the 2000s.

  • April 30, 2018

    Orbital Must Share Internal Probe Docs, Pensioners Say

    A pension fund urged a Virginia federal court on Friday to compel Orbital ATK Inc. to turn over documents related to its internal investigation into financial misstatements made about a contract with the U.S. Army, saying Orbital's privilege claims in discovery have been overly broad.

  • April 27, 2018

    Gov't Urges 18-Month Sentence For Atty In Pa. Graft Case

    Federal prosecutors are urging a judge to sentence an attorney and political consultant to 18 months in prison after he copped to charges in connection with two separate pay-to-play schemes in the Pennsylvania cities of Allentown and Reading.

  • April 27, 2018

    Biogen Must Face FCA Suit Minus 17 State-Level Claims

    Biogen Idec Inc. must face a False Claims Act lawsuit in Massachusetts after a federal judge on Friday ruled two former employees adequately alleged that the Cambridge-based company paid kickbacks in 2009 and 2010 to doctors who prescribed its multiple sclerosis medications.

  • April 27, 2018

    Conn. Man Fights Restitution Bid In Stadium Fraud Suit

    A man convicted of pocketing funds earmarked for developing a $12 million soccer stadium told a Connecticut federal judge on Friday that he should not owe restitution to the city of Hartford for his role in the scheme, saying the government failed to prove actual loss attributable to him.

  • April 27, 2018

    Russia Sanctions Hurt US Arms Sales, Defense Chief Says

    Sanctions placed on Russia by Congress are also hurting both the U.S. and its allies by restricting arms sales, Defense Secretary James Mattis told lawmakers, as he also defended the U.S. Department of Defense’s contentious approach to its pending JEDI cloud computing contract.

  • April 27, 2018

    Energy Exec Accused Of Percoco Bribe Appears To Plead Out

    A former executive at a power plant development company who is accused of bribing Joseph Percoco, a former top aide to New York Gov. Andrew Cuomo, appears to have struck a plea deal with federal prosecutors, according to court papers filed Thursday.

  • April 27, 2018

    2 Charged In Fla. Scheme To Defraud Kids Food Program

    Two South Florida residents have been charged with stealing food from the mouths of babes by participating in a multifaceted fraud conspiracy that took advantage of a federal program providing free and reduced-cost meals to underprivileged children at day care centers, federal prosecutors said Friday.

Expert Analysis

  • Nontraditional Health Care Programs Under The Microscope

    Paul Cirel

    Sponsored health care programs have expanded the scope of available services to include "providers" who do not offer direct medical care, but who facilitate or coordinate the provision of services by physicians and other more traditional caregivers. Difficulties in determining how to monitor these newer provider types may have kept them off the government's fraud and abuse radar for a while, but not anymore, says Paul Cirel of Todd & Weld LLP.

  • A New Weapon To Help FDA Control Enforcement Priorities

    Peter Leininger

    Last month, an internal U.S. Department of Justice memorandum surfaced suggesting that the DOJ may increase its efforts to dismiss meritless qui tams. No agency would welcome this more than the U.S. Food and Drug Administration, which has struggled to deal with endless False Claims Act investigations, says Peter Leininger of King & Spalding LLP.

  • 10 Government Contracting Trends To Watch This Year

    Joseph Berger

    Recent developments point to continued high total spending on government contracts, which will improve national defense, disaster relief and domestic infrastructure, presenting opportunities and challenges for both agencies and contractors, says Joseph Berger of Thompson Hine LLP.

  • How Emerging Sources Of ESI Will Impact Discovery

    Charles McGee

    Late last year, the Sedona Conference released the third edition of its principles addressing electronic document production, updated to account for innovations like Snapchat and Twitter. It may be necessary for these principles to be updated more often in order to keep pace with technology, says Charles McGee III of Murphy & McGonigle PC.

  • 3 Mass. Proposals Signal A New Wave Of Offshore Wind

    Tommy Beaudreau

    After the recent submission of three bids in response to Massachusetts electric distribution companies' request for proposals for offshore wind energy projects, the stage is set for 2018 to be a breakthrough year in U.S. offshore wind development, say attorneys with Latham & Watkins LLP.

  • Put The Brakes On Acceleration Bay Litigation Funder Ruling

    David Gallagher

    Last week, the District of Delaware raised eyebrows by ruling that documents provided to a litigation funder and its counsel in connection with their due diligence are categorically not attorney work product. Acceleration Bay v. Activision Blizzard seems to be a case of bad facts making bad law, says David Gallagher, investment manager and legal counsel for Bentham IMF.

  • Considerations For Attorneys Using Artificial Intelligence

    Ben Allgrove

    Artificial intelligence tools can empower attorneys to work more efficiently, deepen and broaden their areas of expertise, and provide increased value to clients, which in turn can improve legal transparency, dispute resolution and access to justice. But there are some common pitfalls already apparent in the legal industry, say Ben Allgrove and Yoon Chae of Baker McKenzie.

  • High Court May Consider Ending Hypothetical Jurisdiction

    William Adams

    A little-discussed petition for certiorari — Vitol v. Autoridad de Energía Eléctrica de Puerto Rico — presents the important question of whether a lower federal court may resolve a case on the merits without determining whether Congress has granted it jurisdiction to do so. This implicates weighty issues concerning separation of powers, federalism and preclusion, say William Adams and Owen Roberts of Quinn Emanuel Urquhart & Sullivan LLP.

  • Series

    Judging A Book: Duncan Reviews 'Justice And Empathy'

    Judge Allyson Duncan

    In "Justice and Empathy: Toward a Constitutional Ideal," the late Yale Law School professor Robert Burt makes a compelling case for the undeniable role of the courts in protecting the vulnerable and oppressed​. But the question of how the judiciary might conform to Burt’s expectations raises practical problems​, says U.S. Circuit Judge Allyson Duncan of the Fourth Circuit. ​

  • 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.