Government Contracts

  • November 20, 2017

    9th Circ. Urged To Trim Subcontractor's $1.1M Award Appeal

    An American contractor urged the Ninth Circuit on Friday to trim an Afghan subcontractor’s appeal seeking to revive a $1.07 million arbitration award stemming from a dispute over U.S. government prime contracts for construction in Afghanistan, saying the company seeks review of issues the lower court didn’t address.

  • November 17, 2017

    Duke Awarded $68M In Spent Nuclear Fuel Suit Against DOE

    A federal judge Friday granted two Duke Energy units nearly $68.5 million in damages resulting from the federal government's partial breach of a contract to collect spent nuclear fuel and waste from four plants in the Carolinas and Florida, but found an additional $3.1 million not recoverable.

  • November 17, 2017

    DynCorp Loses Protest Of $10B Counternarcotics Contract

    A Federal Claims decision unsealed Thursday tossed DynCorp’s challenge to a $10 billion counternarcotics support services contract it lost to AAR Airlift, but the ruling, resting largely on deference to the U.S. Department of State, was not without hand-wringing by a judge who called the unclear bidding process “troubling.”

  • November 17, 2017

    DOJ Denies Claims Of Change To FCA Dismissal Policy

    The U.S. Department of Justice has not taken a more aggressive stance toward seeking to throw out of court whistleblower False Claims Act suits that it deems unmeritorious, it indicated Friday, as the author of a report highlighting the purported policy change stood by his view.

  • November 17, 2017

    Exonerated Doc Isn't Innocent In $200M Medicare Con: Feds

    Prosecutors told Florida federal court Thursday not to declare innocent a doctor whose conviction for participating in a $200 million Medicare fraud was overturned three years into a nine-year sentence, arguing that while not proven guilty she “is not actually innocent.”

  • November 17, 2017

    House Dems Want Trump To Reverse DOD Afghan Secrecy Policy

    A pair of senior House Democrats urged President Donald Trump Friday to reverse a U.S. Department of Defense policy to classify previously public information on the performance and strength of Afghanistan’s armed forces, saying it will harm the ability of Congress to properly oversee U.S. operations in Afghanistan.

  • November 17, 2017

    GAO Backs Corps' Denial Of Flood Wall Bid, Citing Conflict

    The Government Accountability Office has sustained the exclusion of a joint venture from bidding on construction of earthen flood walls on Lake Okeechobee in Florida because one of the two companies helped the government review wall design plans.

  • November 17, 2017

    Feds Broker $1.25M Nursing Home Substandard-Care Deal

    The operators of a Mississippi nursing home have agreed to pay $1.25 million to settle claims they billed Medicare and Medicaid for substandard care, the U.S. Department of Justice said Thursday.

  • November 17, 2017

    Children’s Health Org Backs Hospitals In 1st Circ. CMS Row

    The Children’s Hospital Association urged the First Circuit on Thursday to uphold several New Hampshire hospitals’ win in a dispute over the alteration of a Centers for Medicare & Medicaid Services reimbursement policy, saying a reversal would have “far-reaching and harmful impacts” to children’s health organizations.

  • November 16, 2017

    Senate Sends $700B Defense Bill To Trump's Desk

    The U.S. Senate on Thursday unanimously approved the nearly $700 billion 2018 National Defense Authorization Act, sending the legislation to be signed into law alongside a companion bill intended to address concerns about the U.S. Department of Defense exercising oversight of drugs and medical devices.

  • November 16, 2017

    3rd Circ. Won't Revive FCA Suit Against CVS Caremark

    In a precedential ruling Thursday, the Third Circuit affirmed a Pennsylvania federal judge’s dismissal of a False Claims Act lawsuit against CVS Caremark Corp., finding that although the lower court’s reasoning was wrong, the whistleblower failed to show the alleged misrepresentations were important to the government’s decision to pay claims under Medicare Part D.

  • November 16, 2017

    Va. Transpo Officials, Contractors Cop To $10M Bribery Plot

    A pair of Virginia Department of Transportation supervisors and three trucking contractors have pled guilty to a scheme to bribe the officials to steer $10.3 million in state snow removal contracts toward the contractors, the U.S. Department of Justice announced Thursday.

  • November 16, 2017

    EPA Still Blowing Money On Risky Contracts, Watchdog Says

    Eight years after a governmentwide initiative, the U.S. Environmental Protection Agency still needs better acquisition planning and internal controls to slash hundreds of millions of dollars unjustifiably committed to high-risk contracts, the agency's internal watchdog said in a report released Wednesday.

  • November 16, 2017

    Split FCC Votes To Limit Lifeline Subsidy Uses

    The Federal Communications Commission voted on Thursday to move forward with altering the way funds for the Lifeline subsidy program are awarded and disbursed, narrowing the range of services that the program applies to and contemplating a budget cap and tighter eligibility requirements for tribal lands.

  • November 16, 2017

    Arnold & Porter Sues Congo Airline Client For $1M Fee

    Arnold & Porter Kaye Scholer LLP sued the national airline of the Republic of the Congo Wednesday in New York federal court for more than $1 million in legal fees the airline allegedly racked up fending off a contractor’s efforts to enforce a more than €567 million arbitration award against the nation.

  • November 16, 2017

    Contractor In $77M Forfeiture Wants Sanctions For Ex-Attys

    A defense subcontractor accused of fraudulently securing jobs in Afghanistan urged a D.C. federal court on Wednesday to sanction its former attorneys at Neel Hooper & Banes PC for allegedly refusing to quit when fired from the $77 million civil forfeiture litigation and pushing for an improper lien.

  • November 16, 2017

    Prosecutors Slam Pa. Mayor's Bid To Toss Graft Indictment

    Federal prosecutors on Wednesday ripped Allentown, Pennsylvania, Mayor Ed Pawlowski’s effort to stamp out the corruption case against him, saying his claims that they failed to present exculpatory evidence to an investigating grand jury were both legally and factually flawed.

  • November 15, 2017

    Chesapeake Bay Paper Sues EPA For Details After Grant Cut

    A regional newspaper covering environmental issues affecting the Chesapeake Bay sued the U.S. Environmental Protection Agency on Monday in D.C. federal court for information regarding its sudden decision to cut the paper’s funding, arguing that the decision raises questions about the Trump administration’s support of free speech and scientific reporting.

  • November 15, 2017

    Altegrity Floats $4M Okla. Tax Commission Deal In Ch. 11

    Reorganized security and information firm Altegrity Inc. sought Delaware bankruptcy court clearance Wednesday to settle $24.9 million in disputed tax claims with Oklahoma for $4 million, after a yearslong series of state and bankruptcy court proceedings.

  • November 15, 2017

    Baker Donelson Review Flags More Past Conduct At Hospital

    An independent review organization, led by a Baker Donelson Bearman Caldwell & Berkowitz PC shareholder and mandated by a $70 million settlement between the federal government and the North Broward Hospital District over alleged patient referral kickbacks, has told Florida's chief inspector general it has uncovered more possible misconduct among the hospital group's previous leadership.

Expert Analysis

  • Law Firms Must Transition To An Industry Sector Approach

    Heidi Gardner

    Clients are beginning to expect and demand that their external lawyers provide advice tailored to the client's industry. Aside from this, law firms should want to move toward a sector approach because industry-focused groups are a natural place for cross-practice collaboration to flourish, say Heidi Gardner and Anusia Gillespie of Harvard Law School.

  • Series

    Judging A Book: Kozinski Reviews 'The Judge'

    Judge Alex Kozinski

    In their new book, "The Judge: 26 Machiavellian Lessons," do Ronald Collins and David Skover prove their thesis that hypocrisy is the key to judicial greatness? Some of the examples they present are hard to dispute, says Judge Alex Kozinski of the Ninth Circuit.

  • Financial Crisis Anniversary

    New Post-Recession Metrics For BigLaw Partner Success

    Peter Zeughauser

    After nearly a decade of recession-accelerated change in the legal industry, “merit-based” compensation has largely come to mean measuring attorney success using some combination of origination and working attorney hours metrics. However, there are signs that the real impact of the recession is still around the corner, and that building a book isn’t enough, says Peter Zeughauser of Zeughauser Group.

  • Opinion

    Time To Lift Student Loan Counseling Restrictions

    Christopher Chapman

    While it lends more than $100 million each year to our nation’s college students — including law students — the U.S. Department of Education surprisingly limits loan counseling to one-time entrance counseling for first-time student borrowers. Is this rational? asks Christopher Chapman, president of AccessLex Institute, a nonprofit focused on access to legal education.

  • An Important Message For Midsized Government Contractors

    Thomas McVey

    Government contracts firms frequently ask questions about the application of International Traffic In Arms Regulations requirements, including how ITAR is applied to small and midsized companies. The Bright Lights case squarely addresses many of these questions, says Thomas McVey of Williams Mullen.

  • How Conduct Abroad Impacts Health Care Business In US

    Alison Fethke

    Given the uptick in global awareness and enforcement of anti-bribery and corruption laws, most U.S.-based health care companies are attuned to the risks associated with legal infractions caused by their operations and conduct abroad. However, such ex-U.S. activities may also impact health care companies’ ability to conduct business within the U.S., say attorneys with Ropes & Gray LLP.

  • Why You Should Consider Hyperlinking Your Next Brief

    Christine Falcicchio

    The shift to electronic filing has somewhat eased the task of reviewing briefs and their supporting files. An e-brief takes e-filing to the next level, says Christine Falcicchio, a principal at Strut Legal Inc.

  • Asian-Americans Facing Challenges In The Legal Industry

    Goodwin Liu

    Asian-Americans are the fastest-growing minority in the legal profession, but recent studies confirm their underrepresentation among partners, prosecutors, judges and law school administrators. We must take action, say Goodwin Liu, associate justice of the California Supreme Court, and Ajay Mehrotra of the American Bar Foundation.

  • A BigLaw Ladies’ Guide To Becoming A 1st-Chair Trial Lawyer

    Sarah Rathke

    Judge Shira Scheindlin recently published an op-ed in The New York Times discussing the statistical truth that law firms have poor representation of female attorneys as first-chair trial lawyers. Backed by data collected by the New York State Bar Association, Judge Scheindlin’s observation is not merely anecdotal. But it doesn’t have to be inevitable, says Sarah Rathke, a partner and trial lawyer at Squire Patton Boggs LLP.

  • Steps For Government Contractors To Take After Hurricanes

    Jay DeVecchio

    For government contractors, Hurricanes Harvey and Irma will continue to cause delays, increases in costs, and material shortages and damage. Most contractors will be entitled to contract schedule relief. But they may not be entitled to additional compensation, say Jay DeVecchio and Lauren Horneffer of Morrison & Foerster LLP.