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Government Contracts
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February 13, 2024
Fox Rothschild Beefs Up Government Contracts Team In DC
Fox Rothschild LLP has added an experienced government contracts attorney from Sheppard Mullin Richter & Hampton LLP to its Washington, D.C., office.
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February 13, 2024
Government Contracts Group Of The Year: Seyfarth
Seyfarth Shaw LLP continues to defend a historic $367 million award it secured for the city of Anchorage, Alaska — one of the largest monetary judgments ever entered against the U.S. government in a contract dispute — landing the firm among Law360's 2023 Government Contracts Groups of the Year.
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February 13, 2024
Blocked Emails No Excuse For Missed Deadline, GAO Says
The National Geospatial-Intelligence Agency reasonably eliminated a Virginia consulting company's bid for a $71.1 million task order because it did not receive the company's emailed revisions by a deadline, the U.S. Government Accountability Office ruled, even though the agency's cybersecurity software blocked the emails.
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February 12, 2024
GAO Says Ambiguity Protest Too Late In HHS Comms Deal
A Virginia-based communications firm lost out on a marketing contract for the U.S. Department of Health and Human Services after the U.S. Government Accountability Office ruled that it had not provided a required rate agreement in its quote.
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February 12, 2024
Pa. Judge Won't Certify Class In Juvenile Facility Abuse Suit
A Pennsylvania federal judge has declined to certify a proposed class of former residents of juvenile facilities operated by Abraxas Youth and Family Services who claim to have suffered mental, physical or sexual abuse between 2000 and the present, saying "fact-finding mini-trials" would be needed to adequately identify members.
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February 12, 2024
Library Of Congress Must Revisit $450M Software Deal
The U.S. Government Accountability Office has backed protests by Deloitte and another company over $450 million in Library of Congress software development contracts, saying the agency made several errors in how it assessed and compared bids.
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February 12, 2024
Colo. Oil Co. Can't Halt Regulators' New Enforcement Efforts
A Colorado state judge has ruled that his order freezing state oil regulators' actions against K.P. Kauffman Co. Inc. does not stop officials from future enforcement against the oil and gas company.
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February 12, 2024
Feds Argue Immunity Again, Post-Discovery, In Flint Lead Case
The federal government is urging a Michigan federal judge to dismiss claims from Flint residents challenging the Environmental Protection Agency's response to lead exposure that began in 2014, saying that because the agency's decisions were discretionary and subject to policy review, the government has immunity under an exception to the Federal Tort Claims Act.
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February 12, 2024
Tenn. Dept. Settles Claims It Ignored Kids' Citizenship Options
A Tennessee federal court on Monday approved a settlement requiring Tennessee's Department of Children's Services to ensure undocumented children in its care can timely pursue legal status, resolving allegations the department irresponsibly let children age out of a special pathway to citizenship.
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February 12, 2024
NY Judge Keeps Navy Contract Trade Secrets Suit Alive
A New York federal judge partially upheld a trade secrets case against L3 Harris Cincinnati Electronics Corp., finding that BAE Systems plausibly alleged that it was cut out of a government contract for naval defense technology after sharing its proprietary information.
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February 12, 2024
Government Contracts Group Of The Year: Hogan Lovells
Hogan Lovells convinced the U.S. Government Accountability Office that a $1 billion contract for services supporting the Office of Refugee Resettlement's program for unaccompanied children was awarded based on a flawed evaluation, making it one of Law360's 2023 Government Contracts Practice Groups of the Year.
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February 12, 2024
Jury Convicts 3 Of $7.9M COVID Aid Fraud Scheme
A Manhattan federal jury convicted three people of perpetrating a scheme to bilk $7.9 million from the U.S. Small Business Administration through COVID-19 relief applications submitted in other people's names.
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February 12, 2024
Fla. Atty Wants $300K COVID Relief Fraud Conviction Axed
A Florida attorney convicted of conspiring to defraud a U.S. coronavirus pandemic relief program has asked a Georgia federal judge to vacate the jury's guilty verdict and either acquit her or order a new trial, arguing the government violated her due process rights by not submitting sufficient evidence to prove her guilt.
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February 12, 2024
Newman Cleared To Fight Law In DC, But Not Suspension
U.S. Circuit Judge Pauline Newman may challenge the law she has been suspended under, but she cannot get an injunction that would allow her to hear cases on the Federal Circuit again, nor fight how the law has been directly applied to her, a D.C. federal judge said Monday.
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February 09, 2024
House Dems Press Army For Data On Ammo Production Deal
Two House Democrats raised concerns Thursday that the U.S. Army wasn't tracking ammunition produced in a government-owned, contractor-run plant, saying without proper oversight, ammunition in that plant could wind up in the hands of a mass shooter.
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February 09, 2024
SunZia Line Developer To Argue Against DOI Injunction Bid
The developer of the proposed SunZia Southwest Transmission Project can intervene in litigation seeking to halt construction of its 550-mile powerline, a federal district court ruled, saying that disposing of the motion may impair the company's ability to protect its interests.
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February 09, 2024
Conn. Port Authority Cleared After 'Success Fee' Probe
A four-year investigation sparked by allegations that the Connecticut Port Authority paid an improper "success fee" to a contractor has ended after a handful of referrals for ethical breaches and lobbying misconduct, but the fee itself was legal and no other action is forthcoming, the state's attorney general has announced.
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February 09, 2024
Fed. Circ. Disputes Newman's Filing Alleging Listserv Cut
In response to Federal Circuit Judge Pauline Newman's filing alleging she has been cut from the circuit's judicial listserv, the other circuit judges on Friday told the court overseeing her lawsuit challenging her suspension that they "dispute both the accuracy and relevance of those legal and factual points" in her brief.
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February 09, 2024
Biden Admin. Seeks Suppliers For Major Clean Energy Deals
The Biden administration is looking for contractors to provide clean electricity to civilian and defense agencies in the mid-Atlantic and Midwest states for what it says will be one of the federal government's "largest-ever clean electricity purchases."
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February 09, 2024
Fed. Circ. Backs Gov't Win In Fla. University's Patent Dispute
A Federal Circuit panel has affirmed the rejection of a Florida university's infringement suit against the U.S. government over its patent on lab mice used to study Alzheimer's disease, ruling the 1980 law governing patents developed through federally funded research can apply to work that predates a funding agreement.
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February 09, 2024
Fed. Circ. Suggests Smiley Face Could Replace Mail Patent
A Federal Circuit panel on Friday appeared doubtful that a patent for processing undeliverable mail covers patent-eligible subject matter, with one judge saying a smiley face printed on a piece of mail could theoretically do the same thing.
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February 09, 2024
Government Contracts Group Of The Year: Covington
Successfully defending against a bid protest over the U.S. Army's award of an $8 billion contract for helicopter development, Covington & Burling LLP's government contracts team was able to secure the "largest and most complex competitive procurement" in Army aviation history for Bell Textron, earning the firm a place among Law360's 2023 Government Contracts Groups of the Year.
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February 09, 2024
FCRA Immunity Waiver Ruling Tees Up Compliance Frenzy
A U.S. Supreme Court ruling that the Fair Credit Reporting Act waives federal agencies' immunity from lawsuits will not only open the door to more litigation against government lenders but may also trigger housecleaning to ensure that debts are correctly reported, experts told Law360.
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February 09, 2024
New Report Recommends IP Commercialization Task Force
The National Advisory Council on Innovation and Entrepreneurship has told the Biden administration that it should direct the U.S. Patent and Trademark Office to create a task force to commercialize federal technology intellectual property and provide more IP incentives for federally funded research.
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February 09, 2024
Jordan Calls For Investigation Into DOJ's Deal With IRS Leaker
House Judiciary Committee Chairman Jim Jordan is investigating whether federal prosecutors were politically motivated to allow the former IRS contractor who leaked former President Donald Trump's tax returns to plead guilty to a single count of illegal disclosure, calling the arrangement "a sweetheart deal."
Expert Analysis
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FCA Can Be An Effective Tool For Fighting Customs Fraud
Appeals pending before the U.S. Supreme Court and Ninth Circuit may affect the scienter and jurisdictional aspects of False Claims Act cases alleging customs fraud, which can provide an avenue to alert U.S. Customs and Border Protection and potentially help clients to recover losses from unfair competitors, say Ellen London at London & Stout and former Assistant U.S. Attorney Li Yu.
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Some Client Speculations On AI And The Law Firm Biz Model
Generative artificial intelligence technologies will put pressure on the business of law as it is structured currently, but clients may end up with more price certainty for legal services, and lawyers may spend more time being lawyers, says Jonathan Cole at Melody Capital.
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What's New In NIST Revised Sensitive Info Security Guidelines
The National Institute of Standards and Technology's recently released draft of revised guidelines for government contractors and other entities handling sensitive unclassified federal information includes changes to enhance the specificity and user-friendliness of existing controls, but there is room for improvement, says Adam Briscoe at Bass Berry.
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A Lawyer's Guide To Approaching Digital Assets In Discovery
The booming growth of cryptocurrency and non-fungible tokens has made digital assets relevant in many legal disputes but also poses several challenges for discovery, so lawyers must garner an understanding of the technology behind these assets, the way they function, and how they're held, says Brett Sager at Ehrenstein Sager.
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Opinion
High Court's Ethics Statement Places Justices Above The Law
The U.S. Supreme Court justices' disappointing statement on the court's ethics principles and practices reveals that not only are they satisfied with a status quo in which they are bound by fewer ethics rules than other federal judges, but also that they've twisted the few rules that do apply to them, says David Janovsky at the Project on Government Oversight.
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G7 Russia Restrictions May Further Complicate Compliance
New sanctions and export controls announced at the G7 summit targeting parties that help Russia circumvent existing restrictions signal continued multilateral commitment to intensifying economic pressure on Russia, and underscore the increasing compliance challenges for companies that pursue Russia-related opportunities, say attorneys at Ropes & Gray.
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Opinion
Time For Law Schools To Rethink Unsung Role Of Adjuncts
As law schools prepare for the fall 2023 semester, administrators should reevaluate the role of the underappreciated, indispensable adjunct, and consider 16 concrete actions to improve the adjuncts' teaching experience, overall happiness and feeling of belonging, say T. Markus Funk at Perkins Coie, Andrew Boutros at Dechert and Eugene Volokh at UCLA.
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What The Justices' Questions Signify For FCA Compliance
Whatever the outcome of two False Claims Act cases pending before the U.S. Supreme Court, the justices' questions during recent oral arguments indicate that government contractors should take certain steps to ensure their compliance programs are demonstrably active and adaptable, say Holly Butler and Rebecca Fallk at Miles & Stockbridge.
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Justices Curb Fraud Theories, But That May Not Deter Feds
The U.S. Supreme Court’s opinions last week in Ciminelli v. U.S. and Percoco v. U.S. are the latest in a line of rulings aiming to limit the wire fraud statute’s application to state public corruption cases, but federal prosecutors will probably continue pursuing such cases using different charging language and other laws, says Alison Anderson at Boies Schiller.
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Tips For In-House Legal Leaders In A Challenging Economy
Amid today's economic and geopolitical uncertainty, in-house legal teams are running lean and facing increased scrutiny and unique issues, but can step up and find innovative ways to manage outcomes and capitalize on good business opportunities, says Tim Parilla at LinkSquares.
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What Associates Need To Know Before Switching Law Firms
Excerpt from Practical Guidance
The days of staying at the same firm for the duration of one's career are mostly a thing of the past as lateral moves by lawyers are commonplace, but there are several obstacles that associates should consider before making a move, say attorneys at HWG.
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Opinion
Radical Reform Is Needed So Small Biz Can Better Assist DOD
A recent U.S. Senate subcommittee hearing was a good first step in identifying national security implications of barriers to entry for small businesses selling to the U.S. Department of Defense, but the DOD and Congress must keep up momentum to prevent small business participation from declining further, says Jessica Lehman at Verizon.
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A Case For Sharing Mediation Statements With Counterparties
In light of a potential growing mediation trend of only submitting statements to the mediator, litigants should think critically about the pros and cons of exchanging statements with opposing parties as it could boost the chances of reaching a settlement, says Arthur Eidelhoch at Eidelhoch Mediation.
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Recent DOJ Setback Unlikely To Shift Labor Antitrust Focus
A Connecticut federal judge's recent toss of an aerospace no-poach prosecution in a rare Rule 29 order is unlikely to derail the U.S. Department of Justice Antitrust Division's ongoing efforts to criminally prosecute conduct affecting workers' compensation and job mobility, say attorneys at Perkins Coie.
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Preparing For Legal Scrutiny Of Data Retention Policies
Two recent cases involving Google and Meta should serve as a call to action for companies to ensure their data retention policies are updated and properly implemented to the degree of being able to withstand judicial scrutiny, especially as more data is generated by emerging technologies, say Jack Kallus and Labeed Choudhry at Kaufman Dolowich.