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Government Contracts
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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."
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February 09, 2024
GE Aerospace To Pay $443K To End DOL Sex Bias Probe
GE Aerospace will pay $443,000 to resolve the U.S. Department of Labor's allegations that it discriminated against women by failing to hire qualified female applicants to fill manufacturing operations associate positions in its Rutland, Vermont, facility, the agency said Friday.
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February 08, 2024
High Court Ruling Solidifies SOX Whistleblower Protections
The U.S. Supreme Court's unanimous decision Thursday in favor of a UBS whistleblower has solidified whistleblower protections across a wide range of industries, with one attorney saying the ruling has made the Sarbanes-Oxley Act the most pro-employee labor law in the country.
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February 08, 2024
$490M FCA Verdict Against Medical Distributor Cut In Half
A Minnesota federal judge on Thursday chopped a $490 million False Claims Act verdict against an ophthalmology distributor for making kickbacks to doctors in half, finding the compensatory damages to be "notably severe" and "grossly disproportional" to the offense under the Excessive Fines Clause.
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February 08, 2024
White House Patent Plan To Curb Drug Prices Draws Outcry
A Biden administration proposal aiming to lower drug prices by using the government's authority to override patents for products developed with federal funding has drawn fierce pushback from drugmakers, universities and others who say the plan will hinder innovation.
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February 08, 2024
Disbarred Ex-DA Not Immune In False Felony Suit, Rival Says
A former Colorado district attorney has urged a federal judge to keep alive his case accusing his disbarred successor and political rival of falsely charging him with felony embezzlement, while dropping some claims, arguing that absolute prosecutorial immunity or qualified immunity should not apply.
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February 08, 2024
Cannabis Co. Sues Colorado Regulators Over Tracking Rules
A Colorado company that makes edible cannabis products has sued state regulators over what it describes as a confusing series of regulatory moves in recent months regarding the tracking of cannabis products and their insistence on the use of a particular tracking device through a state contractor.
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February 08, 2024
Watchdog Faults VA For Failing To Vet Contract Personnel
A federal watchdog warned Thursday that the U.S. Department of Veterans Affairs was compromising the health and safety of veterans and its own personnel by failing to properly vet workers employed by contractors.
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February 08, 2024
Judge Newman Says She's Been Cut From Judicial Listserv
The day after a national panel that reviews judicial misconduct affirmed Federal Circuit Judge Pauline Newman's suspension for refusing to undergo medical tests as part of a probe into her mental fitness, the judge complained Thursday that she had been taken off an email list that goes to all judges.
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February 08, 2024
Senate Committee Advances FAA Reauthorization Bill
A U.S. Senate panel on Thursday advanced multiyear legislation reauthorizing the Federal Aviation Administration's safety and airport improvement programs, while also dedicating resources to hiring more air traffic controllers and inspectors, enhancing passenger protections, and integrating more drones and so-called air taxis.
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February 08, 2024
DOL Seeks To Ax Challenge To New Davis-Bacon Rule
The U.S. Department of Labor has asked a Texas federal judge to toss the Associated Builders and Contractors' lawsuit seeking to stop the agency from enforcing a final rule regarding prevailing wage rates for federal construction projects, saying the group didn't show how the rule would harm its members.
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February 08, 2024
Ga. Judge Hits Medicare Fraud Duo With 37-Month Sentences
A Georgia federal judge on Thursday sentenced a man and woman to 37-month prison sentences for their role in a scheme that used their marketing company to trade doctors' medical device orders and rip off Medicare for more than $1.5 million.
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February 08, 2024
2nd Circ. Appoints Goodwin To Suit Over Fake Pot In NY Jail
The Second Circuit has revived an incarcerated man's lawsuit seeking damages for his exposure to secondhand smoke from synthetic cannabinoid illicitly smuggled into a jail in Orange County, New York, saying his case has "potential merit," and appointed Goodwin Procter LLP as his counsel.
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February 08, 2024
Gov't Contracts Group Of The Year: Bradley Arant
Bradley Arant Boult Cummings LLP's recent work in multiple high-stakes bid protests, including scoring a precedent-setting decision that helped secure a $2.6 billion U.S. Immigration and Customs Enforcement contract for its client, have earned the firm a spot as one of Law360's 2023 Government Contracts Groups of the Year.
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February 08, 2024
High Court Sides With Whistleblower Against UBS
The U.S. Supreme Court on Thursday found that whistleblowers don't need to show retaliatory intent on the part of their employers in order to be protected under federal law, in a unanimous ruling in favor of a former UBS employee and whistleblower who fought to restore a $900,000 jury verdict he secured in 2017.
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February 08, 2024
Justices Rule Gov't Agencies Not Immune From FCRA Suits
The U.S. Supreme Court ruled Thursday that a person can sue a government agency under the Fair Credit Reporting Act, because the law's 1970 definition of a "person" was sufficient to waive the government's immunity.
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February 07, 2024
Judge Newman's Options Dwindle After Suspension Is Upheld
Following Wednesday's decision by the national panel that reviews judicial misconduct cases upholding Federal Circuit Judge Pauline Newman's suspension, she faces a difficult path to getting reinstated without complying with an investigation into her mental fitness, experts say.
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February 07, 2024
Chinese Hackers Accessed Infrastructure For Years, US Warns
United States intelligence agencies and allies confirmed on Wednesday that a Chinese state-sponsored hacker group called Volt Typhoon has infiltrated critical industries, including communications, transportation, energy, and water and wastewater systems, some of which have been compromised for at least five years.
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February 07, 2024
Supplier Says 'Eleventh-Hour' Lockheed Claim Doesn't Belong
A titanium parts supplier has told a Texas federal judge that it's too late for Lockheed Martin Corp. to add a claim to its lawsuit seeking to force the supplier to deliver F-35 parts, saying the defense giant was merely strategizing.
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February 07, 2024
NC Public Housing Exec Gets Prison In Bid-Rigging Scheme
A county housing director in North Carolina was sentenced Wednesday to 30 months in prison after she pled guilty to a conspiracy charge stemming from a scheme to funnel public housing contracts to her friends and family, prosecutors said.
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February 07, 2024
Board Says Facts Need Sussing In ICE, Charter Biz $64M Battle
The U.S. Civilian Board of Contract Appeals has refused to grant summary judgment to either U.S. Immigration and Customs Enforcement or an airline charter in a $64 million fight over canceled flights, saying too many factual disputes remain in the case.
Expert Analysis
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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.
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Health Providers Must Beware FCA Risks When Using AI
Though recent innovations in artificial intelligence can potentially bring increased productivity, greater efficiency and reduced costs to the healthcare industry, providers must take appropriate precautions to avoid risks and potential False Claims Act liability, says Sara Lord at Arnall Golden.