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Government Contracts
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March 26, 2024
Jackson Paints Abortion Clash As Microcosm Of Bigger Brawl
A war of words Tuesday at the U.S. Supreme Court over access to abortion medication marked a climactic moment after a lengthy legal slugfest. But probing questions from Justice Ketanji Brown Jackson illustrated that the main event for reproductive rights was also simply a single round in a much larger fight over the government's regulatory powers.
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March 26, 2024
Ex-LA Deputy Mayor's Fate In Bribery Trial Goes To Calif. Jury
Former Los Angeles Deputy Mayor Raymond Chan connected corrupt public officials to wealthy developers for years as part of the "CD-14 Enterprise" racketeering conspiracy, a federal prosecutor told California federal jurors in closing arguments Tuesday, saying their shared goal was ensuring they "get money, keep power and avoid the Feds."
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March 26, 2024
Suit Over Faulty VA Estimates Came Too Late, Claims Court Says
A contractor waited too long to sue the U.S. Department of Veterans Affairs over faulty ridership estimates for a patient transportation contract, the U.S. Court of Federal Claims said, freeing the department from nearly $10.4 million worth of claims.
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March 26, 2024
Pharmacy Owner Gets 42 Months For $25M Kickback Scam
A medical equipment pharmacy owner was sentenced to 42 months in prison Tuesday for carrying out a $25 million kickback scheme with a patient-leads broker as part of a scheme to falsely bill the federal government for care.
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March 26, 2024
'Landmark' Trans Women Prison Housing Deal Gets Final OK
A Colorado state judge on Tuesday approved a consent decree between the state and a class of transgender women who sued over dangerous housing conditions in state prisons and now hope the plan to accommodate their needs will spread to other states.
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March 26, 2024
AI Weapons Detector Faces Investor Suit After Gov't Probes
Evolv Technologies, which makes metal detectors that purportedly use artificial intelligence to detect weapons, is facing a proposed shareholder class action in Massachusetts federal court alleging that false claims about its products' abilities to screen for types of tactical knives and guns led to federal investigations and share declines.
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March 26, 2024
Army Found Not Liable For Canceled Third-Party Lease
A Court of Federal Claims judge on Tuesday tossed a $2.6 million lawsuit seeking to hold the U.S. Army liable for the early cancellation of a railroad lease, finding the railroad operator's contract was with a "middleman," not the Army itself.
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March 26, 2024
Late Navy Lt.'s Dad Says Northrop Lied About Aircraft Safety
The father of a U.S. Navy lieutenant who died during an aviation training mission alleges Northrop Grumman Corp. lied to the Navy about the safety of its advanced Hawkeye aircraft despite receiving hazard reports on engine failures dating back to 2015.
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March 26, 2024
Polsinelli Adds Arnold & Porter Gov't Contracts Shareholder
Polsinelli PC has added an Arnold & Porter Kaye Scholer LLP partner in Washington, D.C., who focuses his practice on government contracts, procurement law and other related matters, the firm announced Tuesday.
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March 25, 2024
Former Next Health Exec Sanctioned For Evidence Slipup
A Texas federal judge sanctioned a former executive at the scandal-ridden ancillary services company Next Health, but didn't go so far as to level a case-killing default judgment against him, saying that while the plaintiffs lost access to key data, the executive didn't act with bad faith.
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March 25, 2024
Ex-LA Official Downplayed Role In Huizar Bribes, Jury Told
An FBI agent told California federal jurors in former Los Angeles Deputy Mayor Raymond Chan's criminal trial Monday that Chan denied facilitating bribes between then-city councilor Jose Huizar and a developer when initially questioned by investigators, despite evidence showing he helped orchestrate Las Vegas trips and loans to help Huizar.
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March 25, 2024
SolarWinds Makes Renewed Bid To Toss SEC Cyber Suit
SolarWinds Corp. has asked a New York federal court to dismiss an amended suit it is facing from the U.S. Securities and Exchange Commission, saying the agency cites documents that contradict its claims against the government contractor.
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March 25, 2024
IHS Fears Budget Cuts Over Tribal Healthcare Funding Case
Federal government attorneys told the U.S. Supreme Court on Monday that Indian Health Services might be forced to cut its budget by 40% if two Native American tribes prevail in their bids to uphold rulings that ordered they be reimbursed millions in administrative healthcare costs.
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March 25, 2024
Wash. Asks Judge To Undo Block Of ICE Detention Center Law
Washington Gov. Jay Inslee has urged a federal judge to reconsider a recent ruling halting the state from conducting unannounced inspections and imposing new health and safety standards at an immigration detention facility, saying the decision "rests on legal error."
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March 25, 2024
DOJ Slammed For Backing GEO Group In Detainee Wage Fight
A group of immigrant detainees has urged the Ninth Circuit to reject the federal government's stance that a privately run detention center in Tacoma is exempt from Washington's minimum wage, saying the United States has failed to point to any conflicting federal laws.
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March 25, 2024
5th Circ. Told Procurement Act Limits Biden's Wage Power
The Biden administration lacks authority to implement a $15-per-hour minimum wage for government contractors, three Southern states told the Fifth Circuit, because the Procurement Act only empowers the executive branch to trim federal expenditures.
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March 25, 2024
DOJ Calls Probe Of Alleged SpaceX Hiring Bias Constitutional
The U.S. Department of Justice has defended its investigation into allegations that SpaceX refused to hire asylum-seekers and refugees, telling a Texas federal judge that its authority stems from a constitutionally sound provision of federal immigration law barring workplace discrimination based on citizenship status.
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March 25, 2024
Texas Judge Extends Stay On Border Wall Funding Order
A Texas federal judge briefly extended a pause on an injunction directing the Biden administration to use funding Congress appropriated to build physical barriers on the Southwest border for that purpose, as the administration asks for clarification of the order, saying it could otherwise make it hard to build anything.
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March 25, 2024
Justices Won't Review 11th Circ. $285M Arbitrator Bias Suit
The U.S. Supreme Court on Monday declined to review an Eleventh Circuit decision refusing to vacate $285 million in arbitral awards issued to the operator of the Panama Canal, a case that the petitioners said raised questions about the standard by which courts may nix awards over an arbitrator's "evident partiality."
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March 22, 2024
Up Next At High Court: Abortion, Jury Trials And Estate Tax
The U.S. Supreme Court will hear oral arguments this week over the U.S. Food and Drug Administration's decision expanding access to popular abortion pill mifepristone as well as whether juries should determine a defendants' eligibility for repeat offender enhanced sentencing under the Armed Career Criminal Act and how long federal employees have to appeal adverse employment decisions.
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March 22, 2024
Watchdog Calls To Redo $896M Migrant Transport Deal
The U.S. General Services Administration must redo an $896 million contract to transport unaccompanied migrant children, after a federal watchdog determined that the deal was awarded to a company whose proposed contract lead may be unqualified to oversee the contract.
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March 22, 2024
Prostitutes, Wiretaps, Payoffs: Key LA RICO Witness Tells All
A witness in former Los Angeles deputy mayor Ray Chan's racketeering trial testified Friday about trying to boost his high-end cabinetry business by procuring prostitutes for a city council member, paying more than $150,000 in bribes and attempting to give a city official $10,000 at Chan's behest.
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March 22, 2024
Justices Asked To Review $36M Sanctions Order In TM Case
A man who works in the field of marketing and ad copywriting has asked the U.S. Supreme Court to overturn a $36 million sanctions order against him and several companies in a trademark case.
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March 22, 2024
Boston Soccer Stadium Project Gets Green Light From Judge
A plan by the city of Boston to turn a stadium inside historic Franklin Park over to a professional women's soccer team can continue moving forward, after a judge on Friday denied a requested injunction to halt it.
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March 22, 2024
Colo. City Wins $13.5M For Software Co.'s Trickery
A Colorado federal judge says a software company that was found to have lied to secure a multimillion project with the city of Fort Collins must pay $13.5 million for the city's costs stemming from its fraud.
Expert Analysis
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Bracing For Rising Cyber-Related False Claims Act Scrutiny
Two recent cyber-related False Claims Act cases illustrate the vulnerability of government contractors, including universities, obliged to self-attest compliance with multiple controls, signal the importance of accurate internal controls and underline the benefits of self-disclosure, say Townsend Bourne and Nikole Snyder at Sheppard Mullin.
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Corporate Compliance Lessons From FirstEnergy Scandal
Fallout from a massive bribery scheme involving Ohio electric utility FirstEnergy and state officeholders — including the recent sentencing of two defendants — has critical corporate governance takeaways for companies and individuals seeking to influence government policymaking, say attorneys at Wilson Sonsini.
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Twitter Legal Fees Suit Offers Crash Course In Billing Ethics
X Corp.'s suit alleging that Wachtell grossly inflated its fees in the final days of Elon Musk’s Twitter acquisition provides a case study in how firms should protect their reputations by hewing to ethical billing practices and the high standards for professional conduct that govern attorney-client relationships, says Lourdes Fuentes at Karta Legal.
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Self-Disclosure Lessons From Exemplary Corp. Resolutions
With scant examples of corporate resolutions in the wake of U.S. Department of Justice self-disclosure policy changes last fall, companies may glean helpful insights from three recent declination letters, as well as other governmental self-reporting regimes, say Lindsey Collins and Kate Rumsey at Sheppard Mullin.
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ABA's Money-Laundering Resolution Is A Balancing Act
While the American Bar Association’s recently passed resolution recognizes a lawyer's duty to discontinue representation that could facilitate money laundering and other fraudulent activity, it preserves, at least for now, the delicate balance of judicial, state-based regulation of the legal profession and the sanctity of the attorney-client relationship, say attorneys at Ballard Spahr.
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8 Ways Life Sciences Cos. Can Adapt To The Social Media Era
As pharmaceutical and medical device companies harness the powerful promotion potential of social media, they must navigate legal, regulatory and reputational risks that can be particularly challenging due to the complex framework of rules that apply to the life sciences industry, say attorneys at Troutman Pepper.
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Bid Protest Spotlight: Unfair Advantage, Buy American Waiver
In this month's bid protest roundup, James Tucker at MoFo offers takeaways on one decision that considers unfair proposal development advantages in the context of an employee's access to nonpublic information in a prior federal government position, and another decision that reconsiders a contract award based on an inadequately supported waiver of Buy American Act restrictions.
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Prevailing Wage Rules Complicate Inflation Act Tax Incentives
Nicole Elliott and Timothy Taylor at Holland & Knight discuss the intersection between tax and labor newly created by the Inflation Reduction Act, and focus on aspects of recent U.S. Department of Labor and U.S. Department of the Treasury rules that may catch tax-incentive seekers off guard.
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Law Firm Professional Development Steps To Thrive In AI Era
As generative artificial intelligence tools rapidly evolve, professional development leaders are instrumental in preparing law firms for the paradigm shifts ahead, and should consider three strategies to help empower legal talent with the skills required to succeed in an increasingly complex technological landscape, say Steve Gluckman and Anusia Gillespie at SkillBurst Interactive.
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Industry Takeaways From OMB's Final Buy America Guidance
The Office of Management and Budget's recently released guidance on "Buy America" requirements for federal infrastructure projects provides clarity in certain areas but fails to address troublesome inconsistencies with state laws and international trade agreements, so manufacturers and suppliers will need to tread carefully as agencies implement the changes, say Amy Hoang and Sarah Barney at Seyfarth Shaw.
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HHS Neuromonitoring Advisory May Have Broad Relevance
The Health Department Office of Inspector General's recent advisory opinion rejecting a neuromonitoring service's proposal for a shell arrangement isn't surprising, but it could be a harbinger of more warnings against problematic joint venture arrangements to come, says Mary Kohler at Kohler Health Law.
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The Basics Of Being A Knowledge Management Attorney
Excerpt from Practical Guidance
Michael Lehet at Ogletree Deakins discusses the role of knowledge management attorneys at law firms, the common tasks they perform and practical tips for lawyers who may be considering becoming one.
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The Pros And Cons Of The Senate's DOD Data Rights Plan
The Senate's latest defense spending bill stands to benefit big business by clarifying that the government should not automatically obtain unlimited rights in certain contractor data, but the reduction of other protections elsewhere may put small businesses at risk, say Tyler Evans and Anna Menzel at Steptoe & Johnson.
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A Look At The Tribal Health Reimbursements Circuit Split
A circuit split regarding whether Native American tribes are entitled to contract support costs on health care services paid by third-party revenues sets the stage for potential review by the U.S. Supreme Court, and could result in the Indian Health Service paying hundreds of millions more in much-needed funding to tribal health programs, say Geoffrey Strommer and Steve Osborne at Hobbs Straus.
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SBA 8(a) Contractors Must Prepare To Reestablish Eligibility
A Tennessee federal court's recent decision in Ultima Services v. U.S. Department of Agriculture has massive implications for the Small Business Administration's 8(a) Business Development Program, whose participants will soon need to reestablish their status as socially disadvantaged, say Edward DeLisle and Andrés Vera at Thompson Hine.