Government Contracts

  • June 20, 2024

    DOI Secretary Looks To Ax Insurer's $20M Tribal Loan Claims

    U.S. Department of the Interior Secretary Deb Haaland is seeking an early win in a challenge over the cancelation of a $20 million tribal loan guarantee, arguing that an Ohio federal district court lacks subject-matter jurisdiction over Great American Life Insurance Co.'s remaining claims.

  • June 20, 2024

    HHS Drug Pricing Program Flouts Constitution, Boehringer Says

    An "unprecedented" new Medicare price negotiation program deprives drugmakers of their constitutional rights and forces them to make declarations on issues of public concern that reflect poorly on them, Boehringer Ingelheim Pharmaceuticals Inc. argued Thursday in Connecticut federal court as it echoed the industry chorus seeking to strike the initiative.

  • June 20, 2024

    Worker Says Co. Inflated Deductions To Duck Prevailing Wage

    An electrical contracting firm overdeducted fringe benefits from the pay of employees who worked on publicly funded projects, dragging down their prevailing wages, a former electrician said in a proposed class action in Pennsylvania state court.

  • June 20, 2024

    Judge Won't Stay Ruling That Prompted Navy Debarment

    A Court of Federal Claims judge has refused to stay his judgment rejecting a company's protest over the termination of a Navy task order, a ruling that prompted the Navy to propose debarring the company, saying a stay wouldn't affect the debarment process.

  • June 20, 2024

    Meet The Bridgegate Atty For NJ Power Broker In RICO Case

    Law360 Pulse caught up with Michael Critchley Sr., counsel for recently indicted New Jersey Democratic power broker George E. Norcross III, and lawyers who know him about his decadeslong track record of successful legal defenses in high-profile cases and how he’s preparing for his latest challenge.

  • June 18, 2024

    High Court Petition Asks Justices: What's A 'Willful' Kickback?

    Does a "willful" act under federal anti-kickback law require a defendant to know that the conduct violates the law? That's the question a whistleblower is asking the U.S. Supreme Court to answer in order to resolve what the petition calls a circuit split on a key question of federal fraud prosecutions.

  • June 18, 2024

    The 2 Attys Ensnared In A NJ Mogul's Racketeering Rap

    New Jersey businessman George E. Norcross III may be the alleged mastermind of a racketeering scheme to reap millions in tax credits on waterfront property in a distressed city, but the explosive indictment also reveals the purported roles of two attorneys with close ties to the Democratic Party.

  • June 18, 2024

    Charges Dropped In NYC Mayor Straw Donor Case

    A New York state judge on Tuesday dismissed charges against a former development consultant and state employee, who was accused of being part of a conspiracy to funnel straw donor funds to New York City Mayor Eric Adams' 2021 campaign, after prosecutors agreed to drop the case.

  • June 18, 2024

    Fla. Immune To Contract Suit Over COVID Tests, 4th Circ. Says

    The Fourth Circuit reversed on Tuesday a district court decision denying a motion to dismiss by a Florida state agency in a breach of contract case involving COVID-19 tests, finding the lower court erred in ruling that the state did not have sovereign immunity and remanding the case for further proceedings.

  • June 18, 2024

    Chastened Boeing CEO Vows Fixes In Harsh Senate Hearing

    Boeing's chief steadfastly defended the company's commitment to safety, even as he acknowledged a breakdown in how certain managers responded to whistleblowers who had flagged past questionable design or manufacturing practices, as he endured a grueling public hearing before a Senate panel Tuesday.

  • June 18, 2024

    Claims Court Judges Say 'Less Is More' For Bid Protest Briefs

    Court of Federal Claims judges said Tuesday that although the court allows generous page limits for briefs, attorneys should usually err on the side of brevity, focusing on their strongest arguments, or risk undermining their case.

  • June 18, 2024

    FTC Bristles At Axon's Citing Of Dropped Merger Case

    The Federal Trade Commission wanted to ensure a New Jersey federal judge knew the abandonment of a case contesting Axon's purchase of a fellow police body camera company had nothing to do with the merits of the challenge, in a Monday amicus brief partially backing a proposed class action.

  • June 18, 2024

    CACI Can't Claim Costs For Bid To Dismiss $74.4M Navy Deal

    A Virginia company can't recoup costs incurred while protesting a competitor's $74.4 million naval contract award after the U.S. Government Accountability Office found that the objections to the award, some of which were dismissed, didn't clearly have merit.

  • June 18, 2024

    Hospital Board Says Feds Underpaid Claims By $17M

    A Navajo Nation hospital board is suing the federal government, alleging the U.S. Department of Health and Human Services underpaid its fiscal year 2016 funding request for contract support costs by $17.4 million without any legal justification.

  • June 18, 2024

    4th Circ. Says Filmmaker Has Right To Sealed Court Docs

    The Fourth Circuit on Tuesday revived a documentary filmmaker's bid to access sealed documents from a False Claims Act suit against student loan providers, finding he has a First Amendment right to the material and the parties must prove if the seal is warranted.

  • June 18, 2024

    GAO Rejects Claim CBP Rigged Migrant Facility Contract Bids

    The U.S. Government Accountability Office on Monday denied a vendor's protest challenging the U.S. Customs and Border Protection's solicitation seeking vendors to provide an immigrant detention facility in North Eagle Pass, Texas, rejecting the protester's allegations that the solicitation process was rigged to unfairly favor an incumbent contractor.

  • June 18, 2024

    9th Circ. Won't Revive Vax Mandate Case Amid Judge DQ Bid

    In a nonprecedential opinion, the Ninth Circuit has refused to restore a COVID vaccine mandate suit brought by federal workers and contractors who also sought to disqualify a judge they believed was conflicted, finding the workers lacked standing because they named officials who cannot reinstate them rather than their employers.

  • June 17, 2024

    Teva, DOJ Signal Key Kickback Case May Fizzle At 1st Circ.

    A U.S. Department of Justice kickback case against Teva Pharmaceuticals — closely watched by False Claims Act lawyers because of its multibillion-dollar stakes and its link to a major circuit split — is poised for settlement, according to a new First Circuit filing ahead of eagerly awaited oral arguments.

  • June 17, 2024

    Amentum Rebuffs Air Force's $350K Damages For Staffing Fight

    Amentum Services Inc. challenged the U.S. Air Force's efforts to claim $350,000 in damages over a staffing issue for a weapons maintenance deal, telling the U.S. Court of Federal Claims that the contract bars the damages claim.

  • June 17, 2024

    Ex-Stimwave CEO Gets 6 Years For Dummy Implant Scheme

    The founder and former CEO of Stimwave Technologies was sentenced to six years in prison Monday after tearfully proclaiming her innocence to healthcare fraud charges, with a Manhattan federal judge saying it's "sad" the defendant doesn't recognize the harm she inflicted by selling nonfunctional pain management device components.

  • June 17, 2024

    Ginnie Mae, HUD Want Bank's Loan Lien Suit Sent To Dallas

    The U.S. Department of Housing and Urban Development and Ginnie Mae pushed for the transfer of Texas Capital Bank's suit in Texas federal court over a vacated loan lien, arguing that the bank is contractually required to file its suit in a different division within the same district.

  • June 17, 2024

    Consulting Firms To Pay $11.3M Over Rent Help Site Breach

    A consulting firm and its subcontractor have agreed to pay $11.3 million to resolve a False Claims Act suit alleging that they allowed the personal data of low-income New Yorkers to be compromised while operating a pandemic-era rental assistance program website.

  • June 17, 2024

    L3Harris Rips Moog's Counterclaims In $78M Contract Suit

    L3Harris Technologies Inc. urged a Florida federal court Friday to throw out breach of contract counterclaims from fellow defense contractor Moog Inc., which it has accused of failing to timely deliver critical satellite parts under several subcontracts worth $77.9 million.

  • June 17, 2024

    Mass. Dentist Indicted In Alleged $2M Medicaid Fraud

    A Massachusetts dentist and her practice have been charged with fraudulently billing the state's Medicaid program, MassHealth, more than $2 million for services that were never provided.

  • June 17, 2024

    NJ Power Broker, Firm CEO Brother Accused Of Racketeering

    Powerful New Jersey businessman George E. Norcross III and his brother who is the chief executive officer of law firm Parker McCay have been criminally charged alongside others in a scheme to acquire waterfront property in the distressed city of Camden using threats of economic and reputational harm.

Expert Analysis

  • How Associates Can Build A Professional Image

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    As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.

  • Firms Must Rethink How They Train New Lawyers In AI Age

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    As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.

  • Think Like A Lawyer: Always Be Closing

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    When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.

  • Wiretap Use In Cartel Probes Likely To Remain An Exception

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    Although the U.S. Department of Justice's Antitrust Division has recently signaled interest in wiretaps, the use of this technology to capture evidence of antitrust conspiracies and pursue monopolization as a criminal matter has been rare historically, and is likely to remain so, say Carsten Reichel and Will Conway at DLA Piper.

  • The OIG Report: DOD Review May Cause Contractor Dilemmas

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    Given a recent Office of Inspector General report finding that the U.S. Department of Defense awarded billions of dollars in contracts without performing the requisite financial responsibility reviews, contractors should prepare for a lengthier, more burdensome process and the possibility of re-review, says Diana Shaw at Wiley.

  • Series

    Playing Chess Makes Me A Better Lawyer

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    There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.

  • Litigation Inspiration: Attys Can Be Heroic Like Olympians

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    Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.

  • Biden Admin Proposals May Facilitate US, UK, Australia Trade

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    Recent proposals that create exceptions to U.S. export licensing requirements for defense trade with Australia and the U.K. would remove hurdles that have hindered trade among the three countries, and could enable smaller companies in the sector to greatly expand their trade horizons, say Keil Ritterpusch and Grace Welborn at Buchanan Ingersoll.

  • Lean Into The 'Great Restoration' To Retain Legal Talent

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    As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.

  • 9th Circ. Ruling Shows Lies Must Go To Nature Of Bargain

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    The Ninth Circuit’s recent U.S. v. Milheiser decision, vacating six mail fraud convictions, clarifies that the key question in federal fraud cases is not whether lies were told, but what they were told about — thus requiring defense counsel to rethink their strategies, say Charles Kreindler and Krista Landis at Sheppard Mullin.

  • Adopting 7 Principles May Improve Voluntary Carbon Markets

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    The Biden administration's recently issued joint policy statement on improving the integrity of voluntary carbon markets may help companies using carbon credits to offset their emissions withstand scrutiny by government agencies, the public and investors, say attorneys at Morgan Lewis.

  • 5 Steps For Gov't Contractor Affirmative Action Verification

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    As the federal contractor affirmative action program certification deadline approaches, government contractors and subcontractors should take steps to determine their program obligations, and ensure any required plans are properly implemented and timely registered, say Christopher Wilkinson at Perkins Coie and Joanna Colosimo at DCI Consulting.

  • Series

    Fishing Makes Me A Better Lawyer

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    Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge​​​​​​​ at Robinson Bradshaw.

  • A Healthier Legal Industry Starts With Emotional Intelligence

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    The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.

  • To Make Your Legal Writing Clear, Emulate A Master Chef

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    To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.

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