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Government Contracts
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April 08, 2024
Canada's High Court Enforces Award In Greek Defense Suit
The Supreme Court of Canada has affirmed the enforcement of an arbitral award in a dispute over a contract between aircraft manufacturer Bombardier Inc. and Greece's Ministry of National Defence, saying a Canadian bank had to refuse payment to the beneficiary of a letter of credit because of fraud.
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April 08, 2024
Experts Call For New Agency To Regulate Space Operations
A group of military space officials has called on the White House to create a new cabinet-level agency for space operations to cut red tape and keep the U.S. ahead of its rivals as a global leader in space operations.
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April 08, 2024
Farmers Want USDA Barred From 'Discriminatory' Aid Choices
A group of Texas farmers asked a federal judge to bar the U.S. Department of Agriculture from prioritizing minority groups as a part of a distribution scheme for the agency's disaster assistance and pandemic relief programs, saying the programs continue to cause harm to them and the public.
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April 08, 2024
Oak Flat Mining Decision Treads On Human Rights, UN Told
The San Carlos Apache Tribe is urging a United Nations committee to ask the United States to withhold any permissions that would allow Resolution Copper Co. to proceed with any activity on a plot of land known as Oak Flat, arguing that a Ninth Circuit ruling allowing the land transfer merits urgent intervention to prevent further human rights violations on the sacred site.
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April 08, 2024
Greek Air Force Says $22M Contract Dispute Was Timely
Greece's Air Force has urged the Federal Circuit to revive its $21.7 million suit over faulty cameras purchased from a U.S. contractor, saying its claim accumulated later than the U.S. government had argued and was timely.
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April 08, 2024
Cannabis Co. Says DEA Administrative Procedure Is Illegal
A Rhode Island cannabis company sued the U.S. Department of Justice and the Drug Enforcement Administration claiming the agency is subjecting it to an illegal proceeding before an administrative judge.
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April 05, 2024
Equatorial Guinea Says $8M Award Can't Be Enforced
Equatorial Guinea is urging the D.C. Circuit to nix enforcement of an $8 million arbitral award issued to a Swiss company that was ousted from a hospital operating contract, saying a lower court should have looked closer at whether the dispute was adjudicated in the proper forum.
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April 05, 2024
Mich. Panel Rejects 'Fees For Fees' In Contractor's FOIA Bid
A split Michigan state appeals court has refused to top attorney fees a construction contractor won against a county-level road agency that the contractor accused of failing to disclose certain hiring information, with the court finding the fees to be limited because the contractor dragged out litigation.
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April 05, 2024
Feds Say Bombing Survivors' Suit Is Outside Court's Authority
The Biden administration is again pushing to escape survivors' efforts to hold it accountable for U.S. allies' airstrikes in Yemen, telling a Washington, D.C., federal court it had no authority over the executive branch's foreign arms dealing.
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April 05, 2024
Judge Newman Pushes To Keep Suit Over Suspension Intact
U.S. Circuit Judge Pauline Newman urged a D.C. federal judge Friday to let her pursue a constitutional challenge to the law under which she has been suspended, and to reject her colleagues' contention that her case does not pass legal muster.
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April 05, 2024
Utah Says It Stands To Lose Big In BLM Oil Lease Challenge
Utah is asking a federal judge for permission to defend the Bureau of Land Management's decision to sell oil and gas leases on more than 200,000 acres of public land, an action under legal attack from environmental groups.
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April 05, 2024
Claims Court Says Leaked Contractor Info Didn't Help Rival
A U.S. Court of Federal Claims judge has rejected an aviation fuel services company's suit alleging that the Defense Logistics Agency wrongly failed to mitigate the inadvertent release of sensitive information to the Miami company's rival, saying the agency reasonably determined that the information wasn't competitively useful.
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April 05, 2024
Contractor Settles Naturalized Citizen's Hiring Bias Claims
A federal contractor settled claims that it slammed the brakes on hiring a naturalized citizen after finding out that she was not born in the U.S., the U.S. Department of Justice said.
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April 04, 2024
Secret Service Defeats Protest of $4.1M Janitorial Deal
The U.S. Secret Service has survived a contractor's protest of a $4.13 million deal to provide janitorial work at the agency's Maryland training facility when the U.S. Court of Federal Claims ruled the agency adequately probed allegations of procurement integrity violations.
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April 04, 2024
Peters Proposes Bills To Boost Federal Contracting Efficiency
Sen. Gary Peters, D-Mich., has introduced a pair of bipartisan bills intended to improve federal contracting, one aimed at increasing competition and making greater use of commercial items, the other requiring agencies to track the practical value they receive from contracts.
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April 04, 2024
Claims Court Backs Defense Health Agency $31M IT Deal Pick
A U.S. Court of Federal Claims judge denied an information technology contractor's protest of a $31 million IT deal the Defense Health Agency awarded to a competitor, saying he found nothing wrong with how the agency evaluated the contractors' proposals.
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April 04, 2024
Ginnie Mae, HUD Must Face Bank's Vacated Lien Suit
A Texas federal judge trimmed but declined to dismiss Texas Capital Bank's suit against the U.S. Department of Housing and Urban Development and its Government National Mortgage Association program over a vacated loan lien that the bank says was worth tens of millions of dollars.
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April 04, 2024
GAO Says Navy Awardee Ineligible Due To Registration Lapse
The U.S. Government Accountability Office has backed a protest over a nearly $5 million Navy custodial services contract, saying the awardee's attempt to re-register in a federal contractor database ahead of expiry didn't excuse a breach of a continuous registration requirement.
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April 03, 2024
We Had No Conflict In Postal Service Bid, Co. Tells Fed Circ.
A company excluded from a U.S. Postal Service explosives detection contract told the Federal Circuit on Wednesday that a claims court judge hadn't justified his ruling that a conflict of interest stemming from the company's previous work for the service couldn't be mitigated.
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April 03, 2024
US Escapes $7.5M Demand For Bomb-Sniffing K9s In Kabul
The U.S. Court of Federal Claims has tossed a non-governmental organization's lawsuit seeking $7.5 million from the U.S. government for K9 bomb-sniffing work in an area of Afghanistan that housed foreign embassies, saying the government never agreed to guarantee payment.
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April 03, 2024
Insurer Wants $38M For Covering Unfinished Road Jobs
An insurance company has asked a federal court to force companies connected to an insolvent contractor to hand over more than $38 million to compensate for costs it covered for unfinished jobs.
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April 03, 2024
Fed. Circ. Struggles With Ambiguity In $14M Army Corps Row
Federal Circuit judges struggled Wednesday to understand ambiguous terms in a company's contract with the U.S. Army Corps of Engineers for post-hurricane power restoration, indicating that neither party had clearly explained if the contractor has a valid $14 million claim for additional work needed.
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April 03, 2024
Groups Fight DOL's Bid To Toss Suit Challenging Wage Rule
A pair of construction industry trade groups urged a Texas federal court to preserve their challenge to a U.S. Department of Labor rule that revises prevailing wage calculations for federally funded projects, arguing that the rule injures both them and the firms they represent.
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April 03, 2024
3rd Circ. Judge Wonders If Philly Union Rule Dispute Is Moot
A Third Circuit judge on Wednesday wondered whether a former Philadelphia mayor's order requiring contractors to pay dues to "city-approved" unions was now moot, given the new administration's assurances that it won't be implemented, as contractors urged the court to find that the scrapped rule should be banned by law.
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April 03, 2024
Enviro Group Sues DOE Over $1.1B Diablo Canyon Award
Environmental group Friends of the Earth slapped the U.S. Department of Energy with a complaint in California federal court seeking to unravel the agency's $1.1 billion award for the continued operation of the state's last remaining nuclear power plant.
Expert Analysis
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Identifying Trends And Tips In Litigation Financing Disclosure
Growing interest and controversy in litigation financing raise several salient concerns, but exploring recent compelled disclosure trends from courts around the country can help practitioners further their clients' interests, say Sean Callagy and Samuel Sokolsky at Arnold & Porter.
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Bid Protest Spotlight: Personnel Loss, Conflicts, Timeliness
In this month's bid protest roundup, Locke Bell at MoFo highlights recent decisions from the U.S. Court of Federal Claims and the U.S. Government Accountability Office, addressing an offeror's loss of key personnel, organizational conflicts of interest arising out of reliance on former government employees in preparing a bid, and protest timeliness when no debriefing is required.
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9th Circ. Ruling Shows Int'l Arbitration Jurisdictional Snags
While the Ninth Circuit sidestepped the thorny and undecided constitutional question of whether a foreign state is a person for the purposes of a due process analysis, its Devas v. Antrix opinion provides important guidance to parties seeking to enforce an arbitration award against a foreign sovereign in the U.S., say attorneys at Wiley.
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Conn. Ruling Highlights Keys To Certificate-Of-Need Appeals
The Connecticut Supreme Court's recent decision in High Watch Recovery Center v. Department of Public Health, rejecting rigid application of statutes concerning certificate-of-need procedure, provides important guidance on building an administrative record to support a finding that a case is contested, say attorneys at Robinson & Cole.
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Opinion
Congress Needs Better Health Care Fraud Data From DOD
The U.S. Department of Defense does not collect enough data to prevent health care and service contractor fraud and waste, so Congress should enact benchmarks that the DOD must meet when gathering and reporting data, enabling lawmakers to make better-informed decisions about defense appropriations, says Jessica Lehman at Verizon.
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Series
The Pop Culture Docket: Judge Elrod On 'Jury Duty'
Though the mockumentary series “Jury Duty” features purposely outrageous characters, it offers a solemn lesson about the simple but brilliant design of the right to trial by jury, with an unwitting protagonist who even John Adams may have welcomed as an impartial foreperson, says Fifth Circuit Judge Jennifer Elrod.
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A 'Deliberate Indifference' Circ. Split For Prison Medical Cases
Allison Becker and Kendra Stark at Gordon & Rees examine the circuit split over how a patient's incarceration status affects the applicable standard for “deliberate indifference” in correctional medical lawsuits, noting an uptick in cases related to outbreaks and staffing shortages at correctional facilities during the pandemic.
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Contract Disputes Recap: Nonmonetary Claims, Timeliness
Bret Marfut and Stephanie Magnell at Seyfarth look at recent decisions from the U.S. Civilian Board of Contract Appeals, the Armed Services Board of Contract Appeals and the U.S. Court of Federal Claims that shed light on the jurisdictional contours of the Contract Disputes Act and provide useful guidance on timely filings and jurisdiction over nonmonetary claims.
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Aviation Watch: Osprey Aircraft May Face Tort Claims
A recent U.S. Marine Corps Command report found that the cause of a 2022 Osprey crash was a problem known to the manufacturer and the military for over 10 years — and the aircraft may now be on its way to a day of reckoning in the tort liability arena, says Alan Hoffman, a retired attorney and aviation expert.
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4 Business-Building Strategies For Introvert Attorneys
Excerpt from Practical Guidance
Introverted lawyers can build client bases to rival their extroverted peers’ by adapting time-tested strategies for business development that can work for any personality — such as claiming a niche, networking for maximum impact, drawing on existing contacts and more, says Ronald Levine at Herrick Feinstein.
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Opinion
FinCEN Regs Must Recognize Int'l Whistleblower Realities
In drafting regulations to implement an anti-money laundering whistleblower program, the Financial Crimes Enforcement Network must follow the mandates laid out in the White House’s global anti-corruption strategy to protect and compensate whistleblowers in extreme danger worldwide, says Stephen Kohn at Kohn Kohn.
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Opinion
3 Ways Justices' Disclosure Defenses Miss The Ethical Point
The rule-bound interpretation of financial disclosures preferred by U.S. Supreme Court Justices Samuel Alito and Clarence Thomas — demonstrated in their respective statements defending their failure to disclose gifts from billionaires — show that they do not understand the ethical aspects of the public's concern, says Jim Moliterno at the Washington and Lee University School of Law.
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Caregiver Flexibility Is Crucial For Atty Engagement, Retention
As the battle for top talent continues post-pandemic, many firms are attempting to attract employees with progressive hybrid working environments — and supporting caregivers before, during and after an extended leave is a critically important way to retain top talent, says Manar Morales at The Diversity & Flexibility Alliance.
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No End In Sight For Pandemic Relief Fraud Enforcement
Congress' recent decision to extend the statute of limitations to 10 years for fraud related to pandemic relief means the era of enforcement actions brought under the False Claims Act and the Financial Institutions Reform, Recovery and Enforcement Act has only just begun, say attorneys at Crowell & Moring.
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Strike Force Actions Underscore Foreign Risks For Tech Cos.
As recent prosecutions demonstrate, a multiagency strike force is ramping up enforcement of trade secret theft and export control violations, and companies will need to be proactive in protecting their sensitive technologies from foreign adversaries, say attorneys at McGuireWoods.