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Government Contracts
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April 16, 2024
Judges Doubt Denver Transit Co.'s $112M Loss Is Protected
A pair of Colorado appellate judges on Tuesday grilled an attorney representing a company claiming its contract with a regional transit authority protected it from $112 million in losses after state regulators changed the rules, asking how the problems that caused the losses weren't the company's own fault.
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April 16, 2024
AT&T Unit Urges Justices To Weigh In On FCC E-Rate Saga
An AT&T subsidiary is asking the U.S. Supreme Court to rule on whether reimbursement requests for the Federal Communications Commission's E-rate program for schools and libraries are "claims" under the False Claims Act, part of a whistleblower suit accusing the company of overcharging public schools and libraries.
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April 16, 2024
Boston Judge Wary Of Ordering Bias Probe For City Contracts
A Massachusetts federal judge on Tuesday questioned whether she has the authority to order the U.S. Department of Justice to look into alleged racism in the city of Boston's system of awarding contracts, and whether members of several advocacy groups even have standing to make the request.
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April 16, 2024
Judge Won't Rethink Wash. ICE Detention Hygiene Bill Injunction
A Washington federal judge stood by his month-old ruling that blocked the state from conducting surprise inspections at an immigration detention facility, saying the state hadn't shown that his decision was legally incorrect.
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April 16, 2024
AIG Unit Must Cover $20M Botched Tunnel Project, Court Told
A Michigan county's water resources commissioner and sewage disposal system accused an AIG unit of failing to arbitrate their coverage claims over a design contractor's faulty work on a tunnel project, claiming they've suffered more than $20 million in damages.
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April 16, 2024
Justices Say Army Vet Owed More Education Benefits
An Army veteran who sought additional education benefits to attend Yale Divinity School is owed more federal assistance, the U.S. Supreme Court ruled Tuesday, upending an en banc Federal Circuit ruling that took a narrower view of what he is entitled to based on his multiple tours of duty.
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April 16, 2024
Ga. Shouldn't 'Go Back' On Absentee Voter Rules, Judge Told
Back in court for its third election-related trial of 2024, the state of Georgia urged a federal judge Monday morning not to strike down increased regulations on the state's absentee ballot application process enacted as part of the state's controversial 2021 election law.
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April 15, 2024
SEC Fines Adviser $60K Over Alleged Pay-To-Play Violations
The U.S. Securities and Exchange Commission announced Monday that a Minnesota-based investment advisory firm will pay $60,000 to settle allegations it violated the commission's pay-to-play rule, which prohibits investment advisers from providing services to government-related clients for two years following a political campaign contribution.
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April 15, 2024
Whistleblower Says Lab Co. Ran COVID-Testing Scheme
A California-based diagnostics firm and its CEO have been hit with a whistleblower suit in Washington federal court by an ex-lab director who claims an affiliated company flouted regulatory standards and fraudulently billed government healthcare programs for COVID-19 tests on patients with private insurance.
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April 15, 2024
Claims Court Backs VA's Pick For Healthcare Conversion Deal
The U.S. Court of Federal Claims has backed the U.S. Department of Veterans Affairs' decision to tap a healthcare technology company to convert paper-based healthcare claims into electronic formats despite protests from two competitors for the work that allege the VA assigned them undeserved weaknesses.
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April 15, 2024
Security Co. Faces Trial Over Poorly Trained Guards In Kabul
Allegations that an international security company defrauded the U.S. government by skimping mandatory refresher training for guards protecting diplomatic sites in Afghanistan will be heard at trial after a Georgia federal judge refused to throw out a former supervisor's whistleblower suit.
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April 15, 2024
High Court Won't Hear California Tribal Casino Dispute
The U.S. Supreme Court on Monday denied a bid by an anti-casino advocacy group seeking to overturn a Ninth Circuit decision that dismissed their case after determining that the Ione Band of Miwok Indians is eligible to go forward with its project in California.
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April 15, 2024
Justices Pass On Norfolk Southern Claim To Rail Line Control
The U.S. Supreme Court declined Monday to hear Norfolk Southern Railway Co.'s challenge to a 2022 Surface Transportation Board ruling that the freight railroad company can't control Virginia's Belt Line, which opened it up to an antitrust suit from rival CSX Transportation Inc. over its rate-setting.
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April 12, 2024
GEO Seeks Wash. ICE Detention Law's Permanent End
Private prison operator GEO Group Inc. told a Washington federal court judge that the fact the court found parts of a law aimed at improving private prison standards unconstitutional meant the court should permanently bar the law's enforcement.
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April 12, 2024
Split PTAB Panel Upholds QinetiQ Fracking Patent
A British defense contractor successfully fought off a legal challenge surrounding its patent covering a fracking device, in a ruling from the Patent Trial and Appeal Board that was split three ways over the matter.
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April 12, 2024
Fed. Circ.'s Fight With Newman: A Year In Review
One year has passed since it came to light that the Federal Circuit's judges were investigating whether their colleague, U.S. Circuit Judge Pauline Newman, was mentally competent to remain on the court. In that time, Judge Newman has garnered support from many in the patent community, but has faced a series of setbacks in her legal challenges.
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April 12, 2024
Fed. Circ.'s Competency Feud With Newman Turned Personal
A year after the Federal Circuit publicly acknowledged its investigation into U.S. Circuit Judge Pauline Newman's mental and physical competency, the nonagenarian still refuses to follow the court's medical testing orders and remains determined to reclaim her seat on the bench.
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April 12, 2024
Petition Watch: Judge DQs, 'Excessive' Damages & Price Wars
A former al-Qaida member has asked the U.S. Supreme Court to clarify disqualification protocol for judges overseeing a case related to their prior work as a government attorney, and energy drink manufacturers want the court to develop a modern-day test to determine if companies qualify as price-discrimination competitors. Here's four high court petitions filed recently that you might've missed.
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April 12, 2024
Space Force Opportunities Come With Uncertainties For Cos.
The U.S. Space Force's new plan to rely more on the private sector offers growth opportunities for the commercial aerospace industry, but experts say businesses should be wary of budgetary constraints and regulatory uncertainties.
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April 12, 2024
Judge Rejects Tehum's $54M Bid To Resolve Injury Suits
A Texas bankruptcy judge has rejected prison healthcare company Tehum Care Services Inc.'s $54 million settlement to resolve hundreds of personal injury suits while declining the claimant committee's request to dismiss the Chapter 11 case.
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April 12, 2024
Jackson Lewis Hires Employment Litigator In Baltimore
Employer-side firm Jackson Lewis PC has added a former U.S. Equal Employment Opportunity Commission litigator to its Baltimore office who says her experience with the federal bias watchdog gives her a comprehensive view on how to advise clients.
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April 12, 2024
DOI Sews Up Overhaul Of Oil Leasing Regs And Rates
The U.S. Department of the Interior on Friday finalized its overhaul of decades-old onshore oil and gas leasing regulations and rates with an eye on guiding oil and gas drilling toward already developed public lands.
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April 12, 2024
Feds Say Ga. Apartments Denied Wheelchair Accommodation
Federal prosecutors on Thursday hit a Savannah, Georgia, apartment complex, a local housing authority and other defendants with a Fair Housing Act complaint alleging they denied a disabled resident an accessible apartment in spite of her repeated requests that they accommodate her disability.
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April 12, 2024
Judge Pauline Newman's Year In Her Own Words
April 14 marks the one-year anniversary of when the Federal Circuit confirmed an unprecedented investigation into whether U.S. Circuit Judge Pauline Newman was mentally and physically competent to remain on its bench, and the judge has not been allowed to hear cases during that time. Here is what she had to say about the investigation in an interview with Law360.
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April 12, 2024
Up Next At High Court: Jan. 6, Gratuities & Ineffective Attys
The U.S. Supreme Court will return Monday for the term's last two weeks of oral arguments, during which it will consider whether the U.S. Department of Justice can use the Sarbanes-Oxley Act to prosecute defendants accused of storming the U.S. Capitol on Jan. 6, 2021, and the correct standard courts should apply when reviewing malicious prosecution claims.
Expert Analysis
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Preparing Law Students For A New, AI-Assisted Legal World
As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.
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SolarWinds Ushers In New Era Of SEC Cyber Enforcement
The U.S. Securities and Exchange Commission's recent lawsuit against software company SolarWinds Corp. and its chief information security officer is the first time the SEC has ever filed suit over scienter-based fraud involving cybersecurity failures, illustrating that both companies and CISOs need to be extra cautious in how they describe their cybersecurity practices, say attorneys at Jenner & Block.
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Bid Protest Spotlight: Instructions, Jurisdiction, Scrutiny
In this month's bid protest roundup, Michaela Thornton at MoFo examines three recent protests resolved in the U.S. Court of Federal Claims and the U.S. Government Accountability Office that arose from indefinite-delivery, indefinite-quantity contract awards and offer important reminders about the fundamentals of procurement law.
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General Counsel Need Data Literacy To Keep Up With AI
With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.
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A Look At Successful Bid Protests In FY 2023
Attorneys at Sheppard Mullin look beyond the statistics in the U.S. Government Accountability Office’s recent annual report on bid protests, sharing their insights about nine categories of sustained protests, gained from reading every fiscal year 2023 decision in which the protester had a positive result.
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Navigating Discovery Of Generative AI Information
As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.
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Finding Focus: Strategies For Attorneys With ADHD
Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.
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AI Use May Trigger False Claims Act's Public Disclosure Bar
The likely use of publicly available artificial intelligence tools to detect government fraud by combing through large data sets will raise complex questions about a False Claims Act provision that prohibits the filing of claims based on previously disclosed information, say Nick Peterson and Spencer Brooks at Wiley Rein.
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Biden Climate Push Expands With Contractor GHG Focus
President Joe Biden's recent announcement that federal agencies will consider contractors' greenhouse gas emissions when making procurement decisions demonstrates his administration's continued interest in using government contracting as a vehicle for reducing climate-related impacts — a theme first established in the early months of his term, say attorneys at Winston & Strawn.
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Unpacking GAO's FY 2023 Bid Protest Report
The U.S. Government Accountability Office's recent bid protest report reflects an increase in sustained protests, illustrating that disappointed offerors may see little reason to refrain from seeking corrective action — but there is more to the story, say Aron Beezley and Patrick Quigley at Bradley Arant.
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How Biden's AI Order Stacks Up Against Calif. And G7 Activity
Evaluating the federal AI executive order alongside the California AI executive order and the G7's Hiroshima AI Code of Conduct can offer a more robust picture of key risks and concerns companies should proactively work to mitigate as they build or integrate artificial intelligence tools into their products and services, say attorneys at Jenner & Block.
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A Closer Look At Proposed HHS Research Misconduct Rule
The U.S. Department of Health and Human Services' proposed updates to its policies on research misconduct codify many well-known best practices, but also contain some potential surprises for the research community and counsel, say attorneys at Hogan Lovells.
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Attorneys, Law Schools Must Adapt To New Era Of Evidence
Technological advancements mean more direct evidence is being created than ever before, and attorneys as well as law schools must modify their methods to account for new challenges in how this evidence is collected and used to try cases, says Reuben Guttman at Guttman Buschner.
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Suspension And Debarment: FY 2023 By The Numbers
A comparative analysis of System for Award Management data, culminating with fiscal year 2023, reveals a year-over-year drop in annual suspension and debarment numbers so significant as to leave the government contracting community trying to figure out what is happening, says David Robbins at Jenner & Block.
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Tips For Litigating Against Pro Se Parties In Complex Disputes
Litigating against self-represented parties in complex cases can pose unique challenges for attorneys, but for the most part, it requires the same skills that are useful in other cases — from documenting everything to understanding one’s ethical duties, says Bryan Ketroser at Alto Litigation.