Government Contracts

  • April 21, 2017

    Defense Contractor Gets Two Years In Faulty Parts Case

    A former defense contractor who was found guilty of supplying the U.S. Department of Defense with nonconforming military parts was sentenced to two years in prison and about $280,000 in restitution by an Ohio federal judge Friday.

  • April 21, 2017

    No Jail For Recruiter In $70M Medicare Fraud

    A New York federal judge on Friday sentenced the “least culpable” participant in a $70 million Medicare and Medicaid fraud scheme to time served, citing his tremendous success in an in-patient drug treatment program.

  • April 21, 2017

    Government Funding Showdown Has Attorneys On Edge

    With President Donald Trump taking an increasingly hard line on his budget demands, congressional Democrats and the administration are now on a collision course that could end in a government shutdown, leaving attorneys worried about delayed contract awards, agency work left undone and the government's ability to function.

  • April 21, 2017

    DynCorp Prevails In Ecuadorean Farmers' Herbicide Suit

    A Washington, D.C., federal jury on Thursday largely sided with DynCorp in a suit brought by six farmers representing a class of Ecuadoreans who claim the defense contractor poisoned them with herbicide while trying to destroy drug crops in Colombia.

  • April 21, 2017

    GSA Inspector Urges Increased Competition On OASIS Deals

    A U.S. General Services Administration watchdog said Thursday that the GSA’s Federal Acquisition Service has largely complied with price and negotiation requirements for orders under the massive OASIS professional services contract, but it could stand to improve related documentation and competition for those orders.

  • April 21, 2017

    Air Force Stops Work On Ops Deal After Senate Halts Funds

    The U.S. Air Force said Thursday it has temporarily halted work on its Air Operations Center modernization program after Congress refused a request to move funds from other programs following the Air Force issuing a report stating that estimated development costs for the program have nearly doubled to around $745 million.

  • April 21, 2017

    Co. Wants Partial Award Against Venezuela's Mining Co. OK'd

    A British Virgin Islands raw materials company has urged a Florida federal court to confirm an arbitral award requiring Venezuela's state-owned mining company to post nearly $63 million in security during an ongoing arbitration over iron ore contracts, saying a claim that the parties never agreed to arbitrate doesn’t belong in court.

  • April 21, 2017

    Feds Say KBR Wants Too Much Discovery In $150M FCA Spat

    Kellogg Brown & Root Services again went too far with discovery requests in defending a $150 million False Claims Act suit, according to the federal government, which told an Illinois federal judge Thursday the company’s data requests only serve to burden the government.

  • April 20, 2017

    NJ County Hit With $2M Suit Over Unpaid Construction Work

    Camden County, New Jersey, has been slapped with a more than $2 million lawsuit in state court from a contractor alleging it owes the business money for a bridge replacement project after causing delays and changing the scope of the work.

  • April 20, 2017

    $31M Confirmation Bid Lacks US Connection, Co. Says

    A U.S. Department of Defense food supplier accused of stiffing a security contractor on a $31 million arbitration award urged a Virginia federal judge Wednesday to toss a confirmation bid it says has no legs in the U.S., where the provisions company has no ties.

  • April 20, 2017

    Walgreens To Pay $9.9M To Settle Medi-Cal Billing Suits

    Walgreen Co. will pay $9.9 million to settle two False Claims Act suits in California federal court alleging the drugstore chain submitted claims for reimbursements to the state's Medi-Cal health program for certain prescriptions without verifying the medical necessity of such drugs as required, according to a Thursday news release.

  • April 20, 2017

    Seyfarth Atty Sanctioned For Taking GSA Docs From Court

    The Civilian Board of Contract Appeals has reprimanded Seyfarth Shaw LLP attorney James R. Newland Jr. after he took documents from the table of U.S. General Services Administration counsel, amid a dispute over requested additional payments on a $136.1 million federal building renovation project.

  • April 20, 2017

    CBCA Backs $4M FEMA Clawback From Superdome Grant

    The Civilian Board of Contract Appeals on Wednesday upheld a decision by the Federal Emergency Management Agency to “deobligate” $4 million in grant funds awarded to Louisiana for Hurricane Katrina-related repairs to the New Orleans Superdome, finding that the grant was a duplicate of a related legal settlement.

  • April 20, 2017

    1st Circ. Revives Consultancy Suit Over Saudi Weapons Deal

    The First Circuit on Wednesday revived, in part, a Saudi consulting firm’s claims it was stiffed by a U.S. defense contractor for fees related to a weapons deal with the Saudi government, finding a lower court failed to adequately address the firm’s misrepresentation claim.

  • April 20, 2017

    $2.8B Ed. Dept. Debt Deal Cases Stayed For Solution Talks

    A Court of Federal Claims judge on Wednesday stayed several protests over a contentious $2.8 billion U.S. Department of Education contract for debt collection services, giving the parties involved 30 days to hash out a “global solution” to the disputes.

  • April 20, 2017

    Alaska Native Corp. Says FCA Doesn't Let Worker Steal Docs

    Afognak Native Corp. pressed an Alaska federal court on Wednesday to toss a False Claims Act suit by a would-be whistleblower accusing the company of abusing a Small Business Administration contracting program for disadvantaged groups through "sham" subsidiaries, saying the statute didn’t allow the whistleblower to take thousands of pages of the company’s confidential documents.

  • April 20, 2017

    GAO Tosses 'Speculative' Protest Of $176M Navy IT Project

    A rejected U.S. Navy contractor vying for a $176 million ship IT project needs more than “speculative” arguments to successfully challenge the award, the Government Accountability Office said in a decision made public Wednesday, finding prior mistakes weren't what the protester made them out to be.

  • April 19, 2017

    El Salvador Freezes $1.7M OceanaGold Assets In Mining Row

    El Salvador has frozen $1.7 million in assets belonging to OceanaGold Corp. following a decision by an International Centre for Settlement of Investment Disputes tribunal to award the country $8 million in costs following a failed arbitration over a stymied gold mining project, according to a Tuesday announcement.

  • April 19, 2017

    GSA Set To Reorganize HR Purchasing Schedule

    The U.S. General Services Administration announced Wednesday that it would shake up its human resources purchasing schedule to make HR contracting easier for agencies, the day after it said it intends to redesign a contracting vehicle covering contact center services and technology.

  • April 19, 2017

    Pentagon Innovation Unit Awards 13 Deals Totaling $12.3M

    The U.S. Department of Defense office responsible for outreach to commercial technology firms said Tuesday it had signed 13 new deals in the first half of fiscal year 2017, worth a combined $12.3 million, building on the dozen initial contracts it signed in fiscal 2016.

Expert Analysis

  • Impact Of 'Buy American And Hire American' On H-1B

    Elizabeth Espin Stern

    President Trump recently signed an executive order addressing the protection of U.S. jobs and preferences for U.S.-manufactured products and goods. While the order has no immediate effect on the processing of H-1B visa petitions, it does give us a clear picture of the administration’s views on the program. The “feeding frenzy” that characterizes the H-1B cap season may well become a thing of the past, say partners of Mayer Brown LLP.

  • Monthly Column

    Gray Matters: The Attorney-Client Team

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    A 1979 study of attorney-client interactions revealed startling information: Despite years of education and training to hone their legal expertise, attorneys were not acting as independent counselors but rather allowing their clients to control them. Our experience is that this trend has accelerated, say dispute resolution experts Robert Creo and Selina Shultz.

  • A Closer Look At 'Preemptive' Federal Contract Terms

    Lawrence Ebner

    Subrogation of insureds’ third-party claims is not a subject that excites too many lawyers, but the U.S. Supreme Court’s decision Tuesday in Coventry Health Care of Missouri Inc. v. Nevils will be of interest to anyone who tracks the court’s federal preemption jurisprudence, says Lawrence Ebner of Capital Appellate Advocacy PLLC.

  • Litigation Finance, Big Data And The Limits Of AI

    Christopher Bogart

    Theoretically, both better data and its better use should be able to improve results in litigation, and thus help litigation financiers allocate more capital to meritorious matters. However, while big data and artificial intelligence are intriguing additions to the litigation toolkit, they are far from turning litigation finance on its head, says Christopher Bogart, CEO of Burford Capital LLC.

  • Series

    Counsel To Counsel: Mama Said There'll Be Days Like This

    Peter J. Engstrom

    It's no longer enough for law firms simply to provide expert legal advice — we are expected to mirror clients' legal, ethics and social commitments and promises. For law firm GCs, the resulting job demands seem to grow exponentially, says Peter Engstrom, general counsel of Baker McKenzie.

  • 4 Takeaways From The 'Buy American' Executive Order

    Justin Ganderson

    Following Tuesday's executive order, government contractors should expect agencies to significantly increase their efforts to monitor contractor compliance with "Buy American" laws and to enforce contractor noncompliance — possibly through civil or criminal False Claims Act violations, contract terminations and suspension or debarment, say attorneys with Covington & Burling LLP.

  • Big Stakes In High Court’s Securities Fraud Omissions Case

    Stephen L. Cohen

    Leidos v. Indiana Public Retirement System, which the U.S. Supreme Court will hear this year, presents potentially far-reaching questions, ranging from the U.S. Securities and Exchange Commission’s role in interpreting Section 10(b) to courts’ role in creating a federal common law of disclosure duties, say Stephen Cohen and Daniel McLaughlin of Sidley Austin LLP.

  • Series

    Counsel To Counsel: A Law Firm GC's Data Protection Duties

    Thomas W. White

    Increasingly, we see companies in all industries seeking to perform various levels of due diligence on our information security defenses. We received three times as many diligence requests from clients and prospective clients in 2016 as we did in 2015. Some clients even conduct their own penetration tests, says Thomas White, general counsel of WilmerHale.

  • Series

    Counsel To Counsel: Evaluating Positional Conflicts

    Nicholas A. Gravante Jr.

    What happens when attorneys come to their general counsel’s office with knowledge of a potential positional conflict? While the inquiry will depend on the rules governing the particular jurisdiction, there are a few general questions to consider from both business and legal ethics perspectives, say general counsel Nicholas A. Gravante Jr. and deputy general counsel Ilana R. Miller of Boies Schiller Flexner LLP.

  • Navigating Bid Protests Caused By DOD Cybersecurity Rules

    Robert Metzger

    The challenges faced by contractors in implementing new U.S. Department of Defense cybersecurity requirements are likely to result in adverse agency evaluations of proposals, which will form the basis for bid protests. Perceived defects in an awardee’s cybersecurity are also certain to be exploited by unsuccessful offerors seeking fodder for bid protests, say attorneys with Rogers Joseph O'Donnell PC.