Government Contracts

  • February 27, 2024

    Ga. ICE Facility Dismissed From Forced Labor Suit

    A Georgia federal judge on Tuesday allowed an immigration detention facility to escape a proposed class action accusing it of forcing detainees to work for as little as $1 per day after it argued it couldn't be sued under Georgia law.

  • February 27, 2024

    Ga. Judge Pauses $300M Bond Deadline In Monkey Farm Fight

    A Georgia federal judge on Monday suspended an imminent deadline for a $300 million bond agreement to finance the construction of a controversial primate-rearing farm amid a series of court fights over whether local officials can legally back out of the deal.

  • February 27, 2024

    Miller & Chevalier Adds CIA Gov't Contracts Counsel

    Miller & Chevalier Chtd. has hired a government contracts attorney who most recently worked as a senior counsel in the contract law division of the CIA's Office of the General Counsel, the firm announced Monday.

  • February 27, 2024

    Cybersecurity Firm Says Reseller Stiffed It To Pay Other Bills

    Cybersecurity firm Acronis Inc. is accusing a reseller of using the proceeds from the sale of its products to pay off other financial obligations and ignoring its $1.5 million debt to Acronis, according to a lawsuit filed Monday in Massachusetts state court.

  • February 27, 2024

    Energy, Infrastructure Pro Rejoins V&E In Houston

    Vinson & Elkins LLP is welcoming back a longtime attorney, announcing Monday that an energy and infrastructure expert is rejoining the firm as a partner in its Houston office after a brief foray working with an energy emissions reduction software company.

  • February 26, 2024

    KBR Urges 4th Circ. To OK $8M Award Against Kuwaiti Co.

    A global engineering corporation has asked the Fourth Circuit not to overturn a lower court decision enforcing an approximately $8 million arbitral award against a Kuwaiti construction company after a dispute over Iraqi wartime contracts, saying nothing warrants upending the award.

  • February 26, 2024

    Ligado Claims Iridium Bias In $40B Spectrum Takings Case

    Ligado Networks has pushed back against Iridium Communications' bid to back the government in Ligado's $40 billion lawsuit accusing the government of unlawfully taking over a spectrum it secured exclusive licensing for, saying Iridium had ulterior motives for filing a friend-of-the-court brief.

  • February 26, 2024

    Inmate, 8 Others Charged In Trafficking, Tax Fraud Schemes

    A California prison inmate has been charged along with eight other individuals with operating two separate illegal schemes: one to distribute methamphetamine and another to fraudulently claim over $550 million in COVID-19-based tax credits.

  • February 26, 2024

    Journos Say Feds Can't Delay Contractor Demographic Data

    The Center for Investigative Reporting urged a California federal court not to allow the U.S. Department of Labor to withhold government contractor demographic reports, arguing that any further delays in disclosure would harm the public.

  • February 26, 2024

    Teva Tells 1st Circ. Feds Must Clear High Bar In FCA Case

    Teva Pharmaceuticals told the First Circuit on Monday that the federal government should be held to — and cannot meet — a strict causation standard in a False Claims Act kickback case, asking the court to settle a matter of first impression in the circuit.

  • February 26, 2024

    6th Circ. Sanctions Prison Co. For Not Disclosing Asset Info

    A Sixth Circuit panel has held a Federal Bureau of Prisons contractor in contempt for its "woefully inadequate" efforts to turn over financial records to the National Labor Relations Board as ordered, in a dispute over two fired union supporters' back pay.

  • February 26, 2024

    Feds Say Fla. Atty Can't Undo COVID Relief Fraud Conviction

    A U.S. attorney's office has pushed back on a Florida lawyer's bid to vacate her conviction in Georgia federal court of conspiring to defraud a coronavirus pandemic relief program, saying the government doesn't have to prove she was "behind the keyboard" when the applications were submitted to be convicted of the charges.

  • February 26, 2024

    Justices Decline Standard Chartered Sanction Evasion Suit

    The U.S. Supreme Court on Monday refused to consider whether a whistleblower should've been granted a hearing in a lower court to support allegations that Standard Chartered Bank cleared roughly $56 billion in violation of U.S. sanctions against Iran.

  • February 26, 2024

    Justices Say Tribes Can Argue Separately In Healthcare Row

    Two Native American tribes seeking to uphold rulings that ordered the federal government to reimburse them millions of dollars in administrative healthcare costs can argue their cases separately, the U.S. Supreme Court said Monday.

  • February 23, 2024

    DOD Watchdog Flags Increased Emphasis On Contract Fraud

    The U.S. Department of Defense's internal watchdog has been expending more effort to fight procurement fraud, in "a shift" from healthcare fraud being the primary focus for federal investigators, according to Inspector General Robert Storch.

  • February 23, 2024

    Feds Back ICE Contractor In 9th Circ. Detainee Wage Fight

    The federal government told the Ninth Circuit that immigrant detainees at contractor-run facilities aren't covered by state labor laws, backing GEO Group Inc.'s effort to overturn $23.2 million in judgments that found a detainee work program violated Washington's minimum wage law.

  • February 23, 2024

    Groups Back Texas' Bid To Void Feds' Highway GHG Rule

    Construction trade groups have thrown their support behind the state of Texas' federal lawsuit seeking to vacate a new U.S. Department of Transportation rule requiring states to set targets for reducing greenhouse gas emissions from federally funded highway projects.

  • February 23, 2024

    Denver Jury Awards Aecom $5M In Toll Lanes Fight

    A Denver federal jury awarded construction design firm Aecom $5.25 million in damages Friday for a subcontractor's failure to pay for design services for a Colorado highway expansion, and rejected the subcontractor's attempt to get $260 million in counterclaims.

  • February 23, 2024

    Motorola, Mass. Police Sued For Using Intercepting Devices

    Motorola sold technology that let the Massachusetts State Police make illegal, warrantless recordings during investigations, according to a federal class action filed by four men claiming to be subjects of the secret recordings.

  • February 23, 2024

    US Hits Russia With Largest Sanctions Since Ukraine Invasion

    The U.S. announced over 500 new sanctions on Russia Friday following the death of opposition leader Alexei Navalny, marking the largest number of sanctions since Moscow invaded Ukraine two years ago.

  • February 23, 2024

    Aversion To Fixed-Price Deals May Compel Gov't To Change

    An emerging trend among large defense contractors to avoid fixed-price contracts with the federal government may force agencies to ease up on inflexible terms that undermine contractors' efforts to mitigate the lingering effects of COVID-19 and current inflation.

  • February 22, 2024

    Wash. Tribe Awarded Land Comp Funds After 50-Year Battle

    In a decision the Chinook Indian Nation on Thursday called groundbreaking for other Indigenous communities, the federal government determined that the tribe will receive more than $48,000 from an Indian Claims Commission judgment handed down half a century ago as compensation for the seizure of the tribe's ancestral lands.

  • February 22, 2024

    NY Offshore Wind Project Gets Final Green Light From Feds

    The Biden administration said Thursday it has approved the Empire Wind offshore wind energy project's construction and operations plan, clearing the way for construction of two wind facilities off the coast of Long Island, New York.

  • February 22, 2024

    DOJ Reports $2.7B False Claims Act Haul In 2023

    The U.S. Department of Justice on Thursday released its latest data on recoveries under the False Claims Act, saying there were nearly $2.7 billion in settlements and judgments in the 2023 fiscal year, an increase from the prior year's haul. 

  • February 22, 2024

    Comerica Brass Sued Over Benefit Cards Contract Oversight

    Executives and directors of financial services company Comerica were hit with a shareholder derivative suit alleging they failed to disclose the company was mismanaging a lucrative government benefits card program by allowing sensitive data to be handled at an international vendor's office.

Expert Analysis

  • ChristianaCare Settlement Reveals FCA Pitfalls For Hospitals

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    ChristianaCare's False Claims Act settlement in December is the first one based on a hospital allegedly providing private physicians with free services in the form of hospital-employed clinicians and provides important compliance lessons as the government ramps up scrutiny of compensation arrangements, say attorneys at Sheppard Mullin.

  • Series

    Coaching High School Wrestling Makes Me A Better Lawyer

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    Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.

  • Freight Forwarders And Common Carriers: Know Your Cargo

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    Freight forwarders and other nonprincipal parties involved in global cargo movement should follow the guidance in the multi-agency know-your-cargo compliance note to avoid enforcement actions should they fail to spot evasive tactics used in supply chains to circumvent U.S. sanctions and export controls, say attorneys at Venable.

  • SG's Office Is Case Study To Help Close Legal Gender Gap

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    As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.

  • Opinion

    The PLUS Act Is The Best Choice For Veterans

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    Of two currently pending federal legislative proposals, the Preserving Lawful Utilization of Services Act's plan to diversify and expedite the processing of veterans' claims through an expanded network of accredited providers offers the better solution, say Michael Andrews at McGuireWoods and Matthew Feehan at Nearside Solutions.

  • Skirting Anti-Kickback Causation Standard Amid Circuit Split

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    Amid the federal circuit court split over the causation standard applicable to False Claims Act cases involving Anti-Kickback Statute violations, which the First Circuit will soon consider in U.S. v. Regeneron, litigators aiming to circumvent the heightened standard should contemplate certain strategies, say Matthew Modafferi and Terence Park at Frier Levitt.

  • What New Calif. Strike Force Means For White Collar Crimes

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    The recently announced Central District of California strike force targeting complex corporate and securities fraud — following the Northern District of California's model — combines experienced prosecutorial leadership and partnerships with federal agencies like the IRS and FBI, and could result in an uptick in the number of cases and speed of proceedings, say attorneys at MoFo.

  • Bid Protest Spotlight: Standing And A Golden Rule

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    In this month's bid protest roundup, Victoria Angle at MoFo examines one recent decision that clarifies the elements necessary to establish prejudice and federal claims court standing in multiphase protests, and two that exemplify a government procurements golden rule.

  • Reimagining Law Firm Culture To Break The Cycle Of Burnout

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    While attorney burnout remains a perennial issue in the legal profession, shifting post-pandemic expectations mean that law firms must adapt their office cultures to retain talent, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • Grant Compliance Takeaways From Ga. Tech's FCA Settlement

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    Georgia Tech’s recent False Claims Act settlement over its failure to detect compliance shortcomings in a grant program was unique in that it involved a voluntary repayment of funds prior to the resolution, offering a few key lessons for universities receiving research funding from the government, says Jonathan Porter at Husch Blackwell.

  • Series

    Competing In Dressage Makes Me A Better Lawyer

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    My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.

  • ASBCA Ruling May Pave Way For Pandemic-Related Claims

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    The Armed Services Board of Contract Appeals’ recent decision that the government failed to meet its evidentiary burden when it sought dismissal under the sovereign acts doctrine offers hope to contractors and subcontractors that faced performance challenges resulting from the COVID-19 pandemic, say Edward Arnold and Zachary Jacobson at Seyfarth.

  • Opinion

    White Collar Plea Deals Are Rarely 'Knowing' And 'Voluntary'

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    Because prosecutors are not required to disclose exculpatory evidence during plea negotiations, white collar defendants often enter into plea deals that don’t meet the U.S. Supreme Court’s “knowing” and “voluntary” standard for trials — but individual courts and solutions judges could rectify the issue, says Sara Kropf at Kropf Moseley.

  • EEO-1 Ruling May Affect Other Gov't Agency Disclosures

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    By tightly construing a rarely litigated but frequently asserted term, a California federal court’s ruling that the Freedom of Information Act does not exempt reports to the U.S. Department of Labor on workplace demographics could expand the range of government contractor information susceptible to public disclosure, says John Zabriskie at Foley & Lardner.

  • 2 SEC Orders Illuminate Bribery Risks For US-China Cos.

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    The U.S. Securities and Exchange Commission’s foreign bribery-related resolutions with 3M and Clear Channel offer important takeaways on compliance risks for companies with operations in China, from the role of traditionally low-risk vendors to gaps in internal accounting controls, say attorneys at Miller & Chevalier.

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