Government Contracts

  • February 14, 2024

    Gen Digital Says FCA Suit Award Was Raised $16M Too Far

    Gen Digital Inc. urged a D.C. federal judge Tuesday to reduce the $53 million judgment he recently increased from an initial $1.6 million award in a whistleblower False Claims Act case, saying he wrongly included some sales in his calculations.

  • February 14, 2024

    Patterson Earnhart Names Equity Partners, Opens Wis. Office

    Native American law firm Patterson Earnhart Real Bird & Wilson LLP has announced two new equity partners, one of whom will lead a new office in Wisconsin.

  • February 13, 2024

    Indian Satellite Co. Wants Justices' View On US Courts' Purview

    The Ninth Circuit erred in ruling it had no jurisdiction over a commercial division of an Indian space agency and, therefore, could not enforce a $1.3 billion arbitral award, an Indian satellite company said in its request to stay the ruling while it takes the matter up with the U.S. Supreme Court.

  • February 13, 2024

    Planned Parenthood Says Immunity Ignored In FCA Case

    Planned Parenthood told the Fifth Circuit that a district court's bases for rejecting its immunity defenses should be rejected, in its opening brief in its appeal in a False Claims Act suit that accuses the group of improperly billing Medicaid programs in Texas and Louisiana for millions after losing its Medicaid credentials.  

  • February 13, 2024

    CMS Must Rethink $4M Training Contract Award, GAO Rules

    The Centers for Medicare & Medicaid Services will have to reconsider a contract it awarded to a public relations firm after the U.S. Government Accountability Office sustained all four aspects of a competitor's protest over how their bids were evaluated.

  • February 13, 2024

    COVID Watchdogs Unclear On Whistleblower Rules, GAO says

    Of the three COVID-19 oversight bodies responsible for handling complaints from contractor and grantee whistleblowers, only one believes that whistleblowers are clearly protected from retaliation under the law, the U.S. Government Accountability Office said in a report Tuesday.

  • February 13, 2024

    Judge Orders Revival Of Improperly Canceled Air Force Deal

    The U.S. Air Force must revive a solicitation for a refueling tanker console, the U.S. Court of Federal Claims ordered, agreeing with a bidder that the service hadn't met a condition to cancel the deal.

  • February 13, 2024

    Fed. Circ. Won't Revive Abstract Return Mail Patent

    Alabama-based Return Mail Inc. has failed to persuade the Federal Circuit that its patent for processing undeliverable mail meets patent eligibility requirements, according to a Tuesday order.

  • February 13, 2024

    Mass Arrests In NYC Housing Bribe Case Trouble Attys

    An anti-corruption crackdown targeting New York City public housing workers accused of taking bribes for contract work is raising eyebrows among defense lawyers, who critiqued what they saw as a heavy-handed approach even as many envision quick, favorable resolutions.

  • February 13, 2024

    Tribes Seek Split Arguments In High Court Healthcare Dispute

    Two Native American tribes are asking the U.S. Supreme Court to allow them to separately argue their positions in seeking to uphold rulings that ordered the federal government to reimburse them millions in administrative healthcare costs, adding that the issues presented in the case are at the core of their ability to perform a critical service on their reservation lands.

  • February 13, 2024

    Fluor Fights FCA's Legality In Bid To Escape Fraud Suit

    Fluor Corp. pressed the South Carolina federal court to knock out a False Claims Act suit by former military officers, arguing that the law supporting the entire case unconstitutionally vests private citizens with government powers.

  • February 13, 2024

    Convicted NC Doctor Can't Get Recordings From Prosecutors

    A North Carolina federal judge on Tuesday rejected a doctor's attempt to force prosecutors to turn over recorded phone calls with a telemedicine provider, finding that the requested materials weren't relevant and that she was trying to "manufacture" a way to have her fraud conviction overturned.

  • February 13, 2024

    Officer Says He Was Denied Work Due To Race, Med. Pot Use

    A Connecticut police officer who was injured in training says he was wrongfully denied disability retirement and was unable to secure administrative work after injuring his neck, experiencing discrimination based on his race and ethnicity as well as his physical disability.

  • February 13, 2024

    Ex-IRS Contractor Appeals 5-Year Sentence For Tax Info Leak

    A former IRS contractor sentenced to five years in prison for stealing and leaking former President Donald Trump's tax returns — and those of thousands of other wealthy people — to the media told a D.C. federal court he will appeal his final judgment.

  • February 13, 2024

    Fox Rothschild Beefs Up Government Contracts Team In DC

    Fox Rothschild LLP has added an experienced government contracts attorney from Sheppard Mullin Richter & Hampton LLP to its Washington, D.C., office.

  • February 13, 2024

    Government Contracts Group Of The Year: Seyfarth

    Seyfarth Shaw LLP continues to defend a historic $367 million award it secured for the city of Anchorage, Alaska — one of the largest monetary judgments ever entered against the U.S. government in a contract dispute — landing the firm among Law360's 2023 Government Contracts Groups of the Year.

  • February 13, 2024

    Blocked Emails No Excuse For Missed Deadline, GAO Says

    The National Geospatial-Intelligence Agency reasonably eliminated a Virginia consulting company's bid for a $71.1 million task order because it did not receive the company's emailed revisions by a deadline, the U.S. Government Accountability Office ruled, even though the agency's cybersecurity software blocked the emails.

  • February 12, 2024

    GAO Says Ambiguity Protest Too Late In HHS Comms Deal

    A Virginia-based communications firm lost out on a marketing contract for the U.S. Department of Health and Human Services after the U.S. Government Accountability Office ruled that it had not provided a required rate agreement in its quote.

  • February 12, 2024

    Pa. Judge Won't Certify Class In Juvenile Facility Abuse Suit

    A Pennsylvania federal judge has declined to certify a proposed class of former residents of juvenile facilities operated by Abraxas Youth and Family Services who claim to have suffered mental, physical or sexual abuse between 2000 and the present, saying "fact-finding mini-trials" would be needed to adequately identify members.

  • February 12, 2024

    Library Of Congress Must Revisit $450M Software Deal

    The U.S. Government Accountability Office has backed protests by Deloitte and another company over $450 million in Library of Congress software development contracts, saying the agency made several errors in how it assessed and compared bids.

  • February 12, 2024

    Colo. Oil Co. Can't Halt Regulators' New Enforcement Efforts

    A Colorado state judge has ruled that his order freezing state oil regulators' actions against K.P. Kauffman Co. Inc. does not stop officials from future enforcement against the oil and gas company.

  • February 12, 2024

    Feds Argue Immunity Again, Post-Discovery, In Flint Lead Case

    The federal government is urging a Michigan federal judge to dismiss claims from Flint residents challenging the Environmental Protection Agency's response to lead exposure that began in 2014, saying that because the agency's decisions were discretionary and subject to policy review, the government has immunity under an exception to the Federal Tort Claims Act.

  • February 12, 2024

    Tenn. Dept. Settles Claims It Ignored Kids' Citizenship Options

    A Tennessee federal court on Monday approved a settlement requiring Tennessee's Department of Children's Services to ensure undocumented children in its care can timely pursue legal status, resolving allegations the department irresponsibly let children age out of a special pathway to citizenship.

  • February 12, 2024

    NY Judge Keeps Navy Contract Trade Secrets Suit Alive

    A New York federal judge partially upheld a trade secrets case against L3 Harris Cincinnati Electronics Corp., finding that BAE Systems plausibly alleged that it was cut out of a government contract for naval defense technology after sharing its proprietary information.

  • February 12, 2024

    Government Contracts Group Of The Year: Hogan Lovells

    Hogan Lovells convinced the U.S. Government Accountability Office that a $1 billion contract for services supporting the Office of Refugee Resettlement's program for unaccompanied children was awarded based on a flawed evaluation, making it one of Law360's 2023 Government Contracts Practice Groups of the Year.

Expert Analysis

  • Tips For Contractors Preparing For Potential Gov't Shutdown

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    With elements of the Congress’ latest continuing resolution expiring on Jan. 19, companies that may be fatigued by preparing for potential shutdown after potential shutdown should consider the current political climate and take specific steps now, say attorneys at Miller & Chevalier.

  • 2 FCPA Settlements Illuminate Self-Disclosure, Disgorgement

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    Two of last year’s Foreign Corrupt Practices Act settlements — with biomedical company Lifecore and mining company Corsa Coal — suggest that the government will be much more flexible in negotiating disgorgement amounts if an entity voluntarily self-discloses misconduct, say Michael Gilbert and Lucas Amodio at Sheppard Mullin.

  • Opinion

    Anti-Kickback Statute Does Not Require But-For Causation

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    A proper interpretation of the Anti-Kickback Statute clearly indicates that but-for causation is not required for False Claims Act Liability, and courts that hold otherwise will make it significantly easier for fraudsters to avoid accountability, says Kenneth Capesius at Baron & Budd.

  • 5 Litigation Funding Trends To Note In 2024

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    Over the next year and beyond, litigation funding will continue to evolve in ways that affect attorneys and the larger litigation landscape, from the growth of a secondary market for funded claims, to rising interest rates restricting the availability of capital, says Jeffery Lula at GLS Capital.

  • Lessons From DOJ's Handling Of Rare Medicare Fraud Case

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    The U.S. Department of Justice's recent indictment against HealthSun sheds light on the relatively rare circumstances in which the agency may pursue criminal charges for fraud involving Medicare Advantage, but its subsequent decision not to prosecute shows that compliance efforts can mitigate penalties, say attorneys at WilmerHale.

  • Growing Green Tech Demand Spells Trouble For Groundwater

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    Increasing demand for green technology is depleting the groundwater reserves used to extract and process the necessary minerals, making a fundamental shift toward more sustainable water use practices necessary at both the state and federal levels, says Sarah Mangelsdorf at Goldberg Segalla.

  • What To Know About FCA Cybersecurity Enforcement

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    Now is a good time for practitioners, government contractors and potential relators to review recent developments in cybersecurity-related False Claims Act enforcement, and consider best practices for navigating this space in the new year, say Ellen London at London & Stout, and Li Yu and Molly Knobler at DiCello Levitt.

  • 4 Legal Ethics Considerations For The New Year

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    As attorneys and clients reset for a new year, now is a good time to take a step back and review some core ethical issues that attorneys should keep front of mind in 2024, including approaching generative artificial intelligence with caution and care, and avoiding pitfalls in outside counsel guidelines, say attorneys at HWG.

  • What May Define Contract Disputes Act Jurisdiction In 2024

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    Now is a good time to reflect on how several recent decisions may have limited the government's ability to weaponize jurisdictional prerequisites under the Contract Disputes Act, and how this new direction may affect government contractors and practitioners filing CDA appeals in 2024, say attorneys at Seyfarth.

  • What The Law Firm Of The Future Will Look Like

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    As the legal landscape shifts, it’s become increasingly clear that the BigLaw business model must adapt in four key ways to remain viable, from fostering workplace flexibility to embracing technology, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • 4 PR Pointers When Your Case Is In The News

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    Media coverage of new lawsuits exploded last year, demonstrating why defense attorneys should devise a public relations plan that complements their legal strategy, incorporating several objectives to balance ethical obligations and advocacy, say Nathan Burchfiel at Pinkston and Ryan June at Castañeda + Heidelman.

  • The Space Law And Policy Outlook For 2024

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    Expect significant movement in space law, regulation and policy in 2024, as Congress, the administration and independent federal agencies like the Federal Communications Commission address the increasingly congested, contested and competitive nature of space and the space industry, say Paul Stimers and Leighton Brown at Holland & Knight.

  • Law Firm Strategies For Successfully Navigating 2024 Trends

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    Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.

  • The Most-Read Legal Industry Law360 Guest Articles Of 2023

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    A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.

  • Inside Higher Education's New FCA Liability Challenges

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    As the educational sector expands its use of government funding, schools are at increased risk under the False Claims Act, but recent settlements offer valuable lessons about new theories of liability they may face and specific procedures to reduce their exposure, say James Zelenay and Jeremy Ochsenbein at Gibson Dunn.

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