Government Contracts

  • February 08, 2024

    $490M FCA Verdict Against Medical Distributor Cut In Half

    A Minnesota federal judge on Thursday chopped a $490 million False Claims Act verdict against an ophthalmology distributor for making kickbacks to doctors in half, finding the compensatory damages to be "notably severe" and "grossly disproportional" to the offense under the Excessive Fines Clause.

  • February 08, 2024

    White House Patent Plan To Curb Drug Prices Draws Outcry

    A Biden administration proposal aiming to lower drug prices by using the government's authority to override patents for products developed with federal funding has drawn fierce pushback from drugmakers, universities and others who say the plan will hinder innovation.

  • February 08, 2024

    Disbarred Ex-DA Not Immune In False Felony Suit, Rival Says

    A former Colorado district attorney has urged a federal judge to keep alive his case accusing his disbarred successor and political rival of falsely charging him with felony embezzlement, while dropping some claims, arguing that absolute prosecutorial immunity or qualified immunity should not apply.

  • February 08, 2024

    Cannabis Co. Sues Colorado Regulators Over Tracking Rules

    A Colorado company that makes edible cannabis products has sued state regulators over what it describes as a confusing series of regulatory moves in recent months regarding the tracking of cannabis products and their insistence on the use of a particular tracking device through a state contractor.

  • February 08, 2024

    Watchdog Faults VA For Failing To Vet Contract Personnel

    A federal watchdog warned Thursday that the U.S. Department of Veterans Affairs was compromising the health and safety of veterans and its own personnel by failing to properly vet workers employed by contractors.

  • February 08, 2024

    Judge Newman Says She's Been Cut From Judicial Listserv

    The day after a national panel that reviews judicial misconduct affirmed Federal Circuit Judge Pauline Newman's suspension for refusing to undergo medical tests as part of a probe into her mental fitness, the judge complained Thursday that she had been taken off an email list that goes to all judges.

  • February 08, 2024

    Senate Committee Advances FAA Reauthorization Bill

    A U.S. Senate panel on Thursday advanced multiyear legislation reauthorizing the Federal Aviation Administration's safety and airport improvement programs, while also dedicating resources to hiring more air traffic controllers and inspectors, enhancing passenger protections, and integrating more drones and so-called air taxis.

  • February 08, 2024

    DOL Seeks To Ax Challenge To New Davis-Bacon Rule

    The U.S. Department of Labor has asked a Texas federal judge to toss the Associated Builders and Contractors' lawsuit seeking to stop the agency from enforcing a final rule regarding prevailing wage rates for federal construction projects, saying the group didn't show how the rule would harm its members.

  • February 08, 2024

    Ga. Judge Hits Medicare Fraud Duo With 37-Month Sentences

    A Georgia federal judge on Thursday sentenced a man and woman to 37-month prison sentences for their role in a scheme that used their marketing company to trade doctors' medical device orders and rip off Medicare for more than $1.5 million.

  • February 08, 2024

    2nd Circ. Appoints Goodwin To Suit Over Fake Pot In NY Jail

    The Second Circuit has revived an incarcerated man's lawsuit seeking damages for his exposure to secondhand smoke from synthetic cannabinoid illicitly smuggled into a jail in Orange County, New York, saying his case has "potential merit," and appointed Goodwin Procter LLP as his counsel.

  • February 08, 2024

    Gov't Contracts Group Of The Year: Bradley Arant

    Bradley Arant Boult Cummings LLP's recent work in multiple high-stakes bid protests, including scoring a precedent-setting decision that helped secure a $2.6 billion U.S. Immigration and Customs Enforcement contract for its client, have earned the firm a spot as one of Law360's 2023 Government Contracts Groups of the Year.

  • February 08, 2024

    High Court Sides With Whistleblower Against UBS

    The U.S. Supreme Court on Thursday found that whistleblowers don't need to show retaliatory intent on the part of their employers in order to be protected under federal law, in a unanimous ruling in favor of a former UBS employee and whistleblower who fought to restore a $900,000 jury verdict he secured in 2017.

  • February 08, 2024

    Justices Rule Gov't Agencies Not Immune From FCRA Suits

    The U.S. Supreme Court ruled Thursday that a person can sue a government agency under the Fair Credit Reporting Act, because the law's 1970 definition of a "person" was sufficient to waive the government's immunity.

  • February 07, 2024

    Judge Newman's Options Dwindle After Suspension Is Upheld

    Following Wednesday's decision by the national panel that reviews judicial misconduct cases upholding Federal Circuit Judge Pauline Newman's suspension, she faces a difficult path to getting reinstated without complying with an investigation into her mental fitness, experts say.

  • February 07, 2024

    Chinese Hackers Accessed Infrastructure For Years, US Warns

    United States intelligence agencies and allies confirmed on Wednesday that a Chinese state-sponsored hacker group called Volt Typhoon has infiltrated critical industries, including communications, transportation, energy, and water and wastewater systems, some of which have been compromised for at least five years.

  • February 07, 2024

    Supplier Says 'Eleventh-Hour' Lockheed Claim Doesn't Belong

    A titanium parts supplier has told a Texas federal judge that it's too late for Lockheed Martin Corp. to add a claim to its lawsuit seeking to force the supplier to deliver F-35 parts, saying the defense giant was merely strategizing.

  • February 07, 2024

    NC Public Housing Exec Gets Prison In Bid-Rigging Scheme

    A county housing director in North Carolina was sentenced Wednesday to 30 months in prison after she pled guilty to a conspiracy charge stemming from a scheme to funnel public housing contracts to her friends and family, prosecutors said.

  • February 07, 2024

    Board Says Facts Need Sussing In ICE, Charter Biz $64M Battle

    The U.S. Civilian Board of Contract Appeals has refused to grant summary judgment to either U.S. Immigration and Customs Enforcement or an airline charter in a $64 million fight over canceled flights, saying too many factual disputes remain in the case.

  • February 07, 2024

    Contractor Admits To Sourcing Vital Military Parts Abroad

    A defense contractor admitted to illegally obtaining parts for the U.S. military from China and other foreign countries on contracts requiring the items to be purchased from domestic companies, the U.S. Department of Justice announced Wednesday.

  • February 07, 2024

    NJ Panel Backs Retired Cops In Health Insurance Dispute

    Retired police officers for a New Jersey township are entitled to full healthcare benefits without premium payments under a collective bargaining agreement, a state appellate panel ruled Wednesday, upholding an arbitration decision in the police officers' union's favor.

  • February 07, 2024

    Firefighters Won't Receive Pension Hike, Conn. Justices Rule

    Firefighters who voluntarily retired during ongoing collective bargaining proceedings are not entitled to increased pension benefits corresponding with retroactive wage increases, the Connecticut Supreme Court ruled.

  • February 07, 2024

    Insurers Reach Agreement In School Construction Injury Suit

    Travelers has ended its dispute over whether another insurer must defend a general contractor, school district and construction manager in a worker's personal injury lawsuit as additional insureds, after a New York federal judge on Wednesday approved the parties' mutual request to drop the action.

  • February 07, 2024

    Mass. Residents Want High Court To Undo Tribe's Land Grant

    A group of Massachusetts residents are asking the U.S. Supreme Court to reverse a ruling that allowed the U.S. Department of the Interior to take 321 acres into trust for the development of a billion-dollar tribal hotel and casino, arguing that a lower court ignored precedent in determining that the Mashpee Wampanoag Tribe is under federal jurisdiction.

  • February 07, 2024

    Judge Newman's Suspension Upheld By US Panel

    The national panel that reviews judicial misconduct cases on Wednesday affirmed Federal Circuit Judge Pauline Newman's suspension for refusing to undergo medical tests as part of a probe into her mental fitness, saying she hadn't shown good cause for not complying.

  • February 06, 2024

    SpaceX Accused Of Sex Harassment, Retaliation In Calif.

    California's Civil Rights Department has received complaints that SpaceX has fired engineers who raised concerns about sexual harassment, gender discrimination and a hostile work environment created by CEO Elon Musk's public comments, according to complaints viewed by Law360 on Tuesday.

Expert Analysis

  • Series

    The Pop Culture Docket: Judge D'Emic On Moby Grape

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    The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.

  • Inside DOD's Final Commercial Products And Services Rule

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    The recently released final amendment of a Defense Federal Acquisition Regulation Supplement provision will help streamline negotiations over subcontracts that provide commercial products and services, but its failure to address certain key questions means government contractors must still await further guidance, say Alex Sarria and Connor Farrell at Miller & Chevalier.

  • Series

    Performing Music Makes Me A Better Lawyer

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    The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.

  • Bid Protest Spotlight: Bias, Unequal Discussions, Timeliness

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    In this month's bid protest roundup, James Tucker at MoFo offers takeaways from three bid protests in the U.S. Government Accountability Office relating to the high standard for protests that allege agency bias, seeking revised proposals from just one offeror, and untimely objections to solicitation terms.

  • Breaking Down High Court's New Code Of Conduct

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    The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.

  • A Gov't Contractor's Guide To Davis-Bacon Prevailing Wages

    Excerpt from Practical Guidance
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    In light of shifting federal infrastructure priorities and recent updates to U.S. Department of Labor regulations, employers should take the time to revisit the basics of prevailing wage requirements for federal contractors under the Davis-Bacon Act and similar laws, says Timothy Taylor at Holland & Knight.

  • What New DHS Cybersecurity Policy Means For Bid Protests

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    The U.S. Department of Homeland Security's recently unveiled policy of factoring cybersecurity self-assessments into its overall evaluation of contractors could raise novel bid protest considerations for offerors in both the pre-award and post-award contexts, say Amy Hoang at Seyfarth and Sandeep Kathuria at L3Harris Technologies.

  • Opinion

    Legal Profession Gender Parity Requires Equal Parental Leave

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    To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.

  • Series

    Writing Thriller Novels Makes Me A Better Lawyer

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    Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.

  • What Lawyers Must Know About Calif. State Bar's AI Guidance

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    Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.

  • Industry Must Elevate Native American Women Attys' Stories

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    The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.

  • Understanding Discovery Obligations In Era Of Generative AI

    Excerpt from Practical Guidance
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    Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.

  • The Case For Post-Bar Clerk Training Programs At Law Firms

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    In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.

  • Contracts Disputes Recap: Be Mindful Of Termination Clauses

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    Edward Arnold and Sarah Barney at Seyfarth examine three recent rulings — one from the U.S. Court of Federal Claims and two from the Armed Services Board of Contract Appeals — that highlight the termination clause as one of the most potent remedy-granting contract clauses.

  • 2 HHS Warnings Highlight Anti-Kickback Risks For Physicians

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    Two recent advisory opinions issued by the U.S. Department of Health and Human Services' Office of Inspector General involve different scenarios and rationales, but together they illustrate the OIG's focus on and disapproval of contractual joint ventures and other revenue-maximizing physician arrangements, say Robert Threlkeld and Elliott Coward at Morris Manning.

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