Government Contracts

  • February 02, 2024

    Court's Claims Of Internal Dispute A Myth, Tribe Tells Fed. Circ.

    The Winnemucca Indian Colony is asking the Federal Circuit to overturn a decision that dismissed allegations in a $208 million breach of trust suit against the Bureau of Indian Affairs, saying the Court of Federal Claims wrongly characterized the events that underpinned its litigation as an internal dispute within the tribe.

  • February 02, 2024

    Mich. Prevailing Wage Policy Gets Appellate Court's Backing

    A Michigan agency did not overstep its authority when it required that workers on certain state-funded construction projects be paid a prevailing wage, an appellate court panel has ruled, finding the Legislature's repeal of the Prevailing Wage Act did not remove the agency's ability to impose certain terms on state contracts.

  • February 02, 2024

    Ga. Appeals Court Scraps Bond Order In Auto Plant Fight

    A group of Georgia residents hoping to block the construction of a $5 billion Rivian electric car plant shouldn't have been required to post a six-figure bond to continue with their litigation, a state Court of Appeals panel ruled Friday, overturning a county trial court's ruling.

  • February 02, 2024

    Up Next At High Court: Donald Trump's Disqualification

    The U.S. Supreme Court will hold oral arguments in a special session Thursday to consider former President Donald Trump's bid to be reinstated to the Colorado primary election ballot.

  • February 02, 2024

    GSA Lets Contractors Claim Rising Red Sea Shipping Costs

    The U.S. General Services Administration has authorized agencies participating in its employee relocation program to reimburse shipping companies the extra costs of rerouting household goods shipments to avoid Houthi attacks on the Red Sea.

  • February 02, 2024

    Infrastructure Co. Cuts Deal To Resolve DOL Equal Pay Probe

    An infrastructure consulting company has agreed to pay roughly $122,000 to shutter a U.S. Department of Labor investigation into allegations that the company paid women less than their male counterparts despite the workers having the same levels of experience and skill, the DOL said.

  • February 01, 2024

    GAO Nixes Protests To Army's Costly Pick For $549M Deal

    The U.S. Government Accountability Office freed the U.S. Army Materiel Command from claims it unreasonably snubbed two contractors for an installation support deal in favor of a company with a more expensive bid, saying the command justified the price differential.

  • February 01, 2024

    GAO Backs Protest Over DHS Ignoring Change On $225M Deal

    The U.S. Government Accountability Office backed Deloitte Consulting's protest over a $225.3 million U.S. Department of Homeland Security order for support services, saying DHS wrongly failed to take into account the awardee removing a proposed teaming partner from its bid.

  • February 01, 2024

    How Will AI Impact The Environment? Dems Want To Find Out

    As attempts to integrate artificial intelligence into products and processes speed up, Congress wants a close look at how the technology's electricity use, water needs and waste consequences are affecting the environment.

  • February 01, 2024

    5 Mass. Rulings You Might Have Missed In January

    Massachusetts justices in Suffolk County's Business Litigation Session weighed in on the impact of a major ruling involving Robinhood Financial, a proposed class action on overdraft fees charged by a credit union, and two pandemic-related cases. Here are five January decisions that might have flown under the radar.

  • February 01, 2024

    Michigan Co. To Pay $5M To Resolve Army Overcharge Claims

    A Michigan company will pay $5 million to the U.S. government to resolve a former employee's whistleblower claims it overstated pricing data for subcontractor work in a deal to manufacture armored vehicle upgrades for the U.S. Army, federal prosecutors announced.

  • February 01, 2024

    Fla. Nursing Home Mogul Reaches Plea Deal With Feds

    Florida nursing home mogul Philip Esformes, whose conviction on various healthcare fraud-related charges was left alone by the U.S. Supreme Court, has reached a plea deal with prosecutors on pending healthcare fraud charges against him, a Florida federal court revealed Thursday.

  • January 31, 2024

    Contractors In GOP States To Face Brunt Of Pay Equity Plan

    A proposed rule to improve pay equity for employees of federal contractors will likely result in significant changes to contractors' hiring practices especially in southern and Midwestern states, while its broad scope could catch some smaller contractors and subcontractors unaware.

  • January 31, 2024

    Unions Tell 5th Circ. Biden Can Raise Contractors' Wages

    A group of unions told the Fifth Circuit on Wednesday that better pay makes workers more efficient and President Joe Biden was therefore within his rights under federal law to set a $15-per-hour minimum wage for federal contractors.

  • January 31, 2024

    NASA's Pricey Pick For $60M Deal Was 'Rational,' Judge Says

    The U.S. Court of Federal Claims backed a $60.3 million NASA deal for technical workforce education and training, finding that the agency rationally assessed each company's proposal and reasonably decided that a protester's cheaper bid wasn't worth its risks.

  • January 31, 2024

    Drowned Dredging Worker's Widow Hits Feds With $4M Suit

    The Army Corps of Engineers' failure to properly ensure safe working conditions for workers contracted to dredge the Delaware River led to the death of a man who fell from an elevated work platform and drowned, according to a $4 million suit by the man's widow.

  • January 31, 2024

    Renewable Lumber Biz Can Tap $12M Of DIP For Ch. 11 Plan

    Renewable lumber producer Restoration Forest Products Group LLP received interim approval from a Delaware bankruptcy judge on Wednesday for its $93.3 million debtor-in-possession loan, keeping it on track to confirm a prepackaged Chapter 11 plan in March.

  • January 31, 2024

    US Tells Fed. Circ. Greece's $23M Arms Sale Suit Was Late

    Federal attorneys urged the Federal Circuit against reviving the Greek government's $23 million lawsuit over a decades-old arms sale, saying the claims court correctly determined that Greece had waited too long to file the case.

  • January 31, 2024

    Fla. Man Avoids Jail In Telemedicine Fraud Suit

    A Florida resident did not receive prison time during a federal court hearing Wednesday and instead was sentenced to a period of supervised release for his role in a company that prosecutors say was built to scam insurers into paying millions of dollars for prescriptions that patients didn't need.

  • January 31, 2024

    Lab Exec Gets 10 Years For $234M Medicare Fraud Scheme

    The operator of a California clinical testing laboratory was sentenced to 10 years in prison for his involvement in a scheme to fraudulently bill Medicare for about $234 million after he'd been banned from participating in the program due to prior convictions.

  • January 30, 2024

    Ex-Pfizer Compliance Officer Revamps Whistleblower Suit

    A former Pfizer compliance officer said he endured harassment and discrimination before being fired in retaliation for reporting the pharmaceutical giant to the U.S. Securities and Exchange Commission over concerns that it was potentially violating the Foreign Corrupt Practices Act, according to an amended complaint filed in California federal court.

  • January 30, 2024

    CDC Patent Apps Lead Gilead To Victory In HIV Research Feud

    The Centers for Disease Control and Prevention's repeated citation of research for HIV prevention treatments in its patent applications was key to the U.S. Court of Federal Claims concluding the government violated contracts with research partner Gilead, according to an opinion unsealed Tuesday.

  • January 30, 2024

    Pharmacy Knew Conn. Kickbacks Broke Law, Founder Testifies

    The owners of a compounding pharmacy at the center of an $11 million drug kickback case knew that it was illegal to make payments to patients who got their prescriptions filled and recruited other customers, a Connecticut state court judge heard Tuesday before striking the witness testimony from the record.

  • January 30, 2024

    New Report Says ICE's Digital Monitoring Of Migrants Soaring

    The number of migrants subject to digital surveillance under a U.S. Immigration and Customs Enforcement program has skyrocketed since the program's inception, according to a report released Tuesday, which revealed that figure tripled between 2021 and 2022 alone.

  • January 30, 2024

    Holtec, Firm Fined $5M Over NJ Tax Credit Applications

    A New Jersey-based energy technology company and a real estate firm are avoiding criminal prosecution for unlawfully exploiting a state tax incentive program by agreeing to pay $5 million in penalties and be monitored in future applications for state benefits, the state attorney general announced Tuesday.

Expert Analysis

  • A Closer Look At Proposed HHS Research Misconduct Rule

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    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.

  • Attorneys, Law Schools Must Adapt To New Era Of Evidence

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    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.

  • Suspension And Debarment: FY 2023 By The Numbers

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    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.

  • Tips For Litigating Against Pro Se Parties In Complex Disputes

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    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.

  • Contracts Disputes Recap: Expect Strict Application Of Rules

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    Zachary Jacobson and Sarah Barney at Seyfarth examine four recent cases highlighting the importance, for both contractors and government agencies, of strict compliance with the Contract Disputes Act’s jurisdictional requirements and with the Federal Acquisition Regulation's remedy-granting clauses.

  • Unpacking The FAR Council's Cybersecurity Rules Proposal

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    New reporting and information sharing requirements in the Federal Acquisition Regulatory Council's recently proposed cybersecurity regulations would create new False Claims Act enforceability risks, and could be a focus for the U.S. Department of Justice's Civil Cyber Fraud Initiative, say Townsend Bourne and Lillia Damalouji at Sheppard Mullin.

  • Pro Bono Work Is Powerful Self-Help For Attorneys

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    Oct. 22-28 is Pro Bono Week, serving as a useful reminder that offering free legal help to the public can help attorneys expand their legal toolbox, forge community relationships and create human connections, despite the challenges of this kind of work, says Orlando Lopez at Culhane Meadows.

  • Series

    Playing In A Rock Cover Band Makes Me A Better Lawyer

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    Performing in a classic rock cover band has driven me to hone several skills — including focus, organization and networking — that have benefited my professional development, demonstrating that taking time to follow your muse outside of work can be a boon to your career, says Michael Gambro at Cadwalader.

  • Series

    The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'

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    The murder trials in Netflix’s “The Lincoln Lawyer” illustrate the stark contrast between the ethical high ground that fosters and maintains the criminal justice system's integrity, and the ethical abyss that can undermine it, with an important reminder for all legal practitioners, say Judge Adam Espinosa and Andrew Howard at the Colorado 2nd Judicial District Court.

  • Bid Protest Spotlight: Deference Limit, Close-At-Hand Doctrine

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    In this month's bid protest roundup, Roke Iko at MoFo examines a recent decision from the U.S. Court of Federal Claims about the parameters of agency deference, and one from the U.S. Government Accountability Office that highlights the risk to offerors of relying heavily on evaluators’ prior knowledge.

  • New DOJ Roles Underscore National Security Focus

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    The U.S. Department of Justice’s recent creation of two new leadership positions signals to the private sector that federal law enforcement is pouring resources into corporate investigations to identify potential national security violations, say attorneys at Ballard Spahr.

  • Opinion

    Newman Suspension Shows Need For Judicial Reform

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    The recent suspension of U.S. Circuit Judge Pauline Newman following her alleged refusal to participate in a disability inquiry reveals the need for judicial misconduct reforms to ensure that judges step down when they can no longer serve effectively, says Aliza Shatzman at The Legal Accountability Project.

  • Lessons From Verizon's Cybersecurity FCA Self-Disclosure

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    A Verizon unit’s recent agreement to settle allegations of cyber-related False Claims Act violations illustrates the interplay between the government's prioritization of cybersecurity enforcement and the potential benefits of voluntarily disclosing cybersecurity failures, says Denise Barnes at Honigman.

  • How And Why Your Firm Should Implement Fixed-Fee Billing

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    Amid rising burnout in the legal industry and client efforts to curtail spending, pivoting to a fixed-fee billing model may improve client-attorney relationships and offer lawyers financial, logistical and stress relief — while still maintaining profit margins, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • Unpacking OMB's Proposed Uniform Guidance Rewrite

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    Affected organizations, including state and local governments, should carefully review the Office of Management and Budget's proposed overhaul of uniform rules for administering over $1 trillion in federal funding distributed each year, and take the opportunity to submit comments before the December deadline, says Dismas Locaria at Venable.

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