Government Contracts

September 22, 2023
Canceled $5B Air Force Deal May Be Susceptible To Protests

The U.S. Air Force may have opened itself up to protests and litigation over a highly competitive deal worth at least $5 billion following its decision to stop soliciting for the contract — after it got too many proposals.
September 22, 2023
Monsanto Bid To Nix Deposition From PCB Trial Irks Judge

A Washington state judge chided Monsanto's attorneys on Friday for last-minute objections to evidence in a product liability trial alleging PCB chemical-induced illnesses, saying the company had missed its chance to block the admission of records suggesting it knew a research lab was falsifying its toxicity studies in the 1970s.
September 22, 2023
Chevron Doctrine Supporters Flock To High Court In Key Case

Health groups, scientists, a labor union, small businesses and environmentalists are urging the U.S. Supreme Court not to strike down a nearly 40-year-old precedent that allows judges to defer to federal agencies' interpretations of law in rulemaking disputes, arguing it's a valuable and reliable tool in administrative law cases.
September 22, 2023
Off The Bench: MSU Coach, Olympian Abuse, DC Stadium Bill

This week's Off The Bench features a college football coach accused of sexual harassment fighting to keep his job, an Olympic medalist claiming that a U.S. team doctor sexually assaulted her, and Congress helping the nation's capital potentially lure back a beloved NFL team.
September 22, 2023
Federal Claims Judge Patricia Campbell-Smith To Retire

Judge Patricia Campbell-Smith of the U.S. Court of Federal Claims will be retiring at the end of the month.
September 22, 2023
Bidder's Shortcomings Sank Shot At $489M Space Force Deal

The U.S. Space Force reasonably excluded a small engineering company from the competitive range for an up to $489 million U.S. contract for work at Cape Canaveral Space Force Station, the U.S. Government Accountability Office decided in an opinion released Thursday, finding the company lacked qualifications.
September 22, 2023
Bradley Arant Bolsters Dallas Shop With Ex-Fed. Prosecutor

Bradley Arant Boult Cummings LLP has strengthened its government enforcement and investigations practice group by adding a former assistant U.S. attorney to its Dallas roster.
September 22, 2023
$7.5B On Tap For Water Project Loans, EPA Says

The U.S. Environmental Protection Agency said it has an estimated $7.5 billion available to provide low-interest loans to help communities pay for drinking water, wastewater and stormwater infrastructure projects.
September 21, 2023
Defense Grills Lead Investigator In $11M Medicare Fraud Trial

Defense counsel traded barbs with a lead investigator in the government's Medicare fraud case against a Charlotte, North Carolina, telemedicine doctor Thursday, hinting to the jury that investigators ignored evidence and pursued a case against the physician without thoroughly digging into other potential "players."
September 21, 2023
NY AG Inks $3.5M Deal To Boost College's Cybersecurity

Marymount Manhattan College has agreed to invest $3.5 million in data security enhancements to resolve the New York attorney general's claims that the educational institution's failure to maintain adequate safeguards opened it up to a 2021 cyberattack that exposed personal data belonging to nearly 100,000 students, faculty and alumni.
September 21, 2023
Newman's Push Against Suspension Called Probe 'Baseless'

Before her colleagues voted Wednesday to suspend Federal Circuit Judge Pauline Newman amid an investigation of her mental fitness, her attorneys argued in a filing made public concurrently with the order that the probe has no basis and a suspension would flout the law.
September 21, 2023
Conflict Of Interest Questioned In $78M DOD Deal With Deloitte

The U.S. Government Accountability Office sustained Guidehouse's protest of a $77.8 million audit remediation task order awarded to Deloitte, saying the Pentagon might have glossed over an agency official's potential conflict of interest since she had worked at Deloitte.
September 21, 2023
Defense Funding Bill Stalls In House Amid GOP Wrangling

The U.S. House of Representatives on Thursday rejected a bid to move forward with an $826.4 billion bill funding the U.S. Department of Defense for 2024, amid continued internal Republican wrangling over broader federal spending levels.
September 21, 2023
Yale, Prof. To Pay $1.5M And Share Drug Royalties In FCA Deal

Yale University and one of its professors will pay $1.5 million to resolve accusations they breached the False Claims Act by failing to disclose patents relating to the use of intranasal ketamine to treat depression, and share royalties with the Department of Veteran Affairs which funded the project, the U.S. Attorney's Office in Connecticut announced Thursday.
September 21, 2023
State Dept. Contractor Arrested On Espionage Charges

A government contractor has been arrested on charges that he copied top secret information from intelligence reports he accessed at the U.S. Department of State and transmitted them to an official of an unnamed foreign nation, prosecutors announced Thursday.
September 21, 2023
10th Circ. Wary Of Ex-KU Prof's False Statement Conviction

The Tenth Circuit appeared skeptical Thursday of the government's argument that a former University of Kansas professor's failure to inform his employer he was pursuing a job in China was relevant to federal grant funding decisions, with one judge citing a "failure of evidence."
September 21, 2023
Fla. Nurse Convicted In $200M Medicare False Billing Scheme

A Florida federal jury has convicted a nurse practitioner for her role in a fraud ring that submitted more than $200 million worth of false claims to Medicare for genetic testing and medical equipment the patients didn't need, prosecutors said.
September 21, 2023
Florida Court Sued For Refusing Disability Accommodations

The Eleventh Judicial Circuit of Florida was hit with a lawsuit in federal court this week under the Americans With Disabilities Act by a woman who accused it of refusing to accommodate her disability during her divorce proceedings.
September 21, 2023
Reed Smith Adds Wiley Gov't Contracts Partner In DC

Reed Smith LLP has hired a new government contracts partner from Wiley Rein LLP who formerly worked as NASA's acting director of legislative research and analysis, the firm announced Thursday.
September 21, 2023
Defense Co. Calls Ex-Partner's Patents Null In Secrets Dispute

Total Quality Systems Inc., a Utah defense contractor suing a former business partner for defamation and misappropriating trade secrets, is urging a federal judge to toss counterclaims that it infringed two of the ex-partner's patents, saying the patents sought to protect ideas and were thus invalid.
September 20, 2023
Newman's Suspension Met With Concern And Questions

Wednesday's suspension of Federal Circuit Judge Pauline Newman by her colleagues amid an investigation into her mental fitness is an unfortunate outcome in a difficult case, which raises questions about the acrimonious process and does not reflect well on the court, experts said.
September 20, 2023
States' Rights, Trans Protections To Collide At 4th Circ.

The full Fourth Circuit will hear arguments Thursday from state-run health plans in North Carolina and West Virginia challenging lower court decisions finding that their coverage exclusions for gender dysphoria treatments amount to unlawful discrimination, weighing in on two cases that experts say could impact employee benefit plans nationwide. Here's what to watch as the states and health plan participants square off before the Fourth Circuit.
September 20, 2023
Colorado Justices Debate City's Injury Claim In Water Suit

The Colorado Supreme Court Wednesday questioned whether the city of Golden had the right, in a lawsuit seeking approval of a protocol managing the Green Mountain Reservoir, to raise alleged injuries to its water rights from the protocol, with justices pressing the city on why it didn't bring a separate lawsuit or raise its concerns earlier.
September 20, 2023
Alaska Co. Loses Protest Of $103M Marine Corps Support Deal

The U.S. Government Accountability Office denied an Alaskan telecommunications contractor's protest of a $102.9 million contract for support services at the largest U.S. Marine Corps base Wednesday, saying a rating the contractor argued it should've received wasn't applicable to the deal.
September 20, 2023
Mexico Says USMCA Doesn't Permit Keystone-Style Claims

The government of Mexico has said a defunct North American trade pact didn't preserve parties' right to arbitration over legacy investments, appearing to support the U.S. position in a challenge to the Biden administration's decision to cancel the Canadian-developed Keystone XL pipeline.

Editor's Picks

The Latest On Escobar's FCA Impact

Federal courts across the country are handing down important rulings interpreting the U.S. Supreme Court’s landmark decision on False Claims Act liability in Universal Health Services v. Escobar. As the rulings keep pouring in, stay up to speed on Law360’s latest coverage and analysis of Escobar’s impact.

Expert Analysis

Opinion

Private Equity Owners Can Remedy Law Firms' Agency Issues

Nonlawyer, private-equity ownership of law firms can benefit shareholders and others vulnerable to governance issues such as disparate interests, and can in turn help resolve agency problems, says Michael Di Gennaro at The Law Practice Exchange.
Contract Disputes Recap: Avoid Pleading Errors' Harsh Effects

Zachary Jacobson and Stephanie Magnell at Seyfarth examine three recent cases that illustrate the severe consequences different pleading errors may have on a government contractor's ability to pursue a contract dispute, sometimes forever precluding relief regardless of the merits of a claim.
Not To Be Outpaced: How The 2024 NDAA Addresses China

Both the House and Senate versions of the 2024 National Defense Authorization Act include numerous provisions aimed at strengthening U.S. deterrence and competitive positioning vis-à-vis China, while imposing significantly more disruptive burdens on government contractors and their suppliers than in prior years, say attorneys at Covington.
How To Protect Atty-Client Privilege While Using Generative AI

When using generative artificial intelligence tools, attorneys should consider several safeguards to avoid breaches or complications in attorney-client privilege, say Antonious Sadek and Christopher Campbell at DLA Piper.
How New Lawyers Can Leverage Feedback For Growth

Embracing constructive criticism as a tool for success can help new lawyers accelerate their professional growth and law firms build a culture of continuous improvement, says Katie Aldrich at Fringe Professional Development.
Bracing For Rising Cyber-Related False Claims Act Scrutiny

Two recent cyber-related False Claims Act cases illustrate the vulnerability of government contractors, including universities, obliged to self-attest compliance with multiple controls, signal the importance of accurate internal controls and underline the benefits of self-disclosure, say Townsend Bourne and Nikole Snyder at Sheppard Mullin.
Corporate Compliance Lessons From FirstEnergy Scandal

Fallout from a massive bribery scheme involving Ohio electric utility FirstEnergy and state officeholders — including the recent sentencing of two defendants — has critical corporate governance takeaways for companies and individuals seeking to influence government policymaking, say attorneys at Wilson Sonsini.
Twitter Legal Fees Suit Offers Crash Course In Billing Ethics

X Corp.'s suit alleging that Wachtell grossly inflated its fees in the final days of Elon Musk’s Twitter acquisition provides a case study in how firms should protect their reputations by hewing to ethical billing practices and the high standards for professional conduct that govern attorney-client relationships, says Lourdes Fuentes at Karta Legal.
Self-Disclosure Lessons From Exemplary Corp. Resolutions

With scant examples of corporate resolutions in the wake of U.S. Department of Justice self-disclosure policy changes last fall, companies may glean helpful insights from three recent declination letters, as well as other governmental self-reporting regimes, say Lindsey Collins and Kate Rumsey at Sheppard Mullin.
ABA's Money-Laundering Resolution Is A Balancing Act

While the American Bar Association’s recently passed resolution recognizes a lawyer's duty to discontinue representation that could facilitate money laundering and other fraudulent activity, it preserves, at least for now, the delicate balance of judicial, state-based regulation of the legal profession and the sanctity of the attorney-client relationship, say attorneys at Ballard Spahr.
8 Ways Life Sciences Cos. Can Adapt To The Social Media Era

As pharmaceutical and medical device companies harness the powerful promotion potential of social media, they must navigate legal, regulatory and reputational risks that can be particularly challenging due to the complex framework of rules that apply to the life sciences industry, say attorneys at Troutman Pepper.
Bid Protest Spotlight: Unfair Advantage, Buy American Waiver

In this month's bid protest roundup, James Tucker at MoFo offers takeaways on one decision that considers unfair proposal development advantages in the context of an employee's access to nonpublic information in a prior federal government position, and another decision that reconsiders a contract award based on an inadequately supported waiver of Buy American Act restrictions.
Prevailing Wage Rules Complicate Inflation Act Tax Incentives

Nicole Elliott and Timothy Taylor at Holland & Knight discuss the intersection between tax and labor newly created by the Inflation Reduction Act, and focus on aspects of recent U.S. Department of Labor and U.S. Department of the Treasury rules that may catch tax-incentive seekers off guard.
Law Firm Professional Development Steps To Thrive In AI Era

As generative artificial intelligence tools rapidly evolve, professional development leaders are instrumental in preparing law firms for the paradigm shifts ahead, and should consider three strategies to help empower legal talent with the skills required to succeed in an increasingly complex technological landscape, say Steve Gluckman and Anusia Gillespie at SkillBurst Interactive.
Industry Takeaways From OMB's Final Buy America Guidance

The Office of Management and Budget's recently released guidance on "Buy America" requirements for federal infrastructure projects provides clarity in certain areas but fails to address troublesome inconsistencies with state laws and international trade agreements, so manufacturers and suppliers will need to tread carefully as agencies implement the changes, say Amy Hoang and Sarah Barney at Seyfarth Shaw.