Government Contracts

  • February 12, 2024

    Fla. Atty Wants $300K COVID Relief Fraud Conviction Axed

    A Florida attorney convicted of conspiring to defraud a U.S. coronavirus pandemic relief program has asked a Georgia federal judge to vacate the jury's guilty verdict and either acquit her or order a new trial, arguing the government violated her due process rights by not submitting sufficient evidence to prove her guilt.

  • February 12, 2024

    Newman Cleared To Fight Law In DC, But Not Suspension

    U.S. Circuit Judge Pauline Newman may challenge the law she has been suspended under, but she cannot get an injunction that would allow her to hear cases on the Federal Circuit again, nor fight how the law has been directly applied to her, a D.C. federal judge said Monday.

  • February 09, 2024

    House Dems Press Army For Data On Ammo Production Deal

    Two House Democrats raised concerns Thursday that the U.S. Army wasn't tracking ammunition produced in a government-owned, contractor-run plant, saying without proper oversight, ammunition in that plant could wind up in the hands of a mass shooter.

  • February 09, 2024

    SunZia Line Developer To Argue Against DOI Injunction Bid

    The developer of the proposed SunZia Southwest Transmission Project can intervene in litigation seeking to halt construction of its 550-mile powerline, a federal district court ruled, saying that disposing of the motion may impair the company's ability to protect its interests.

  • February 09, 2024

    Conn. Port Authority Cleared After 'Success Fee' Probe

    A four-year investigation sparked by allegations that the Connecticut Port Authority paid an improper "success fee" to a contractor has ended after a handful of referrals for ethical breaches and lobbying misconduct, but the fee itself was legal and no other action is forthcoming, the state's attorney general has announced.

  • February 09, 2024

    Fed. Circ. Disputes Newman's Filing Alleging Listserv Cut

    In response to Federal Circuit Judge Pauline Newman's filing alleging she has been cut from the circuit's judicial listserv, the other circuit judges on Friday told the court overseeing her lawsuit challenging her suspension that they "dispute both the accuracy and relevance of those legal and factual points" in her brief.

  • February 09, 2024

    Biden Admin. Seeks Suppliers For Major Clean Energy Deals

    The Biden administration is looking for contractors to provide clean electricity to civilian and defense agencies in the mid-Atlantic and Midwest states for what it says will be one of the federal government's "largest-ever clean electricity purchases."

  • February 09, 2024

    Fed. Circ. Backs Gov't Win In Fla. University's Patent Dispute

    A Federal Circuit panel has affirmed the rejection of a Florida university's infringement suit against the U.S. government over its patent on lab mice used to study Alzheimer's disease, ruling the 1980 law governing patents developed through federally funded research can apply to work that predates a funding agreement.

  • February 09, 2024

    Fed. Circ. Suggests Smiley Face Could Replace Mail Patent

    A Federal Circuit panel on Friday appeared doubtful that a patent for processing undeliverable mail covers patent-eligible subject matter, with one judge saying a smiley face printed on a piece of mail could theoretically do the same thing.

  • February 09, 2024

    Government Contracts Group Of The Year: Covington

    Successfully defending against a bid protest over the U.S. Army's award of an $8 billion contract for helicopter development, Covington & Burling LLP's government contracts team was able to secure the "largest and most complex competitive procurement" in Army aviation history for Bell Textron, earning the firm a place among Law360's 2023 Government Contracts Groups of the Year.

  • February 09, 2024

    FCRA Immunity Waiver Ruling Tees Up Compliance Frenzy

    A U.S. Supreme Court ruling that the Fair Credit Reporting Act waives federal agencies' immunity from lawsuits will not only open the door to more litigation against government lenders but may also trigger housecleaning to ensure that debts are correctly reported, experts told Law360.

  • February 09, 2024

    New Report Recommends IP Commercialization Task Force

    The National Advisory Council on Innovation and Entrepreneurship has told the Biden administration that it should direct the U.S. Patent and Trademark Office to create a task force to commercialize federal technology intellectual property and provide more IP incentives for federally funded research.

  • February 09, 2024

    Jordan Calls For Investigation Into DOJ's Deal With IRS Leaker

    House Judiciary Committee Chairman Jim Jordan is investigating whether federal prosecutors were politically motivated to allow the former IRS contractor who leaked former President Donald Trump's tax returns to plead guilty to a single count of illegal disclosure, calling the arrangement "a sweetheart deal."

  • February 09, 2024

    GE Aerospace To Pay $443K To End DOL Sex Bias Probe

    GE Aerospace will pay $443,000 to resolve the U.S. Department of Labor's allegations that it discriminated against women by failing to hire qualified female applicants to fill manufacturing operations associate positions in its Rutland, Vermont, facility, the agency said Friday.

  • February 08, 2024

    High Court Ruling Solidifies SOX Whistleblower Protections

    The U.S. Supreme Court's unanimous decision Thursday in favor of a UBS whistleblower has solidified whistleblower protections across a wide range of industries, with one attorney saying the ruling has made the Sarbanes-Oxley Act the most pro-employee labor law in the country.

  • 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.

Expert Analysis

  • Federal Courts And AI Standing Orders: Safety Or Overkill?

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    Several district court judges have issued standing orders regulating the use of artificial intelligence in their courts, but courts should consider following ordinary notice and comment procedures before implementing sweeping mandates that could be unnecessarily burdensome and counterproductive, say attorneys at Curtis.

  • The 5 Most Important Bid Protest Decisions Of 2023

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    Attorneys at Bradley Arant discuss noteworthy 2023 bid protest decisions from the U.S. Court of Federal Claims and U.S. Government Accountability Office, offering perspectives on standing, document production, agency deference, System for Award Management registration requirements and mentor-protégé joint venture proposal evaluations.

  • 4 Questions On Groundbreaking New Foreign Bribery Law

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    The recently enacted Foreign Extortion Prevention Act will significantly alter the anti-corruption landscape under U.S. law by allowing prosecutors to pursue foreign officials for soliciting or accepting bribes, but it’s not yet clear how the statute will be used and by whom, say attorneys at K&L Gates.

  • OIG Report Has Clues For 2024 Healthcare Fraud Enforcement

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    A recent report from the Health Department's Office of the Inspector General reveals healthcare fraud and abuse enforcement trends that will continue in 2024, from increased telehealth oversight to enhanced policing of managed care, say attorneys at Sheppard Mullin.

  • 7 E-Discovery Predictions For 2024 And Beyond

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    The legal and technical issues of e-discovery now affect virtually every lawsuit, and in the year to come, practitioners can expect practices and policies to evolve in a number of ways, from the expanded use of relevancy redactions to mandated information security provisions in protective orders, say attorneys at Littler.

  • DOD's Proposed Cyber Rule: What Contractors Must Know

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    A review of the U.S. Department of Defense's recently published Cybersecurity Maturity Model Certification proposed rule, requiring independent third-party cybersecurity assessments for many defense contractors, suggests that there will be a competitive advantage to prompt demonstration of full compliance with the rule, says Robert Metzger at Rogers Joseph.

  • 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.

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