Government Contracts

  • February 21, 2024

    Boston Faces Suit Over Women's Soccer Stadium Project

    The city of Boston was slammed with a complaint in Massachusetts Superior Court by a nonprofit organization seeking to halt the city's pending privatization of the George Robert White Memorial Stadium in order to transform it into a women's professional soccer stadium.

  • February 21, 2024

    PE Firm Can't Shake Ex-CEO's Retaliation Suit In NC

    A North Carolina federal judge has maintained the bulk of a former executive's suit accusing a private equity firm of duping him into accepting a top role at a defense supply unit and fired him when he refused to hide the company's financial reality from a major defense contractor client, reasoning that he satisfied pleading standards.

  • February 21, 2024

    Feds Found Responsible For Leased Building's Contamination

    The Civilian Board of Contract Appeals ruled that the federal government is liable for piscicide contamination of a building long used by the U.S. Fish and Wildlife Service, but is on the hook only for diminished value and not full restoration.

  • February 21, 2024

    Boeing Ousts Head Of Embattled 737 Max Program

    Boeing on Wednesday replaced the chief of its 737 Max program as the American aerospace giant rejiggers the executive team overseeing its most popular line of jets after high-profile safety mishaps such as last month's midair panel blowout and two deadly crashes overseas five years ago.

  • February 20, 2024

    Liberal Justices Hint Chevron Deference Hanging By A Thread

    In the U.S. Supreme Court's latest battle royal over administrative powers, left-leaning justices at oral arguments Tuesday openly suggested that the landmark legal doctrine underpinning modern rulemaking might soon shrivel up, clearing the way for industry-led challenges to regulations on the books for decades.

  • February 20, 2024

    SEC Zeroes In On SolarWinds Exec In Revised Complaint

    The U.S. Securities and Exchange Commission has doubled down on its case accusing software provider SolarWinds Corp. of failing to warn the public about the cybersecurity vulnerabilities that gave rise to a 2020 hack, providing a New York federal court with more detail about the involvement of the company's chief information security officer in the alleged cover-up.

  • February 20, 2024

    NM Fire Victims Sue FEMA Over Compensation Delays

    Ten New Mexico residents with property damaged by the Hermit's Peak/Calf Canyon Fire sued the Federal Emergency Management Agency in federal court Friday, saying FEMA is not processing their claims in a timely manner, in violation of an assistance measure Congress passed for victims of the wildfire.

  • February 20, 2024

    Groups, Scholars Back Tribes In High Court Healthcare Bid

    A coalition of Native American and Alaskan Native healthcare boards and nonprofits are asking the U.S. Supreme Court to uphold rulings that ordered the federal government to reimburse two tribes millions in administrative healthcare costs, arguing that the obligation is deeply rooted in the trust relationship between the United States and its Indigenous nations.

  • February 20, 2024

    Calif. Tribe Looks To Undo Tobacco Noncompliance Listing

    The Twenty-Nine Palms of Mission Indians is suing the U.S. government in California federal court over its decision to place the tribe on a "non-compliant list" under a law that targets illegal tobacco trafficking, arguing that its operations comply with all applicable state laws.

  • February 20, 2024

    Walgreens Defeats $200M Investor Suit Over Insulin Billing

    A Delaware vice chancellor has thrown out a stockholder derivative suit accusing Walgreens directors of ignoring an alleged scheme in which insulin pen prescriptions were overfilled and the government overbilled, ruling that the investors haven't shown that the company's top brass acted in bad faith.

  • February 20, 2024

    Fla. Gaming Pact Not Allowed Under Federal Law, Expert Says

    A Miami law school adjunct professor supporting a pair of casinos seeking to undo the Seminole Tribe of Florida's gaming agreement authorizing online sports betting has urged the U.S. Supreme Court to hear the establishments' case or reverse a lower court decision, saying the pact violates the Indian Gaming Regulatory Act.

  • February 20, 2024

    GAO Says Army Was Fair In Awarding $169M IT Upgrade Deal

    The U.S. Government Accountability Office has denied a Maryland company's protest of a $169 million information technology infrastructure modernization deal for the U.S. Army, rejecting its claim that the Army assessed a competitor's strengths while overlooking the company's despite them having similarities.

  • February 20, 2024

    11th Circ. Tosses Appeal Of Bid-Rigging Indictment

    The Eleventh Circuit on Tuesday found that a concrete executive has to wait until after he's tried to contest his indictment by a remotely convened grand jury during the pandemic on charges of allegedly fixing prices and rigging bids for ready-mix concrete in Georgia.

  • February 20, 2024

    Restoration Architect Says Visa Denial Ignored Evidence

    A Colombian restoration architect who wants to address the affordable housing shortage in the U.S., accused immigration officials in Florida federal court of disregarding more than 1,000 pages of evidence in denying him a national interest waiver for a visa.

  • February 20, 2024

    DOL Says Fringe Benefits Cos., Execs Mismanaged Funds

    The U.S. Department of Labor accused two fringe benefits administration companies and their executives of mismanaging funds destined for government contractor employees' benefits, telling a Maryland federal court Tuesday that more than $4 million in withdrawals remains missing.

  • February 20, 2024

    Amentum Can Claim Some COVID Leave Costs From Air Force

    The Armed Services Board of Contract Appeals has ruled that Amentum Services can partially claim increased costs under an Air Force contract based on California's COVID-19 sick leave laws but that sovereign immunity bars claims based on a military quarantine requirement.

  • February 20, 2024

    Solar Co. Preyed On Elderly Prior To DOE Loan Deal, Suit Says

    Sunnova Energy International Inc. was hit with a proposed investor class action alleging shareholders were damaged when reports revealed that it routinely engaged in predatory tactics against elderly homeowners before it entered a deal with the U.S. Department of Energy to help disadvantaged communities.

  • February 20, 2024

    Fox Rothschild AI Chief Talks 'Terrifying' Deepfakes, Biased AI

    Mark McCreary, the chief artificial intelligence and information security officer at Fox Rothschild, leads his firm's internal AI strategy and provides counsel to other law firms trying to bushwhack their path through the often murky AI legal landscape, rife with hallucinated case law citations and disturbingly real deepfakes.

  • February 16, 2024

    4th Circ. Won't Rethink Overturning Bid-Rigging Conviction

    The Fourth Circuit declined to reconsider a panel ruling that overturned a former Contech executive's bid-rigging conviction, despite the U.S. Department of Justice's contention that the decision flouts long-standing precedent.

  • February 16, 2024

    Nat'l Security Bar Kills Ex-Raytheon Worker's Retaliation Suit

    The Fifth Circuit on Thursday refused to revive an engineer's claims that he was fired by defense contractor Raytheon for raising concerns about a naval system, saying that reviewing the case would implicate the Pentagon's protected decision to revoke his security clearance.

  • February 16, 2024

    You Want Judge Reyna To Have Coffee With Your Brief

    U.S. Circuit Judge Jimmie V. Reyna on Friday told intellectual property attorneys that the best way to establish credibility at the Federal Circuit is through a well-written brief, saying otherwise they put him in a bad position and deprive him of coffee.

  • February 16, 2024

    ​​4th Circ. Revives COVID Benefits Class Action Against BofA

    The Fourth Circuit on Friday resurrected a proposed class action brought by a recipient of government COVID-19 assistance that alleges Bank of America didn't protect his unemployment benefits, reasoning the bank account was subject to a federal law that guards government benefits.

  • February 16, 2024

    Ape Farm Says Ga. Officials Monkeying With $300M Bond Deal

    The company behind a proposed — and highly controversial — 1.75 million-square-foot monkey rearing facility in southwest Georgia has taken its fight against local officials to federal court, accusing a development authority of trying amid public outcry to back out of a $300 million bond deal to finance the project.

  • February 16, 2024

    NJ Comptroller Gets Win In Suit Seeking To Block Subpoena

    A federal judge on Thursday tossed a suit from the CEO of a police training company alleging a subpoena from the New Jersey Office of the State Comptroller, or OSC, for his video testimony was retaliatory, ruling that the federal suit makes the same arguments that were already rejected in state court.

  • February 16, 2024

    Telemedicine Exec Admits $110M Medicare Fraud Scheme

    A Florida man agreed to plead guilty to orchestrating a $110 million Medicare fraud scheme using telemedicine and telemarketing companies to generate falsified orders for knee braces and other medical equipment, Boston federal prosecutors said Friday.

Expert Analysis

  • A Post-Mortem Analysis Of Stroock's Demise

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    After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.

  • How DOD Can Improve Flexibility Under Proposed Cyber Rule

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    The U.S. Department of Defense should carefully address some of the more nuanced aspects of the Cybersecurity Maturity Model Certification program to avoid unintended consequences, specifically the proposal to severely limit contractor use of plans of actions and milestones, say Joshua Duvall at Maynard Nexsen and Sandeep Kathuria at L3Harris Technologies.

  • Fed. Circ. Ruling Helps Clarify When Gov't Clawback Is Timely

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    The Federal Circuit’s examination of claims accrual in a January decision that allows the Defense Contract Management Agency to pursue overpayment claims under a cost-reimbursement contract serves as a reminder that the government can lose such claims by waiting too long to file, say Evan Sherwood and Peter Hutt at Covington.

  • Preparing For DOJ's Data Analytics Push In FCPA Cases

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    After the U.S. Department of Justice’s recent announcement that it will leverage data analytics in Foreign Corrupt Practice Act investigations and prosecutions, companies will need to develop a compliance strategy that likewise implements data analytics to get ahead of enforcement risks, say attorneys at Cozen O'Connor.

  • Considering The Logical Extremes Of Your Legal Argument

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    Recent oral arguments in the federal election interference case against former President Donald Trump highlighted the age-old technique of extending an argument to its logical limit — a principle that is still important for attorneys to consider in preparing their cases, says Reuben Guttman at Guttman Buschner.

  • How 3 New Laws Change Calif. Nonprofits' Legal Landscape

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    Legislation that went into effect on Jan. 1 should be welcomed by California’s nonprofit organizations, which may now receive funding more quickly, rectify past noncompliance more easily and have greater access to the states’ security funding program, say Casey Williams and Brett Overby at Liebert Cassidy.

  • ChristianaCare Settlement Reveals FCA Pitfalls For Hospitals

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    ChristianaCare's False Claims Act settlement in December is the first one based on a hospital allegedly providing private physicians with free services in the form of hospital-employed clinicians and provides important compliance lessons as the government ramps up scrutiny of compensation arrangements, say attorneys at Sheppard Mullin.

  • Series

    Coaching High School Wrestling Makes Me A Better Lawyer

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    Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.

  • Freight Forwarders And Common Carriers: Know Your Cargo

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    Freight forwarders and other nonprincipal parties involved in global cargo movement should follow the guidance in the multi-agency know-your-cargo compliance note to avoid enforcement actions should they fail to spot evasive tactics used in supply chains to circumvent U.S. sanctions and export controls, say attorneys at Venable.

  • SG's Office Is Case Study To Help Close Legal Gender Gap

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    As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.

  • Opinion

    The PLUS Act Is The Best Choice For Veterans

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    Of two currently pending federal legislative proposals, the Preserving Lawful Utilization of Services Act's plan to diversify and expedite the processing of veterans' claims through an expanded network of accredited providers offers the better solution, say Michael Andrews at McGuireWoods and Matthew Feehan at Nearside Solutions.

  • Skirting Anti-Kickback Causation Standard Amid Circuit Split

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    Amid the federal circuit court split over the causation standard applicable to False Claims Act cases involving Anti-Kickback Statute violations, which the First Circuit will soon consider in U.S. v. Regeneron, litigators aiming to circumvent the heightened standard should contemplate certain strategies, say Matthew Modafferi and Terence Park at Frier Levitt.

  • What New Calif. Strike Force Means For White Collar Crimes

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    The recently announced Central District of California strike force targeting complex corporate and securities fraud — following the Northern District of California's model — combines experienced prosecutorial leadership and partnerships with federal agencies like the IRS and FBI, and could result in an uptick in the number of cases and speed of proceedings, say attorneys at MoFo.

  • Bid Protest Spotlight: Standing And A Golden Rule

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    In this month's bid protest roundup, Victoria Angle at MoFo examines one recent decision that clarifies the elements necessary to establish prejudice and federal claims court standing in multiphase protests, and two that exemplify a government procurements golden rule.

  • Reimagining Law Firm Culture To Break The Cycle Of Burnout

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    While attorney burnout remains a perennial issue in the legal profession, shifting post-pandemic expectations mean that law firms must adapt their office cultures to retain talent, say Kevin Henderson and Eric Pacifici at SMB Law Group.

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