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Government Contracts
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September 09, 2024
House OKs Bill To Bar Contracts With Chinese Biotech Cos.
Driven by concerns about U.S. genetic data being shared with the Chinese government, House lawmakers passed a bill on Monday to bar federal agencies from buying certain biotechnology linked to the Chinese government or from contracting with firms that use those products.
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September 09, 2024
Biotech Execs Face Investor Suit Over Medicare Claims
Executives and directors of biopharmaceutical company Ardelyx have been hit with a shareholder derivative suit in Massachusetts federal court alleging the company misled investors over its intentions and ability to apply for a Medicare reimbursement program for its kidney disease treatment.
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September 09, 2024
Sentencing Of Ex-Ecuador Official Delayed By Late Gov't Filing
A frustrated Florida federal judge on Monday pushed back the sentencing of Ecuador's ex-comptroller — who was convicted of laundering more than $12 million in bribes — after admonishing the government for an "inexplicably and undeniably late" forfeiture motion filed at 4 p.m. Friday.
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September 09, 2024
Ex-NYC School Official Gets 2 Years For Bribery Scheme
A former official in New York City's education system was sentenced in federal court Monday to two years in prison, while three others accused of conspiring with him also got prison time, after being convicted of taking bribes to help the co-defendants sell substandard foods to city schools.
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September 09, 2024
Baltimore Strikes $80M Opioid Settlement With Teva
Teva Pharmaceuticals will pay Baltimore $80 million to resolve claims that the company inflamed the city's opioid crisis, the city of Baltimore announced Monday ahead of a trial slated to begin next week against the remaining defendants in the Maryland state court litigation.
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September 09, 2024
DOJ Says Judge Missing 'Egregious' Slur In Race Bias Suit
A Georgia federal judge ignored crucial context and overlooked the "egregious nature" of a racial slur leveled at a Black worker when recommending that a race bias suit brought against a Georgia county by the federal government be thrown out, the U.S. Department of Justice said.
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September 09, 2024
Security Contractor Says It's Owed $3.6M In Worker Credits
A government contractor sued the U.S. for a nearly $3.6 million tax refund in Maryland federal court, claiming the Internal Revenue Service hasn't responded to its request for pandemic-era employee retention credits for the first three quarters of 2021.
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September 06, 2024
Gov't Asks Fed. Circ. To Rehear AI Deal Dispute
The federal government is urging the Federal Circuit to revisit a high-profile decision reviving an artificial intelligence company's protest over its exclusion from a National Geospatial-Intelligence Agency procurement, saying the ruling wrongly expanded the Court of Federal Claims' bid protest jurisdiction.
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September 06, 2024
DC Circ. Could Revive Energy Co.'s $1.1B Angola Suit
The D.C. Circuit appeared open on Friday to reviving an energy company's lawsuit against Angola over $1.1 billion worth of nixed power plant contracts, as a three-judge panel considered during a hearing whether Aenergy SA could collect any potential damages in Angola.
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September 06, 2024
IHS Seeks Stay In $17M Suit In Wake Of High Court Ruling
The Indian Health Service is asking for a stay in a challenge by a Navajo Nation hospital board that seeks $17.4 million in unpaid contract support costs, saying the agency is working toward a methodology on how to address claims stemming from a recent U.S. Supreme Court decision on the issue.
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September 06, 2024
FDII Covers Overseas Services For US Gov't, Memo Says
Government contractors that provide services to U.S. operations overseas are allowed to claim the deduction for foreign-derived intangible income, the IRS said in one of two internal memos released Friday that address foreign income issues.
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September 06, 2024
Insurer Tries To Stop Asset Transfers In $2.6M Builder Lawsuit
An insurance company has urged a Montana federal court to temporarily block a group of construction companies from transferring assets, alleging they owe more than $2.6 million in payments, claims and attorney fees related to projects in Montana and Wyoming.
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September 06, 2024
Indicted Power Broker, Atty Brother Hit With Civil RICO Suit
Philadelphia developer Carl Dranoff has accused the indicted brothers George E. Norcross III, a New Jersey power broker, and Parker McCay CEO Philip A. Norcross of causing him and his company millions of dollars in damages by intimidating and extorting him out of his property development rights in the city of Camden, New Jersey.
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September 06, 2024
Judge Newman's Suspension Extended For Another Year
Federal Circuit Judge Pauline Newman was barred Friday from hearing cases for at least another year due to her refusal to participate in an investigation into her health, with the appeals court's other judges deciding unanimously to extend a suspension that began last year.
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September 05, 2024
DOE Says Bonneville Power Lacks Proper Contract Oversight
The U.S. Department of Energy's Office of Inspector General released a report to the public on Thursday identifying weaknesses in the Bonneville Power Administration's management of its Fish and Wildlife Program contracts, including instances where "invoice reviews lacked supporting documentation to justify the costs incurred."
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September 05, 2024
Navy Justifiably Terminated Deal Over Staffing, Fed. Circ. Told
The U.S. Navy has urged the Federal Circuit to uphold a lower court ruling finding that it reasonably canceled a deal with a defense contractor to perform work at the naval air station in Jacksonville, Florida, over proper staffing, saying the company didn't follow the agreement's terms to provide a team of 20 professionals.
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September 05, 2024
Wash. Justices Uphold State's Wastewater Nitrogen Limits
The Washington Supreme Court overturned a win for the city of Tacoma and other municipal wastewater treatment plant operators challenging state caps on nitrogen discharges, finding Thursday that the limits state regulators added to its permits don't qualify as a rule under the Administrative Procedure Act.
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September 05, 2024
Conn. Dentist Admits To Reaping $2.2M Through Kickbacks
A Connecticut dentist has pled guilty to paying $360,000 in kickbacks to recruiters who corralled Medicaid patients into her practice, pocketing $2.2 million in government payments in the process, the U.S. Attorney's Office for the District of Connecticut announced Thursday.
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September 05, 2024
Investment Firm Fights Order To Return Docs In NJ Bias Suit
A Black-owned investment firm accusing BlackRock Inc. and New Jersey of squeezing it out of a lucrative contract has challenged a U.S. magistrate judge's order to return redacted emails to the Garden State, arguing that the order was made without a full written record or a requested conference on the privilege dispute.
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September 05, 2024
Army Didn't Breach Afghan Fuel Deal Amid Taliban Seizure
The Armed Services Board of Contract Appeals has mostly rejected a contractor's $11.9 million appeal stemming from the seizure of its fuel and equipment by the Taliban following the U.S. withdrawal from Afghanistan, saying the U.S. Army didn't breach any contractual duty.
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September 05, 2024
Biden To Block US Steel-Nippon, And More Deal Rumors
President Joe Biden is reportedly preparing to block the $14.9 billion merger of U.S. Steel and Nippon Steel, Blackstone and Vista Equity Partners may team up to buy Smartsheet, and Springer Nature is planning an initial public offering. Here, Law360 breaks down these and other notable deal rumors reported over the past week.
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September 05, 2024
Conn. Bar Says Woman Owes Exhibits In Suit Over Exam Tech
A bar examinee suing the Connecticut Bar Examining Committee and ExamSoft over an alleged software crash that hindered her ability to complete the exam has failed to file three exhibits referenced in her complaint, which the committee said Thursday makes it difficult to move to dismiss the matter.
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September 04, 2024
Medical Cos. Must Provide Doctor Names In Fla. Qui Tam Suit
A Florida federal judge has ordered several medical companies accused of fraudulently obtaining more Medicare funding than they were owed to produce the names of doctors associated with the companies, saying the difference between employed and affiliate providers isn't relevant.
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September 04, 2024
Groups Urge DC Circ. To Reject Pharma Terrorism Liability Claims
Business and nongovernmental organization advocacy groups have urged the D.C. Circuit to rule that terrorism victims can't hold pharmaceutical companies liable for their injuries, citing a U.S. Supreme Court decision rejecting similar liability claims against technology companies.
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September 04, 2024
3M Earplug Plaintiffs Want Child Support Subpoena Blocked
The plaintiffs' leadership group representing service members and others in multidistrict litigation against 3M Co. over injuries stemming from its Combat Arms Earplugs asked a Florida federal court Wednesday to block the state of Washington Division of Child Support from interfering in the $6 billion settlement reached earlier this year.
Expert Analysis
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Contractors Must Prep For FAR Council GHG Emissions Rule
With the U.S. Federal Acquisition Regulatory Council expected to finalize its proposed rule on the disclosure of greenhouse gas emissions and climate-related financial risk this year, government contractors should take key steps now to get ready, say Thomas Daley at DLA Piper, Steven Rothstein at the Ceres Accelerator for Sustainable Capital Markets, and John Kostyack at Kostyack Strategies.
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How Attys Can Avoid Pitfalls When Withdrawing From A Case
The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.
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Using A Children's Book Approach In Firm Marketing Content
From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.
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Proposed Semiconductor Buy Ban May Rattle Supply Chains
The Federal Acquisition Regulatory Council's recent proposed rulemaking clarifies plans to ban government purchases of semiconductors from certain Chinese companies, creating uncertainty around how contractors will be able to adjust supply chains that are already burdened and contracted to capacity, say attorneys at Morgan Lewis.
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Patent Lessons From 4 Federal Circuit Reversals In April
Four Federal Circuit decisions in April that reversed or vacated underlying rulings provide a number of takeaways, including that obviousness analysis requires a flexible approach, that an invalidity issue of an expired patent can be moot, and more, say Denise De Mory and Li Guo at Bunsow De Mory.
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Series
Being An EMT Makes Me A Better Lawyer
While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.
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5 Lessons From Ex-Vitol Trader's FCPA Conviction
The recent Foreign Corrupt Practices Act and money laundering conviction of former Vitol oil trader Javier Aguilar in a New York federal court provides defense takeaways on issues ranging from the definition of “domestic concern” to jury instruction strategy, says attorney Andrew Feldman.
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Contract Disputes Recap: Saying What Needs To Be Said
Edward Arnold and Bret Marfut at Seyfarth Shaw examine three recent decisions that delve into the meaning and effect of contractual releases, and demonstrate the importance of ensuring that releases, as written, do what the parties intend.
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Insurance Types That May Help Cos. After Key Bridge Collapse
Following the collapse of the Francis Scott Key Bridge, businesses that depend on the bridge, the Port of Baltimore and related infrastructure for shipment and distribution of cargo should understand which common types of first-party insurance coverage may provide recoveries for financial losses, say Bert Wells and Richard Lewis at Reed Smith.
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Exploring An Alternative Model Of Litigation Finance
A new model of litigation finance, most aptly described as insurance-backed litigation funding, differs from traditional funding in two key ways, and the process of securing it involves three primary steps, say Bob Koneck, Christopher Le Neve Foster and Richard Butters at Atlantic Global Risk LLC.
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Bid Protest Spotlight: Unwitting Disclosure, Agency Deference
Roke Iko at MoFo examines two U.S. Court of Federal Claims decisions highlighting factors to consider before filing a protest alleging Procurement Integrity Act violations, and a decision from the U.S. Government Accountability Office about the capacity of an agency to interpret its own solicitation terms.
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Global Bribery Probes Are Complicating FCPA Compliance
The recent rise in collaboration between the U.S. Department of Justice and foreign authorities in bribery enforcement can not only affect companies' legal exposure as resolution approaches vary by country, but also the decision of when and whether to disclose Foreign Corrupt Practices Act violations to the DOJ, say Samantha Badlam and Catherine Conroy at Ropes & Gray.
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Series
Teaching Yoga Makes Me A Better Lawyer
Being a yoga instructor has helped me develop my confidence and authenticity, as well as stress management and people skills — all of which have crossed over into my career as an attorney, says Laura Gongaware at Clyde & Co.
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A Vision For Economic Clerkships In The Legal System
As courts handle increasingly complex damages analyses involving vast amounts of data, an economic clerkship program — integrating early-career economists into the judicial system — could improve legal outcomes and provide essential training to clerks, say Mona Birjandi at Data for Decisions and Matt Farber at Secretariat.
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Pay-To-Play Deal Shows Need For Strong Compliance Policies
The U.S. Securities and Exchange Commission, through its recent settlement with Wayzata, has indicated that it will continue stringent enforcement of the pay-to-play rule, so investment advisers should ensure strong compliance policies are in place to promptly address potential violations as the November elections approach, say attorneys at WilmerHale.