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Government Contracts
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November 18, 2024
NJ Justices To Consider Sanctions Against Town For Suing Attys
The New Jersey Supreme Court has decided to weigh in on whether state law provides municipalities with immunity from sanctions for frivolous litigation, as it takes up a long-running affordable housing case in Englewood Cliffs.
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November 18, 2024
MVP: Seyfarth's Amy Hoang
Amy Hoang of Seyfarth Shaw LLP has successfully challenged the Small Business Administration's interpretation of its own regulations and protested and defended a $170 million contract award, earning her a spot as one of the 2024 Law360 Government Contracts MVPs.
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November 15, 2024
Defense Policy Outlook Under The New Trump Administration
Donald Trump's pending return to the White House is expected to bring significant changes to defense and national security policy, including a potentially larger but less diverse military, an increase in domestic sourcing and a more transactional relationship with allies.
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November 15, 2024
Texas Staffing Co. Sues State Over Minority Contract Program
An aerospace staffing agency has sued Texas Gov. Greg Abbott and the state's comptroller in federal court over a program that sets aside a certain percentage of contracts for minority-owned businesses, saying the program unfairly prevents the staffing agency from submitting bids because the company doesn't meet racial requirements.
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November 15, 2024
EPA Watchdog Flags Drinking Water Cybersecurity Risks
The U.S. Environmental Protection Agency's internal watchdog is sounding the alarm about cybersecurity weaknesses in the nation's drinking water systems, and said there are problems with the plans for reporting and coordinating responses to attacks.
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November 15, 2024
Healthcare Co. PACS Made False Claims Before IPO, Suit Says
Healthcare holding company PACS Group Inc. has been hit with a proposed shareholder class action on the heels of a short seller's report that alleged the company engaged in deceptive practices to boost its value ahead of its initial public offering, including Medicare claims fraud.
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November 15, 2024
NASA Shopping For New DC-Area Headquarters
NASA said it is assessing options for a new headquarters in the Washington, D.C., area, in anticipation of the 2028 expiration of its current lease.
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November 15, 2024
Secure Software Co. Investor Sues In Del. For Deal Docs
An investor in a "public benefit" company that provides sensitive software to government agencies and allies sued the business Friday in Delaware Chancery Court, seeking documents on a stock purchase agreement and other moves purportedly made without required consents.
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November 15, 2024
US Courts' Design Standards Increase Size, Costs, GAO Says
A report by the U.S. Government Accountability Office, publicly released Friday, has found that the judiciary's updated 2021 U.S. courts design guide would likely increase both the size and costs of federal courts.
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November 15, 2024
Conn. Atty Resolves $80K Labor Dept. Reimbursement Suit
A personal injury attorney in Connecticut said Friday she has "resolved" a lawsuit brought by the federal government that demanded she pay $80,000 to reimburse the U.S. Department of Labor for workers' compensation payments to two of her clients.
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November 15, 2024
Pharma Biz To Pay $47M To Settle Feds' Kickback Claims
A Florida pharmaceutical company and its chief executive have agreed to pay $47 million to settle claims that their practice of paying for certain patient tests crossed the line into being an illegal kickback to increase prescriptions of an enzyme replacement therapy, Boston federal prosecutors said on Friday.
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November 15, 2024
Former ADA Notches Bias Win Against Georgia Prosecutor
A federal judge cast aside the "incredulous" defenses of a Georgia district attorney accused of denying a female attorney a promotion, finding her liable for sex discrimination after previously hitting the DA with a default order for her attempts to dodge being deposed.
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November 14, 2024
Ex-DC Homeland Security Official Cops To $844K PPP Scam
A former D.C. Homeland Security commissioner on Thursday pled guilty to a scheme in which prosecutors say she fraudulently secured about $844,000 in Paycheck Protection Program funds, according to a plea agreement filed in District of Columbia federal court.
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November 14, 2024
3M Earplug Attys Near OK Of Up To $540M MDL Payout
A Florida federal judge agreed Wednesday to hold back 9% — or up to $540 million — from 3M's landmark $6.01 billion deal for fees and costs in multidistrict litigation over allegedly faulty combat earplugs, agreeing with a finding that the request is fair given the "tremendous" work of 68 plaintiffs' firms.
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November 14, 2024
DOD Wants Contractors To Report Foreign Code Sharing
The U.S. Department of Defense issued a proposed rule on Thursday requiring technology and weapons vendors to reveal whether they share source code with foreign governments, in an effort to curb potential cybersecurity risks.
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November 14, 2024
NY Nursing Homes Ink $45M Deal To End AG's Fraud Suit
Four New York nursing homes have agreed to a $45 million deal that will end a civil lawsuit brought by the state accusing them of neglecting residents and defrauding Medicare and Medicaid, according to a Friday announcement by New York Attorney General Letitia James.
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November 14, 2024
Judge Slams Gov't For Resisting LA Campus Housing Orders
A California federal judge has told the federal government that it can't "resist accountability," rejecting a bid to stay court-ordered construction of housing for military veterans on a Los Angeles campus.
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November 14, 2024
GAO Tosses Challenge To $4M Sole-Sourced Parts Deal
The U.S. Government Accountability Office has denied a protest brought by a Connecticut helicopter parts maker that claimed the Defense Logistics Agency wrongly sourced a $4 million purchase of parts from a rival, saying a contract vindicated the agency's actions.
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November 14, 2024
Soldier Wants 4th Circ. Redo In Fluor Bombing Case
An American soldier who was left with multiple neurological disabilities after a suicide bombing at Bagram Airfield in Afghanistan called for a rehearing on the Fourth Circuit's split panel decision not to revive his tort claims against Fluor Corp., the contractor who hired the bomber to work the airfield.
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November 14, 2024
Mass. Justices Open Show-Cause Hearings In Brothel Case
Massachusetts' highest court said Thursday that the public may access hearings that will determine whether criminal charges will be brought against as-yet unidentified customers of a high-end brothel, a group that potentially includes public officials, corporate executives and individuals with security clearances.
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November 13, 2024
Transport Co. Wants To End Calif. Family Separation Suit
Transportation services provider MVM Inc. urged a California federal judge to toss a proposed class action by a father and son who were separated after crossing the border, arguing Tuesday the Trump-era separation policy was enacted by the U.S. government, and that MVM was simply executing its contractual duties.
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November 13, 2024
Colo. Hospital System To Settle ER Billing Claims For $23M
University of Colorado Health has agreed to pay $23 million to settle a lawsuit alleging the hospital system was submitting false claims to federal health care programs, U.S. Department of Justice officials announced Tuesday.
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November 13, 2024
Claims Court Denies 'Creative' Bid For Losing Protester's Fees
A government contractor fronted by former Pittsburgh Steeler Rocky Bleier was "creative" in its request for attorney fees following its failed bid protest over a $14.7 million VA contract, but the U.S. Court of Federal Claims rejected the request in an order unsealed this week.
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November 13, 2024
GAO Snubs Co.'s Protest Of Air Force Order Awarded Rival
The U.S. Government Accountability Office has rebuffed an Ohio company's protest of a U.S. Air Force task order being awarded to a competitor, finding that the information technology, engineering and professional services company has provided insufficient documentation to support its proposal.
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November 13, 2024
Madigan's Atty Seeks To Discredit Key Government Witness
The cross-examination of a former ComEd executive who wore a wire for the government as it built its corruption case against ex-Illinois House Speaker Michael Madigan veered Wednesday into the informant's messy divorce proceedings and his failure to disclose felony charges when trying to buy a gun to kill snakes, as Madigan's attorneys tried to call his credibility into question.
Expert Analysis
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Opinion
Judicial Committee Best Venue For Litigation Funding Rules
The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.
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The Strategic Advantages Of Appointing A Law Firm CEO
The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.
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Why Diversity Jurisdiction Poses Investment Fund Hurdles
Federal courts' continued application of the exacting rules of diversity jurisdiction presents particular challenges for investment funds, and in the absence of any near-term reform, those who manage such funds should take action to avoid diversity jurisdiction pitfalls, say attorneys at Sher Tremonte.
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Comments Show Need For Clarity On SBA Proposed Rule
The recent public comments period for the Small Business Administration's proposed rule on recertification and other regulations underscores the need for more precision, particularly on agreements in principle, which the SBA should address as it moves forward with this rulemaking, say attorneys at Covington.
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Series
Beekeeping Makes Me A Better Lawyer
The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.
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GAO Decision Offers Insights On Verifying TAA Compliance
The U.S. Government Accountability Office's August decision in Matter of: HPI Federal LLC serves as a reminder of the importance of verifying Trade Agreements Act compliance — and of understanding the parameters of an agency's acceptance of an offeror's TAA representation, say Amy Hoang and Sarah Barney at Seyfarth.
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3 Takeaways From Navy Shipbuilder's Fraud Guilty Plea
Austal USA’s recent plea agreement over accounting fraud charges highlights for other companies the benefits of cooperating with government investigations, the challenges posed by senior executives’ involvement in misconduct, and the high stakes for defense contractors, say Michael DeBernardis and Shayda Vance at Hughes Hubbard.
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Opinion
Legal Institutions Must Warn Against Phony Election Suits
With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Series
Home Canning Makes Me A Better Lawyer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.
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Next Steps For FCA Defendants After Fla. Qui Tam Ruling
Because a Florida federal court's recent decision in Zafirov v. Florida Medical Associates could eventually prove to be a watershed event for False Claims Act suits, defendants should consider potential next steps to ensure that their litigation benefits from the court's reasoning and further developments, says Scott Gallisdorfer at Bass Berry.
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Compliance Pointers For Amended Pa. Data Breach Law
Recent updates to the Pennsylvania Breach of Personal Information Notification Act include a requirement that organizations alert the state's attorney general of certain consumer data breach notifications, and several incident response and cybersecurity considerations will be necessary to ensure compliance, say Matthew Meade and Laura Decker at Eckert Seamans.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.
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Perspectives
The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.