Government Contracts

November 01, 2024
Boeing Supplier Should Win Texas Probe Suit, Judge Says

A magistrate judge on Friday recommended a Texas federal judge grant Spirit AeroSystems Inc.'s bid to permanently enjoin a Texas statute requiring businesses to immediately comply with the state's demand to examine business records, saying the statute is unconstitutional.
November 01, 2024
Elevance Says Flawed Medicare Rating System Cost It $375M

Elevance Health Inc. has hit the Biden administration with a $375 million lawsuit in Texas federal court after the government slashed star ratings for its Medicare Advantage and Part D health plan contracts in the latest of multiple lawsuits by insurance companies challenging the government's rating system.
November 01, 2024
Suit Calls School Lunch Pay Processors Junk Fee 'Bullies'

Three parents filed a proposed class action in New Jersey federal court alleging consumer fraud against a major school lunch payment processor, saying it has misrepresented the purpose of the "junk fees" it charges for electronic transactions that are imposed on families mostly just for profit.
November 01, 2024
4th Circ. Raises Arbitral Finality In Kuwaiti Contractor Case

A Fourth Circuit panel appeared unlikely on Friday to disturb a ruling enforcing an approximately $8 million arbitral award against a Kuwaiti construction company based on an argument that the lower court wrongly interpreted a statutory deadline.
November 01, 2024
Colo. To Boost Services To End Feds' ADA Discrimination Suit

Colorado has agreed to implement new housing and support practices to ensure adults with physical disabilities have adequate help to leave nursing facilities and receive services in their own homes, as part of a settlement announced Friday to end a U.S. Department of Justice lawsuit.
November 01, 2024
Health Data Co. Urges 4th Circ. To Keep Access Open

Nursing home data analytics company Real Time Medical Systems urged the Fourth Circuit on Friday to keep in place an order that stops electronic medical records company PointClickCare from using unsolvable captcha prompts to block access to patient records.
November 01, 2024
Ga. Judge Won't Fast Track GOP Poll Worker Suit

A Georgia judge refused Friday to consider a lawsuit alleging Fulton County's election director wrongly denied Republicans' efforts to place poll workers for the November election because there are issues of fact that must be considered by a jury during the next term of court.
November 01, 2024
Medisca Inks $22M FCA Deal Over Ingredient Pricing Scheme

Pharmaceutical chemical supplier Medisca Inc. has agreed to pay $21.75 million to resolve allegations it created false and inflated average wholesale prices for ingredients used in compound prescriptions sold to pharmacies that increased reimbursement and caused federal healthcare programs to pay more for them, the U.S. Department of Justice announced on Friday.
November 01, 2024
GAO Sides With Navy Analysis Of Construction Deal Winners

The U.S. Government Accountability Office rejected three companies' protests that the Navy should've chosen them for a construction deal, finding that the Navy was not obligated to assess the price feasibility of the winning competitors.
November 01, 2024
Treasury Expands Foreign Land Transaction Authority

The U.S. Department of the Treasury announced Friday that it has added 59 new military installations to the list of those over which it has jurisdiction to review any nearby real estate transactions involving foreign citizens.
November 01, 2024
Up Next At High Court: Fed Funds And Securities Risks

The U.S. Supreme Court will return to the bench Monday for its November arguments session, which will start off with a debate over whether the Federal Communications Commission telecom subsidy program involves federal funds subject to the False Claims Act, and on Tuesday how Medicare funding should be calculated for hospitals that serve large numbers of low-income patients.
November 01, 2024
2024 Election Could Be Crossroads For Clean Energy Funding

Election Day will present a multibillion-dollar fork in the road for the energy industry and its reliance on the federal government to help fund its decarbonization efforts, energy attorneys say.
November 01, 2024
Conn. Judge Hacks Up Ex-Town Atty's Defamation Suit

A Connecticut state court judge has dismissed all claims against the town of Newington and most claims against its tax assessor from a wide-ranging lawsuit brought by a group of former officials, including the former town attorney, who alleged that they were disparaged in a series of "false" ethics complaints and public comments.
November 01, 2024
Columbus Doctor Found Guilty In $1.5M Medicaid Scam

A Columbus, Ohio, doctor and his practice were found guilty of defrauding the state's Medicaid program out of $1.5 million through false reimbursement requests for medical equipment he was not actually purchasing, Ohio Attorney General Dave Yost announced.
October 31, 2024
Ex-Goldman Exec Says 1MDB Judge Thwarted His Defense

Former Goldman Sachs executive Roger Ng on Thursday told the Second Circuit that his trial defense over the massive $6.5 billion 1MDB scheme was marred by the wrongful exclusion of video evidence that supported his claim that $35 million he received in alleged kickbacks was actually investment proceeds.
October 31, 2024
Madigan Ally Set Up Work For Speaker's Fired Aide, Jury Told

An ex-lobbyist on trial alongside former Illinois House Speaker Michael Madigan made arrangements for a political operative that Madigan fired to receive monthly payments while he was unemployed, suggesting he enter into contracts with loyal lobbyists and write up reports on legislators "in case the IRS checks this out," a federal jury heard Thursday.
October 31, 2024
DOL Blocked From Using In-House Court In Hiring Bias Spat

A Texas federal judge temporarily blocked the U.S. Department of Labor from using its internal judge system to pursue administrative proceedings against a government contractor for allegedly discriminatory hiring practices, citing a recent U.S. Supreme Court decision that placed limitations on these in-house procedures.
October 31, 2024
Flint Water Case Paused For 'Advanced' Settlement Talks

Days after a jury trial meant to decide whether a water firm failed to properly warn of the dangers of the city of Flint's water was delayed a second time, a Michigan federal judge paused two bellwether cases because of "advanced settlement negotiations" between individual plaintiffs and the firm.
October 31, 2024
What DOJ's New National Security Obsession Means For Attys

The Justice Department’s emerging criminal crackdown on corporate national security violations is putting increased pressure on white collar lawyers to be conversant, if not experts, on opaque, complex and swiftly evolving regulations.
October 31, 2024
Defense Contractor, Ex-Exec Hit With Bribery Charges

Defense contractor Cask Technologies LLC and its former executive vice president have been charged in California federal court with bribing a former civilian official of the U.S. Navy in exchange for government contracts.
October 31, 2024
Mineral Co. Execs Allegedly Misled Investors On Gov't Contract

Current and former directors and officers of minerals producer Compass Minerals International Inc. face a shareholder derivative action alleging they hid signs the company wouldn't be able to renew a lucrative supplier relationship with the U.S. Forest Service.
October 31, 2024
GAO Upholds NASA's $98M Aircraft Engineering Support Deal

The U.S. Government Accountability Office has rejected a challenge from a Virginia engineering firm to a $98 million contract awarded to a rival company by NASA, disagreeing that the space agency had assessed bids improperly.
October 31, 2024
Suit Against Indicted NJ Power Broker Sent To Biz Court

A New Jersey state court on Wednesday granted indicted Garden State power broker George E. Norcross III's request to transfer the civil racketeering suit brought against him and his attorney brother by a Philadelphia developer to the state's complex business litigation program.
October 31, 2024
Pro Services Contract Nixes NJ Public Defender's Pension

A New Jersey appellate court backed the Public Employees' Retirement System board's finding that a former municipal public defender is ineligible to receive pension benefits from 2008 onward, ruling that there was enough evidence to show the attorney's services were procured through a professional services contract.
October 31, 2024
SBA Cries Foul On Globetrotters' $10M COVID Grant Suit

The U.S. Small Business Administration has defended its denial of a $10 million COVID-19 relief grant to the Harlem Globetrotters, telling a D.C. federal judge that it had no legal obligation to hand over the money to the basketball entertainment organization.

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

6 Steps To Ready Defense Contractors For Cybersecurity Rule

Following the U.S. Department of Defense's final rule establishing the Cybersecurity Maturity Model Certification program in federal regulations, Sandeep Kathuria at Ice Miller provides a refresher on CMMC and identifies best practices for defense contractors awaiting full implementation of CMMC.
A Novel Expansion Of Alien Tort Statute In 9th Circ.

The Ninth Circuit's Doe v. Cisco rehearing denial allows a new invocation of the Alien Tort Statute to proceed, which could capture the U.S. Supreme Court's attention, and has potentially dramatic consequences for U.S. companies doing business with foreign governments, say attorneys at Ropes & Gray.
Empathy In Mediation Offers A Soft Landing For Disputes

Experiencing a crash-landing on a recent flight underscored to me how much difference empathy makes in times of crisis or stress, including during mediation, says Eydith Kaufman at Alternative Resolution Centers.
Series

Being An Artist Makes Me A Better Lawyer

My work as an artist has highlighted how using creativity and precision together — qualities that are equally essential in both art and law — not only improves outcomes, but also leads to more innovative and thoughtful work, says Sarah La Pearl at Segal McCambridge.
How Judiciary Can Minimize AI Risks In Secondary Sources

Because courts’ standing orders on generative artificial intelligence and other safeguards do not address the risk of hallucinations in secondary source materials, the judiciary should consider enlisting legal publishers and database hosts to protect against AI-generated inaccuracies, say attorneys at Lankler Siffert & Wohl.
How Attorneys Can Break Free From Career Enmeshment

Ambitious attorneys can sometimes experience career enmeshment — when your sense of self-worth becomes unhealthily tangled up in your legal vocation — but taking the time to discover and realign with your core personal values can help you recover your identity, says Janna Koretz at Azimuth Psychological.
Suspension And Debarment: FY 2024 By The Numbers

The multiyear, downward trend in suspensions and debarments of government contractors continued in fiscal year 2024, largely fueled by a sharp decrease in exclusions of individuals — a welcome development that may indicate recognition that these actions can be more punitive than prophylactic, says David Robbins at Jenner & Block.
Lawyers With Disabilities Are Seeking Equity, Not Pity

Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.
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.
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.
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.
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.
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.
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.
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.