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Government Contracts
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September 23, 2024
Judge Grants Ex-Admiral, Contractors Separate Bribery Trials
The Washington, D.C., federal court agreed on Monday to sever a retired Navy admiral's bribery trial from that of the defense contractors he is accused of steering federal contracts toward.
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September 23, 2024
PDVSA Can't Escape Oklahoma Co.'s Expropriation Suit
A D.C. federal judge has ruled that Venezuela's state-owned oil company must face an Oklahoma-based petroleum contract drilling company's lawsuit after its drilling rigs in the country were seized at gunpoint more than a decade ago, saying the drilling company had shown its assets were illegally expropriated.
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September 23, 2024
Helicopter Co. Used Code Names To Oust Supplier, Jury Hears
Under the code name "Project Cicada," Fort Worth-based Bell Helicopter Textron Inc. worked for years to replace California-based digital avionics equipment supplier Rogerson Aircraft Corporation with a competitor, a jury heard in a Texas state court Monday, using Rogerson's trade secrets to prep the rival for the eventual shift.
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September 23, 2024
States, Enviros Urge USPS Vehicle Plan Challenge To Proceed
States and environmentalists have pushed back against the U.S. Postal Service and Oshkosh Defense's efforts to end a lawsuit alleging the USPS' multibillion-dollar delivery vehicle acquisition plan violates environmental law, saying the plan was inadequate and would harm them.
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September 23, 2024
Wash. Agency No Longer Seeking Names In 3M Earplug Case
The Washington state agency that handles child support claims seems no longer interested in seeking information on service members who are expected to receive payments from the 6 billion settlement from 3M Co. over injuries stemming from its Combat Arms Earplugs.
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September 23, 2024
Bio Lab Settles Conn. False-Claims Allegations For $1.73M
Enzo Biochem Inc. and subsidiary Enzo Clinical Labs Inc. will pay nearly $1.73 million to settle accusations that the companies' former Farmingdale, New York, laboratory billed higher rates to the state of Connecticut's Medicaid coffers than it billed to other payers, the state attorney general announced Monday.
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September 23, 2024
Migrant Youth Facility Moves To Ax DOJ's Sex Abuse Suit
Southwest Key asked a Texas federal judge to end the government's suit alleging it failed to protect migrant children from sexual abuse by staffers in violation of the Fair Housing Act, arguing Monday there are different regulations addressing and preventing such misconduct in shelter care facilities that don't include the FHA.
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September 23, 2024
Ex-Conn. Police Chief Demands Atty Fees After Winning Suit
The former chief of police in Newington, Connecticut, is demanding attorney fees after a state court judge dismissed him from a defamation lawsuit brought by the onetime town attorney and other ex-officials, which arose from ethics complaints that the plaintiffs say were full of lies.
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September 20, 2024
GAO Rejects Loper Bright Argument In Army Deal Dispute
The U.S. Government Accountability Office ruled that the U.S. Army could require bidders to recertify their small business status when bidding on a set-aside task order, saying the recent overturning of Chevron deference didn't make the Army's interpretation of a related rule unreasonable.
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September 20, 2024
Army Could Restore Bidder Eligibility For $42M Logistics Deal
The U.S. Government Accountability Office has rejected a protest over the U.S. Army reinstating the eventual awardee of a $42.3 million logistics support deal after initially finding the company's bid unacceptable, saying the Army's discussions with the awardee were reasonable.
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September 20, 2024
Healthcare Co. Slams IHS Action On $13M ER Staffing Deal
A healthcare staffing company is challenging in the U.S. Court of Federal Claims a proposed corrective action by the Indian Health Service on a $13.3 million task order for staffing services at the emergency room of the Pine Ridge Hospital in South Dakota.
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September 20, 2024
Judge Says $116M CIA Deal Protest Is Pot Calling Kettle Black
A contractor protesting the CIA's grant of a $115.8 million deal to a competitor is essentially throwing stones from its glass house, a claims court judge said, finding that both businesses broke the same rules in their proposals.
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September 20, 2024
Taxation With Representation: Gibson Dunn, Holland & Knight
In this week's Taxation With Representation, CACI International buys Azure Summit Technology, Hotel Engine lands a valuation led by Permira, and Knowles Corp. sells its microphone business to Syntiant Corp.
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September 20, 2024
DOE Picks 25 Battery Projects For $3B Of Awards
The U.S. Department of Energy on Friday said it has selected 25 projects across 14 states for negotiations for $3 billion of federal funding aimed at boosting the domestic production and recycling of batteries and key materials.
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September 20, 2024
Green Groups Can't Bar Housing Project, SC Judge Says
A South Carolina federal judge on Thursday denied conservation groups' push to block a 9,000-unit housing development on the Cainhoy Peninsula near Charleston, ruling they've not shown they're likely to succeed in a case challenging federal reviews and approvals.
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September 19, 2024
GAO Says ICE Wrongly Excluded Co. Over Registration Lapse
The U.S. Government Accountability Office has backed a protest from a company that lost a U.S. Immigration and Customs Enforcement medical services task order over a temporary federal database registration lapse, saying ICE had not mandated continuous registration.
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September 19, 2024
Judge Blocks Manhattan Project Waste From Mich. Landfill
A state judge barred a southeast Michigan landfill from accepting shipments of radiological material Wednesday, issuing a temporary restraining order days after surrounding communities sued over planned deliveries of contaminated soil and debris left over from the development of the first atomic bomb.
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September 19, 2024
Quinn Emanuel Challenges Oro Negro Execs' Discovery Bid
Quinn Emanuel Urquhart & Sullivan LLP is pushing back against a bid for firm documents from its former client, Oro Negro Drilling Pte. Ltd., saying the company that provides oil services in Mexico and its subsidiaries are "weaponizing" the firm's party status to gain a tactical advantage in related legal battles.
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September 19, 2024
Ex-La. Assistant DA Indicted In Bribery, Laundering Case
A former assistant district attorney in Lafayette, Louisiana, has been indicted on allegations he conspired to solicit kickbacks and accept bribes while overseeing the 15th Judicial District Attorney's Office's pretrial intervention program.
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September 19, 2024
Tax Or Fee, Utility Rates Beyond Review, Ga. Justices Hear
A Georgia city told the state Supreme Court on Thursday that its use of utility fees to bolster city coffers was not an illegal tax, despite a sports bar owner's claims to the contrary, and that a trial court rightly said it could not decide the matter.
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September 19, 2024
Quinn Emanuel Role Must Face Scrutiny, Djibouti Tells DC Circ.
The Republic of Djibouti has told the D.C. Circuit that there is no need to take a second look at a panel's July opinion that sent a dispute involving a $470 million-plus arbitral award back to the trial court to determine whether Quinn Emanuel Urquhart & Sullivan LLP had authority to represent a port operator in a long-running legal battle.
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September 18, 2024
CVS Unit Pays $60M Over Alleged Insurance Kickback Scheme
CVS Health subsidiary Oak Street will pay $60 million to settle allegations it violated the False Claims Act by paying illegal kickbacks to third-party insurers in return for scouting and inducing Medicare and Medicaid beneficiaries to enroll in its primary care clinics, the U.S. Department of Justice announced Wednesday.
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September 18, 2024
7th Circ. Questions Nixing $183M Eli Lilly Drug Rebate Verdict
A Seventh Circuit judge seemed unsure Wednesday whether to disturb a $183 million verdict against Eli Lilly in a false claims case targeting more than a decade of drug rebate miscalculations, questioning whether the company skipped checking legal guidance before calling its price reporting requirements unclear.
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September 18, 2024
Feds Say Afghan Allies Can't Sue Over Kids' Visa Denials
The U.S. Department of Homeland Security urged a Virginia federal judge to toss a suit from Afghan allies who claim their children's visa applications were arbitrarily denied, saying the suit has no legal leg to stand on.
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September 18, 2024
House Rejects 6-Month Federal Funding Bill
The U.S. House of Representatives on Wednesday rejected a continuing resolution funding the federal government for six months, after a veto threat from President Joe Biden over the bill's funding levels and a contentious clause requiring citizenship checks for voter registration.
Expert Analysis
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Adopting 7 Principles May Improve Voluntary Carbon Markets
The Biden administration's recently issued joint policy statement on improving the integrity of voluntary carbon markets may help companies using carbon credits to offset their emissions withstand scrutiny by government agencies, the public and investors, say attorneys at Morgan Lewis.
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5 Steps For Gov't Contractor Affirmative Action Verification
As the federal contractor affirmative action program certification deadline approaches, government contractors and subcontractors should take steps to determine their program obligations, and ensure any required plans are properly implemented and timely registered, say Christopher Wilkinson at Perkins Coie and Joanna Colosimo at DCI Consulting.
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Series
Fishing Makes Me A Better Lawyer
Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge at Robinson Bradshaw.
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A Healthier Legal Industry Starts With Emotional Intelligence
The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.
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To Make Your Legal Writing Clear, Emulate A Master Chef
To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.
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Circuit Judge Writes An Opinion, AI Helps: What Now?
Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.
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National Security And The Commercial Space Sector: Part 2
Strategy documents recently published by the U.S. Department of Defense and the U.S. Space Force confirm the importance of the commercial space sector to the DOD, but say little about achieving the institutional changes needed to integrate commercial capabilities in support of national security in space, say Jeff Chiow and Skip Smith at Greenberg Traurig.
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National Security And The Commercial Space Sector: Part 1
The recently published U.S. Department of Defense space strategy represents a recalibration in agency thinking, signaling that the integration of commercial space capabilities has become a necessity and offering guidance for removing structural, procedural and cultural barriers to commercial-sector collaboration, say Jeff Chiow and Skip Smith at Greenberg Traurig.
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Perspectives
Trauma-Informed Legal Approaches For Pro Bono Attorneys
As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.
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Series
Playing Music Makes Me A Better Lawyer
My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.
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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.