Government Contracts

  • January 13, 2025

    Justices Won't Hear Farm's Bid To Retake Denver Airport Land

    The U.S. Supreme Court on Monday declined to hear a Colorado farm company's petition arguing Denver can't hold onto land originally seized for the Denver International Airport now that the city plans to build a private commercial complex on the property.

  • January 13, 2025

    Justices Won't Review Biden's Contractor Wage Hike

    The U.S. Supreme Court won't review President Joe Biden's authority to raise the minimum wage for federal contract workers, the high court said Monday, shutting down a bid to overturn a Tenth Circuit decision.

  • January 10, 2025

    4 Lessons For Contractors From The Bitmanagement Saga

    A software company's damages award of just $150,000 after years of litigation over the U.S. Navy violating a licensing deal offers several lessons for federal software contractors about carefully negotiating contractual terms and making sure they can adequately enforce those terms.

  • January 10, 2025

    CACI Denied New Trial Over Abu Ghraib Torture

    The defense contractor found liable for conspiring with the U.S. military to torture inmates at the Abu Ghraib military prison said it would appeal to the Fourth Circuit after a Virginia federal judge Friday ruled the company won't get a third crack at trial.

  • January 10, 2025

    Tech Co., Feds Seek Wins In Commercial Item Preference Row

    A tech company is asking a federal judge to block the Centers for Medicare and Medicaid Services from proceeding with solicitations that stand to replace so-called batCAVE and Signal software it developed that is already providing the desired functionality.

  • January 10, 2025

    FAR Council Pulls Proposed GHG Emissions Disclosure Rule

    The Federal Acquisition Regulatory Council on Friday withdrew a pending rule that aimed to require "major" federal contractors to publicly disclose their greenhouse gas emissions and to set emissions reduction targets, saying the Biden administration lacks sufficient time to finalize the proposal.

  • January 10, 2025

    9th Circ. Affirms Hearing Aid Co.'s Win Over Investor Suit

    The Ninth Circuit on Friday handed a win to Eargo Inc. and affirmed the dismissal of a securities class action against the hearing aid company, which alleged that the company and its top brass acted with intent to commit insurance billing fraud.

  • January 10, 2025

    NJ Mayor Cops To Using Town Employees to Run Private Biz

    A longtime New Jersey mayor is barred from ever holding public office or employment again after he admitted Friday to using township employees to help run a private business out of his mayoral office, New Jersey Attorney General Matthew J. Platkin announced.

  • January 09, 2025

    Other Bidders Can Intervene In Army Contract Protest

    The U.S. Court of Federal Claims rejected an effort by Red River Science & Technology LLC to stop other bidders from intervening in its protest over the U.S. Army's decision to reopen contract-related discussions.

  • January 09, 2025

    Asphalt Exec Latest To Plead Guilty In Bid-Rigging Scheme

    A metro Detroit asphalt executive pled guilty Wednesday for his role in a conspiracy to rig bids for paving jobs in Michigan, the latest plea in the government's sprawling investigation into multiple companies and their leaders for a scheme that resulted in millions of dollars' worth of rigged contracts.

  • January 09, 2025

    DOD Says Chinese Military Co. Listing For Lidar Firm Is Legit

    The U.S. Department of Defense is urging a D.C. federal judge to back its decision to include Shanghai-based lidar manufacturer Hesai Technology Co. Ltd. on a list of "Chinese military companies," a decision the company has called "riddled with sloppy mistakes."

  • January 09, 2025

    NASA Awards Calif. Co. $1.1B Engineering Support Contract

    NASA has selected California-based Columbus Technologies and Services Inc. to receive a five-year, up to $1.1 billion contract to provide electrical and electronic engineering support to the Goddard Space Flight Center in Greenbelt, Maryland.

  • January 09, 2025

    Mich. City Fights Pot Co.'s Bid To Stop Adult Use Licensing

    The city of Pontiac, Michigan, is asking a federal court to deny a bid from a would-be cannabis retailer to halt the city's process of issuing recreational use cannabis licenses, saying the company's claims are premature and likely to fail.

  • January 08, 2025

    Whistleblower Attys Get $8.7M In Academy Mortgage FCA Suit

    Counsel representing a whistleblower will receive $8.7 million in fees and expenses — less than requested — for their role in reaching a $38.5 million deal with Academy Mortgage in a suit accusing the company of submitting false claims, according to a newly public order.

  • January 08, 2025

    Sierra Nevada Corp. Conversion Can't Derail $991M Army Bid

    The U.S. Government Accountability Office has rejected a protest over a $991.3 million contract for the U.S. Army's HADES spy plane, saying the Army reasonably rejected L3Harris' bid while keeping awardee Sierra Nevada eligible despite a corporate name change.

  • January 08, 2025

    Bankrupt Ligado Sues Over $1.7B Cooperation Deal Breach

    Satellite communications company Ligado Networks accused a satellite service provider of breaching a $1.7 billion cooperation deal aimed at facilitating Ligado's terrestrial network operations by failing to upgrade its own satellite terminals and deliver portions of its spectrum.

  • January 08, 2025

    GAO Backs DHS Picking Low Bidder For $107M Support Deal

    A federal watchdog swatted down a company's challenge of a $107 million task order that the U.S. Department of Homeland Security issued to another business, rejecting arguments that the government failed to fairly evaluate its own proposal.

  • January 08, 2025

    ExamSoft Wants Bar Taker's $2M Software Crash Suit Canned

    ExamSoft has asked a Connecticut federal judge to dismiss a bar examinee's $2 million software crash lawsuit, saying her claims of disability-based discrimination fail because she did not allege the software "poses an imminent threat of harm or is currently inflicting harm."

  • January 07, 2025

    Feds Defend FCA Whistleblower Constitutionality At 11th Circ.

    The federal government has called on the Eleventh Circuit to uphold the constitutionality of the False Claims Act's whistleblower provisions, saying a Florida district court ruling otherwise is an "outlier" that goes against U.S. Supreme Court precedent.

  • January 07, 2025

    Conn. AG, Feds Reach 3rd Dentist Kickback Settlement

    A joint investigation by state and federal law enforcement has netted its third settlement with a Connecticut dentist accused of using illegal patient recruiting tactics to rip off Medicaid.

  • January 07, 2025

    Trade Orgs. Fight DOL's Bid To Ax Prevailing Wage Rule Suit

    Two construction groups pressed a Texas federal court to grant them a win in their challenge to the U.S. Department of Labor's final rule updating how prevailing wage rates are calculated under the Davis-Bacon Act, rejecting the department's argument that they couldn't sue.

  • January 07, 2025

    DOJ Revamps Process For Federal Real Estate Deals

    The U.S. Department of Justice has replaced "outdated provisions" that guided how federal agencies acquired real property with 10 new federal provisions that have the goal of "promoting government efficiency and saving taxpayer funds," the DOJ said Tuesday.

  • January 07, 2025

    Most Recent Detainees In ICE Custody Lack Criminal Record

    U.S. Immigration and Customs Enforcement detained 39,152 individuals as of late December, with over half of those detainees lacking any criminal record, and a fifth of the population are held in detention facilities in Mississippi, Texas, Georgia, Louisiana and California, a Syracuse University data research group said Tuesday.

  • January 07, 2025

    FAR Council Withdraws Proposed Contractor Pay Equity Rule

    The Federal Acquisition Regulatory Council announced Tuesday that it will withdraw a pending rule barring federal contractors from considering a job applicant's salary history, to focus on other priorities in the waning days of the Biden administration.

  • January 07, 2025

    Quinn Emanuel Says NAFTA Case Irrelevant In DQ Bid

    A Mexican oil company and its subsidiaries cannot add "undisputedly irrelevant" supplementary information about former counsel Quinn Emanuel amid a disqualification bid, the law firm has told a Miami federal court, arguing that the requested documents, including the dismissal of a NAFTA arbitration Quinn Emanuel brought against Mexico, are either unrelated to the underlying litigation or duplicative.

Expert Analysis

  • Del. Dispatch: Director Caremark Claims Need Extreme Facts

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    The Delaware Court of Chancery recently dismissed Caremark claims against the directors of Centene in Bricklayers Pension Fund of Western Pennsylvania v. Brinkley, indicating a high bar for a finding of the required element of bad faith for Caremark liability, and stressing the need to resist hindsight bias, say attorneys at Fried Frank.

  • Opinion

    Time To Reimagine The Novation Process For Gov't Contracts

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    The Federal Acquisition Regulatory Council, which recently extended a long-standing request for public comments on its novation procedures, should heed commenters' suggestions by implementing specific changes in its documentation requirements, thereby creating a more streamlined and practical novation process, say attorneys at Covington.

  • 3 Leadership Practices For A More Supportive Firm Culture

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    Traditional leadership styles frequently amplify the inherent pressures of legal work, but a few simple, time-neutral strategies can strengthen the skills and confidence of employees and foster a more collaborative culture, while supporting individual growth and contribution to organizational goals, says Benjamin Grimes at BKG Leadership.

  • How Justices' E-Rate Decision May Affect Scope Of FCA

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    The U.S. Supreme Court’s eventual decision in Wisconsin Bell v. U.S., determining whether reimbursements paid by the E-rate program are "claims" under the False Claims Act, may affect other federal programs that do not require payments to be made by the U.S. Department of the Treasury, says David Colapinto at Kohn Kohn.

  • E-Discovery Quarterly: Rulings On Hyperlinked Documents

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    Recent rulings show that counsel should engage in early discussions with clients regarding the potential of hyperlinked documents in electronically stored information, which will allow for more deliberate negotiation of any agreements regarding the scope of discovery, say attorneys at Sidley.

  • Loper Bright Limits Federal Agencies' Ability To Alter Course

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    The U.S. Supreme Court's recent decision to dismantle Chevron deference also effectively overrules its 2005 decision in National Cable & Telecommunications Association v. Brand X, greatly diminishing agencies' ability to change regulatory course from one administration to the next, says Steven Gordon at Holland & Knight.

  • What Cos. Should Note In DOJ's New Whistleblower Pilot

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    After the U.S. Department of Justice unveiled a new whistleblower pilot program last week — continuing its efforts to incentivize individual reporting of misconduct — companies should review the eligibility criteria, update their compliance programs and consider the risks and benefits of making their own self-disclosures, say attorneys at Skadden.

  • Motion To Transfer Venue Considerations For FCA Cases

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    Several recent decisions highlight the importance for practitioners of analyzing as early as possible whether a False Claims Act case warrants a change of venue, and understanding how courts weigh certain factors for defendants versus whistleblowers, say Ellen London at London & Stout, and Li Yu and Corey Lipton at DiCello Levitt.

  • Series

    After Chevron: New Lines Of Attack For FCA Defense Bar

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    Loper Bright has given defense counsel new avenues to overcome the False Claims Act elements of falsity and scienter, as any FCA claim based upon ambiguous statutory terms can no longer stand solely on agency regulations to establish the statute's meaning, which is itself necessary to satisfy the FCA's basic requirements, says Elisha Kobre at Bradley Arant.

  • Series

    Teaching Scuba Diving Makes Me A Better Lawyer

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    As a master scuba instructor, I’ve learned how to prepare for the unexpected, overcome fears and practice patience, and each of these skills – among the many others I’ve developed – has profoundly enhanced my work as a lawyer, says Ron Raether at Troutman Pepper.

  • SolarWinds Ruling Offers Cyber Incident Response Takeaways

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    The New York federal court's dismissal of all charges related to the 2019 Sunburst cyberattack is a devastating blow to the U.S. Securities and Exchange Commission's cybersecurity case against SolarWinds, but the well-reasoned opinion provides valuable lessons that may improve companies' defensive posture in the wake of a major cybersecurity incident, say attorneys at Troutman Pepper.

  • Lawyers Can Take Action To Honor The Voting Rights Act

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    As the Voting Rights Act reaches its 59th anniversary Tuesday, it must urgently be reinforced against recent efforts to dismantle voter protections, and lawyers can pitch in immediately by volunteering and taking on pro bono work to directly help safeguard the right to vote, says Anna Chu at We The Action.

  • PE Firms Should Prepare For Increased False Claims Scrutiny

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    The impact private equity firms may have over medical decisions and care is increasingly attracting potential liability under the False Claims Act and attention from states and the federal government, so investors should follow best practices including conducting due diligence both before and after acquisitions, say attorneys at K&L Gates.

  • Pros And Cons Of 2025 NDAA's Space Contracting Proposal

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    The introduction of a Commercial Augmentation Space Reserve fleet in the pending 2025 National Defense Authorization Act presents a significant opportunity for space and satellite companies — despite outstanding questions, and potential risks, for operators, say attorneys at Wiley.

  • 3 Healthcare FCA Deals Provide Self-Disclosure Takeaways

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    Several civil False Claims Act settlements of alleged healthcare fraud violations over the past year demonstrate that healthcare providers may benefit substantially from voluntarily disclosing potential misconduct to both the U.S. Department of Justice and the U.S. Department of Health and Human Services, say Brian Albritton and Raquel Ramirez Jefferson at Phelps Dunbar.

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