Government Contracts

  • February 20, 2024

    Fox Rothschild AI Chief Talks 'Terrifying' Deepfakes, Biased AI

    Mark McCreary, the chief artificial intelligence and information security officer at Fox Rothschild, leads his firm's internal AI strategy and provides counsel to other law firms trying to bushwhack their path through the often murky AI legal landscape, rife with hallucinated case law citations and disturbingly real deepfakes.

  • February 16, 2024

    4th Circ. Won't Rethink Overturning Bid-Rigging Conviction

    The Fourth Circuit declined to reconsider a panel ruling that overturned a former Contech executive's bid-rigging conviction, despite the U.S. Department of Justice's contention that the decision flouts long-standing precedent.

  • February 16, 2024

    Nat'l Security Bar Kills Ex-Raytheon Worker's Retaliation Suit

    The Fifth Circuit on Thursday refused to revive an engineer's claims that he was fired by defense contractor Raytheon for raising concerns about a naval system, saying that reviewing the case would implicate the Pentagon's protected decision to revoke his security clearance.

  • February 16, 2024

    You Want Judge Reyna To Have Coffee With Your Brief

    U.S. Circuit Judge Jimmie V. Reyna on Friday told intellectual property attorneys that the best way to establish credibility at the Federal Circuit is through a well-written brief, saying otherwise they put him in a bad position and deprive him of coffee.

  • February 16, 2024

    ​​4th Circ. Revives COVID Benefits Class Action Against BofA

    The Fourth Circuit on Friday resurrected a proposed class action brought by a recipient of government COVID-19 assistance that alleges Bank of America didn't protect his unemployment benefits, reasoning the bank account was subject to a federal law that guards government benefits.

  • February 16, 2024

    Ape Farm Says Ga. Officials Monkeying With $300M Bond Deal

    The company behind a proposed — and highly controversial — 1.75 million-square-foot monkey rearing facility in southwest Georgia has taken its fight against local officials to federal court, accusing a development authority of trying amid public outcry to back out of a $300 million bond deal to finance the project.

  • February 16, 2024

    NJ Comptroller Gets Win In Suit Seeking To Block Subpoena

    A federal judge on Thursday tossed a suit from the CEO of a police training company alleging a subpoena from the New Jersey Office of the State Comptroller, or OSC, for his video testimony was retaliatory, ruling that the federal suit makes the same arguments that were already rejected in state court.

  • February 16, 2024

    Telemedicine Exec Admits $110M Medicare Fraud Scheme

    A Florida man agreed to plead guilty to orchestrating a $110 million Medicare fraud scheme using telemedicine and telemarketing companies to generate falsified orders for knee braces and other medical equipment, Boston federal prosecutors said Friday.

  • February 15, 2024

    GAO Rejects Protests Against ICE Air Charter Deal

    The U.S. Government Accountability Office denied two protests related to the U.S. Immigration and Customs Enforcement solicitation for air charter services for transportation of noncitizens in federal custody, according to two decisions published Thursday.

  • February 15, 2024

    Ex-ArentFox Client Tentatively Denied Conflict Case Discovery

    A California state judge tentatively ruled on Thursday that government contractor Peraton Corp. cannot get discovery for ArentFox Schiff's work for a business rival around the time it represented Peraton, saying since the discovery bid relates to an arbitration provision in Peraton's retainer, what happened after it was inked is irrelevant.

  • February 15, 2024

    House Committee Blasts VA, Oracle For E-Record Failures

    Lawmakers on Thursday rebuked the U.S. Department of Veterans Affairs and Oracle Corp. for inadequate fixes to electronic medical records systems that they say continue to threaten the health and safety of thousands of veterans, who are not being advised of the risk.

  • February 15, 2024

    Conn. Justice Calls Marriott Lien Fight 'An Embarrassment'

    A "bizarre" appeal that seeks the discharge of a sewer assessment lien on a Marriott hotel property is "a waste of everybody's time," a Connecticut Supreme Court justice said Thursday amid oral argument.

  • February 15, 2024

    DOI Inks Klamath Basin Agreement With Tribes, Water Users

    The U.S. Department of the Interior said it has struck an agreement that will see water users and tribes work together in a push to improve the environment and water supplies in the drought-prone Klamath River Basin of southern Oregon and northern California, pledging $72 million for projects.

  • February 15, 2024

    Lincare To Pay $25.5M To Settle FCA, Anti-Kickback Litigation

    Lincare Inc. has agreed to pay about $25.5 million as part of a settlement with the Department of Justice and others resolving litigation over allegations it violated the False Claims Act and Anti-Kickback Statute by mishandling the rental of respiratory equipment to patients.

  • February 15, 2024

    GSA Probed For Buying Banned Chinese Conferencing Cams

    The House Oversight Committee's Subcommittee on Cybersecurity, Information Technology, and Government Innovation is probing the General Services Administration's purchase of videoconference cameras made in China following a recent report by the GSA's internal watchdog the subcommittee said raised alarming questions.

  • February 15, 2024

    Fed. Circ. Says Feds Didn't Coerce Mont. Coal Permit Denial

    The Federal Circuit on Thursday said the Court of Federal Claims correctly threw out a coal leaser's suit alleging the federal government prevented it from acquiring necessary state operating permits, saying the company has failed to establish Montana was coerced into denying the permits.

  • February 15, 2024

    La. Co. Fails To Prove Army Misled In $14M Canal Fix Deal

    A New Orleans contractor can't get cost adjustments on a $14.6 million deal with the U.S. Army Corps of Engineers to remediate canal erosion, after a dispute resolution board found no difference between the contract's description of the site and actual site conditions.

  • February 14, 2024

    What's Left Of Judge Newman's DC Suit Likely Won't Go Far

    A D.C. federal judge may be allowing suspended U.S. Circuit Judge Pauline Newman to pursue a handful of arguments over the constitutionality of the Judicial Conduct and Disability Act, but attorneys told Law360 they aren't convinced those claims will fare any better than those already dismissed by the court.

  • February 14, 2024

    FCC Must Distribute School IT Funds, Tech Firms Tell DC Circ.

    Two tech companies are calling on the D.C. Circuit to force the Federal Communications Commission to release funds to pay for information technology and broadband services the firms provide in elementary and secondary schools around the country.

  • February 14, 2024

    GOP Senator Wants Confirmation Hearing On Labor Secretary

    Sen. Bill Cassidy, R-La., called on the Senate Committee on Health, Education, Labor and Pensions to hold another hearing on the nomination of Julie Su to the position of secretary of labor, arguing that Su's record as acting secretary deserves public scrutiny.

  • February 14, 2024

    'Vague' Offer Fails To Win Feds Another Try At $103.5M IT Deal

    A Court of Federal Claims judge rejected the Federal Trade Commission's bid to revisit a challenged $103.5 million information technology deal, saying the agency didn't justify going back on its agreement to pause the contract while the case is resolved.

  • February 14, 2024

    'Post Hoc' Args Doom Army Defense Of $11.5M Enviro Fix Deal

    The U.S. Government Accountability Office has sustained a Florida construction company's protest of an $11.5 million environmental remediation services deal for the U.S. Army Corps of Engineers, backing the company's claim the agency made unreasonable adjustments to its proposed cost.

  • February 14, 2024

    DOD Boosts Domestic Content Requirements For Contractors

    The U.S. Department of Defense finalized a rule Wednesday implementing the Biden's administration's increased domestic content requirements into its acquisition regulations, including DOD-specific requirements such as exceptions for countries in mutual defense trade deals with the U.S.

  • February 14, 2024

    Feds, Power Line Developer Decry Tribes' Suit As 'Too Late'

    The federal government and SunZia Transmission LLC, the developer of a 550-mile power line, urged an Arizona federal judge Tuesday to deny a request from tribes and conservations groups for a preliminary injunction halting the project's construction, saying they waited too long to make their challenge.

  • February 14, 2024

    Pentagon Rule Aims To Cut Iranian Fuel From Overseas Ops

    A proposed rule posted Wednesday by the U.S. Department of Defense would put contractors on the hook to prove that fuel they provide for military operations overseas was not sourced from prohibited countries such as Iran.

Expert Analysis

  • Preparing For DOJ's Data Analytics Push In FCPA Cases

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    After the U.S. Department of Justice’s recent announcement that it will leverage data analytics in Foreign Corrupt Practice Act investigations and prosecutions, companies will need to develop a compliance strategy that likewise implements data analytics to get ahead of enforcement risks, say attorneys at Cozen O'Connor.

  • Considering The Logical Extremes Of Your Legal Argument

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    Recent oral arguments in the federal election interference case against former President Donald Trump highlighted the age-old technique of extending an argument to its logical limit — a principle that is still important for attorneys to consider in preparing their cases, says Reuben Guttman at Guttman Buschner.

  • How 3 New Laws Change Calif. Nonprofits' Legal Landscape

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    Legislation that went into effect on Jan. 1 should be welcomed by California’s nonprofit organizations, which may now receive funding more quickly, rectify past noncompliance more easily and have greater access to the states’ security funding program, say Casey Williams and Brett Overby at Liebert Cassidy.

  • ChristianaCare Settlement Reveals FCA Pitfalls For Hospitals

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    ChristianaCare's False Claims Act settlement in December is the first one based on a hospital allegedly providing private physicians with free services in the form of hospital-employed clinicians and provides important compliance lessons as the government ramps up scrutiny of compensation arrangements, say attorneys at Sheppard Mullin.

  • Series

    Coaching High School Wrestling Makes Me A Better Lawyer

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    Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.

  • Freight Forwarders And Common Carriers: Know Your Cargo

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    Freight forwarders and other nonprincipal parties involved in global cargo movement should follow the guidance in the multi-agency know-your-cargo compliance note to avoid enforcement actions should they fail to spot evasive tactics used in supply chains to circumvent U.S. sanctions and export controls, say attorneys at Venable.

  • SG's Office Is Case Study To Help Close Legal Gender Gap

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    As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.

  • Opinion

    The PLUS Act Is The Best Choice For Veterans

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    Of two currently pending federal legislative proposals, the Preserving Lawful Utilization of Services Act's plan to diversify and expedite the processing of veterans' claims through an expanded network of accredited providers offers the better solution, say Michael Andrews at McGuireWoods and Matthew Feehan at Nearside Solutions.

  • Skirting Anti-Kickback Causation Standard Amid Circuit Split

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    Amid the federal circuit court split over the causation standard applicable to False Claims Act cases involving Anti-Kickback Statute violations, which the First Circuit will soon consider in U.S. v. Regeneron, litigators aiming to circumvent the heightened standard should contemplate certain strategies, say Matthew Modafferi and Terence Park at Frier Levitt.

  • What New Calif. Strike Force Means For White Collar Crimes

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    The recently announced Central District of California strike force targeting complex corporate and securities fraud — following the Northern District of California's model — combines experienced prosecutorial leadership and partnerships with federal agencies like the IRS and FBI, and could result in an uptick in the number of cases and speed of proceedings, say attorneys at MoFo.

  • Bid Protest Spotlight: Standing And A Golden Rule

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    In this month's bid protest roundup, Victoria Angle at MoFo examines one recent decision that clarifies the elements necessary to establish prejudice and federal claims court standing in multiphase protests, and two that exemplify a government procurements golden rule.

  • Reimagining Law Firm Culture To Break The Cycle Of Burnout

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    While attorney burnout remains a perennial issue in the legal profession, shifting post-pandemic expectations mean that law firms must adapt their office cultures to retain talent, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • Grant Compliance Takeaways From Ga. Tech's FCA Settlement

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    Georgia Tech’s recent False Claims Act settlement over its failure to detect compliance shortcomings in a grant program was unique in that it involved a voluntary repayment of funds prior to the resolution, offering a few key lessons for universities receiving research funding from the government, says Jonathan Porter at Husch Blackwell.

  • Series

    Competing In Dressage Makes Me A Better Lawyer

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    My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.

  • ASBCA Ruling May Pave Way For Pandemic-Related Claims

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    The Armed Services Board of Contract Appeals’ recent decision that the government failed to meet its evidentiary burden when it sought dismissal under the sovereign acts doctrine offers hope to contractors and subcontractors that faced performance challenges resulting from the COVID-19 pandemic, say Edward Arnold and Zachary Jacobson at Seyfarth.

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