Government Contracts

November 28, 2023
Power Cos. Urge Claims Court To Revisit Offset Decision

Two power companies have asked the U.S. Court of Federal Claims to reconsider its ruling in two consolidated cases over the government's failure to dispose of spent nuclear fuel, saying the decision wrongly counted revenue from ratepayers as additional company profits.
November 28, 2023
2nd Circ. Revives Timed-Out Siemens False Claims Act Suit

The Second Circuit on Tuesday revived a whistleblower's years-old lawsuit against Siemens that alleged the manufacturing company had provided false certifications to the New York City Department of Environmental Protection, finding that a lower court improperly tossed the suit for procedural reasons surrounding service of his complaint.
November 28, 2023
Defense Contractor's Fraud Frees DLA Of Repayment Duty

The U.S. Armed Services Board of Contract Appeals freed the military from covering potentially hundreds of millions of dollars' worth of costs incurred by a food supplier that pled guilty to overcharging the military on a defense contract.
November 28, 2023
Feds Underpaid $281M In Support Costs, Ariz. Tribe Says

The Gila River Indian Community claims the U.S. Department of Health and Human Services and the Indian Health Service shortchanged it millions of dollars in funding for carrying out health care programs, and caused it more than a quarter-billion dollars in damages over four years.
November 28, 2023
Recovery Firm's Ukraine Contract Beef Too Old, 1st Circ. Says

The First Circuit has refused to revive an international asset recovery firm's long-standing dispute with the Ukrainian government over alleged unpaid work the firm did to uncover assets stolen by a former prime minister, saying most of the claims had expired.
November 28, 2023
Public Housing Tenant Sues NC Town Over Mold Infestation

A single mom of four is suing a small town in eastern North Carolina and a property management company on behalf of a proposed class of public housing residents who claim their apartments were overtaken by mold.
November 28, 2023
Panel Sends Case Involving 'Ancient' Doctrine To La. Justices

Louisiana's high court is the right venue to consider whether a unique, deeply rooted state legal doctrine lets a Chesapeake Energy unit take post-production costs off the top of revenues owed to owners of state-mandated oil and gas pools, according to a divided Fifth Circuit opinion.
November 28, 2023
Law Firm Leaders Cautiously Optimistic Heading Into 2024

Major U.S. law firms are steadfast in their commitment to the pursuit of further growth despite ongoing economic uncertainty. Here’s what the leaders of four Leaderboard firms have to say about how the legal industry is preparing for next year.
November 28, 2023
The 2023 Law360 Pulse Leaderboard

Check out the Law360 Pulse Leaderboard to see which first-in-class firms made the list this year.
November 27, 2023
US, UK Unveil Global Agreement For Securing AI Systems

Cybersecurity officials in the U.S. and U.K. on Monday rolled out first-of-their-kind guidelines, backed by more than a dozen other countries, that are intended to help ensure developers of artificial intelligence systems are building and deploying secure products.
November 27, 2023
Feds Accountable For BIA Officials' Actions, 9th Circ. Hears

Two Native American advocacy groups are urging a Ninth Circuit panel to overturn a Montana district court's ruling that the federal government isn't responsible for the actions of its Bureau of Indian Affairs officers, saying the prospect that the case is not suitable for torts litigation undermines the safety of Native American women.
November 27, 2023
State Dept. Urged To Improve Embassy Power Plant Planning

A U.S. Department of State watchdog has called on the agency to improve planning, contracting and oversight processes for its power plant projects amid ongoing performance issues with an $118 million project at the U.S. Embassy in Iraq.
November 27, 2023
Amicus Groups Tell High Court To End Chevron Deference

Six groups, including the Ohio Chamber of Commerce and several former state supreme court judges, filed friend-of-the-court briefs on Monday urging the U.S. Supreme Court to overturn a decades-old legal doctrine stating that courts must defer to federal agencies' interpretation of ambiguous laws.
November 27, 2023
Insurer Seeks $17.4M For Failed La. Dredging Projects

An insurer urged a Louisiana federal court Monday to award it over $17 million in damages following several dredging contractors' alleged abandonment of multiple public utility projects, arguing that the contractors failed to pay it back for bonds it issued under a 2014 indemnity agreement.
November 27, 2023
Regeneron False Claims Act Case Paused Amid Appeal

A Massachusetts federal judge has pressed pause on a False Claims Act case against Regeneron while the First Circuit decides whether his interpretation of the law's causation standard or that of his colleague in the same courthouse is correct.
November 27, 2023
Pa. Justices Say Construction Bid Fight Belongs To PennDOT

Pennsylvania may block a construction firm accused of underpaying its workers from bidding on new construction contracts, as the state's Supreme Court ruled that the company must first contest any debarment with the state Department of Transportation before filing suit.
November 27, 2023
Ex-Conn. GOP Press Aide Can't Sue Over Job Loss, Court Told

A former spokesperson for Connecticut's Republican lawmakers failed to follow the necessary process to sue her ex-employer for allegedly pushing her to leave her job, the state argued Monday in asking a superior court judge to dismiss allegations of constructive discharge.
November 27, 2023
Nurse Practitioner Pleads Guilty To $4M Medical Scheme

A nurse practitioner pled guilty Monday to taking part in a $4 million scheme to sell unnecessary durable medical equipment to Medicare beneficiaries.
November 27, 2023
Dems' Victory Lap: Michigan's Biggest Legislation Of 2023

Lansing's first Democratic majority in 40 years passed measures to bar discrimination, repealed a product-liability shield for pharmaceuticals and rolled back the previous decade of Republican labor policy. Law360 takes a look at some of the most impactful laws passed in Michigan this year.
November 24, 2023
UK Litigation Roundup: Here's What You Missed In London

The past week in London has seen Glencore face a claim from collapsed hedge fund Eton Park in the wake of its bribery scandal, the ex-CFO of Peppa Pig and Teletubbies toymaker bring data protection proceedings against the employment barrister who represented him at tribunal, and Delta Airlines check in to fresh trademark proceedings against hotel chain Marriott. Here, Law360 looks at these and other new claims in the U.K.
November 22, 2023
GAO Denies Consultant's Protest Of Navy Navigation Contract

The U.S. Government Accountability Office has denied a maritime consulting firm's challenge to a Navy contract award to a competitor, finding that since the firm didn't meet the criteria for receiving the award, its sole competitor was the Navy's only acceptable vendor for the award.
November 22, 2023
DISA Taps Agile Defense For Disputed $1B Testing Deal

After fending off several legal challenges to a $1 billion testing contract, the U.S. Defense Information Systems Agency has awarded Virginia IT firm, Agile Defense, with the support deal.
November 22, 2023
Archdiocese Says Other Ruling Backs Its Pre-K Funding Suit

The Roman Catholic Archdiocese of Denver and two of its parish preschools have urged a Colorado federal judge to free them from gender nondiscrimination requirements for preschools receiving state funding, citing another court's order temporarily barring the state from cutting off a Christian school from the program.
November 22, 2023
Feds Are Liable For BIA Officer's Actions, 9th Circ. Told

A Northern Cheyenne woman who was sexually assaulted on her Montana reservation by an on-duty Bureau of Indian Affairs officer is asking the Ninth Circuit to overturn a lower court's ruling that the federal government can't be held responsible for his actions, saying the determination makes it impossible for victims like herself to prevail.
November 22, 2023
Conn. Seeks Ax Of Rest Stop Co.'s Wage Suit Defenses

Connecticut asked a state trial court to toss a highway rest stop operator's series of special defenses in the state's case accusing it of failing to pay food service employees nearly $2.7 million in wages, arguing that the defenses are not legally recognized by state law.

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

The Case For Post-Bar Clerk Training Programs At Law Firms

In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.
Contracts Disputes Recap: Be Mindful Of Termination Clauses

Edward Arnold and Sarah Barney at Seyfarth examine three recent rulings — one from the U.S. Court of Federal Claims and two from the Armed Services Board of Contract Appeals — that highlight the termination clause as one of the most potent remedy-granting contract clauses.
2 HHS Warnings Highlight Anti-Kickback Risks For Physicians

Two recent advisory opinions issued by the U.S. Department of Health and Human Services' Office of Inspector General involve different scenarios and rationales, but together they illustrate the OIG's focus on and disapproval of contractual joint ventures and other revenue-maximizing physician arrangements, say Robert Threlkeld and Elliott Coward at Morris Manning.
Attorneys Have An Ethical Duty To Protect The Judiciary

The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.
Best Practices For Defense Tech Startup Financing

Navigating the expanding and highly regulated defense technology sector requires careful planning and execution, starting at incorporation, so startups should prepare for foreign investor issues, choose their funding wisely and manage their funds carefully, say attorneys at WilmerHale.
AI Can Help Lawyers Overcome The Programming Barrier

Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.
Looking For Defense Contract Appeal Trends In Annual Report

A deep dive into the Armed Services Board of Contract Appeals annual report for the 2023 fiscal year reveals increases in the number of cases filed, pending motions and expedited or accelerated cases, while the board disposed of fewer cases than in prior fiscal years, say Scott Flesch and Alexandra Prime at Miller & Chevalier.
Preparing Law Students For A New, AI-Assisted Legal World

As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.
SolarWinds Ushers In New Era Of SEC Cyber Enforcement

The U.S. Securities and Exchange Commission's recent lawsuit against software company SolarWinds Corp. and its chief information security officer is the first time the SEC has ever filed suit over scienter-based fraud involving cybersecurity failures, illustrating that both companies and CISOs need to be extra cautious in how they describe their cybersecurity practices, say attorneys at Jenner & Block.
Bid Protest Spotlight: Instructions, Jurisdiction, Scrutiny

In this month's bid protest roundup, Michaela Thornton at MoFo examines three recent protests resolved in the U.S. Court of Federal Claims and the U.S. Government Accountability Office that arose from indefinite-delivery, indefinite-quantity contract awards and offer important reminders about the fundamentals of procurement law.
General Counsel Need Data Literacy To Keep Up With AI

With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.
A Look At Successful Bid Protests In FY 2023

Attorneys at Sheppard Mullin look beyond the statistics in the U.S. Government Accountability Office’s recent annual report on bid protests, sharing their insights about nine categories of sustained protests, gained from reading every fiscal year 2023 decision in which the protester had a positive result.
Navigating Discovery Of Generative AI Information

As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.
Finding Focus: Strategies For Attorneys With ADHD

Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.
AI Use May Trigger False Claims Act's Public Disclosure Bar

The likely use of publicly available artificial intelligence tools to detect government fraud by combing through large data sets will raise complex questions about a False Claims Act provision that prohibits the filing of claims based on previously disclosed information, say Nick Peterson and Spencer Brooks at Wiley Rein.