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Government Contracts
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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."
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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.
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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.
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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.
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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.
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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.
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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.
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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."
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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January 07, 2025
Fed. Circ. Rejects Software Co.'s Bid For $86M From Navy
A Federal Circuit panel affirmed a decision holding that the U.S. Navy owes a software company just $154,000 for its infringing use of a 3-D virtual reality program, and not the nearly $86 million the company sought based on installations on more than 429,000 computers.
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January 07, 2025
GAO Calls Navy's Construction Deal Conditions 'Reasonable'
The U.S. Government Accountability Office rejected an Indiana-based contractor's challenge of the U.S. Navy's requirement to register with the Spanish Ministry of Finance to be considered for a Spain-based explosive ordnance disposal facility contract, calling the extra step "reasonable."
Editor's Picks
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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
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7 Ways 2nd Trump Administration May Affect Partner Hiring
President-elect Donald Trump's return to the White House will likely have a number of downstream effects on partner hiring in the legal industry, from accelerated hiring timelines to increased vetting of prospective employees, say recruiters at Macrae.
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E-Discovery Quarterly: Rulings On Custodian Selection
Several recent rulings make clear that the proportionality of additional proposed custodians will depend on whether the custodians have unique relevant documents, and producing parties should consider whether information already in the record will show that they have relevant documents that otherwise might not be produced, say attorneys at Sidley.
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The OIG Report: Preparing For Oversight In 2025
Across sectors, Office of Inspector General work plans and challenge reports for 2025 provide a trove of information on the issues and industries that will likely be the focus of government oversight in the year to come, says Diana Shaw at Wiley.
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Series
Exercising On My Peloton Bike Makes Me A Better Lawyer
While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.
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Opinion
Aviation Watch: How Court Nixed Boeing Plea Deal Over DEI
A Texas federal court's rejection of the plea agreement between the U.S. Department of Justice and Boeing over the 737 Max aircraft gratuitously injected the court's views on diversity, equity and inclusion into a case that shouldn't have been a criminal matter in the first place, says Alan Hoffman, a retired attorney and aviation expert.
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How New Fraud Enforcement Tool Affects Gov't Contractors
Government contractors will likely face greater scrutiny under the recently enacted Administrative False Claims Act, which broadens federal agencies' authority to pursue low-dollar fraud claims, but contractors may also find the act makes settlement of such claims easier to negotiate, say attorneys at Wiley.
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Exploring Venue Strategy For Trump-Era Regulatory Litigation
Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.
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Series
Playing Esports Makes Me A Better Lawyer
Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
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An Associate's Guide To Career Development In 2025
As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.
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How White Collar Enforcement May Shift In Trump's 2nd Term
After President-elect Donald Trump returns to the White House next month, the administration’s emphasis on immigration laws, drug offenses and violent crime will likely reduce the focus on white collar crime overall, but certain areas within the white collar world may see increased activity, say attorneys at Keker Van Nest.
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Contract Disputes Recap: Adjustments, Preclusion, Waivers
Ken Kanzawa at Seyfarth examines three recent decisions from the Civilian Board of Contract Appeals, the U.S. Court of Federal Claims and the Armed Services Board of Contract Appeals that examine distinctions between requests for equitable adjustments and claims, forum selection and res judicata, and the waiver of penalties for expressly unallowable costs.
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Series
Fixing Up Cars Makes Me A Better Lawyer
From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.
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Making The Pitch To Grow Your Company's Legal Team
In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.
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Compliance Lessons From Raytheon's FCPA Settlement
A recent Foreign Corrupt Practices Act action involving aerospace and defense company Raytheon underscores the importance of risk management related to retaining and overseeing third parties — especially in higher-risk jurisdictions — and the promotion of a companywide culture of compliance, say attorneys at Debevoise.
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Top 10 Whistleblowing And Retaliation Events Of 2024
From a Florida federal court’s ruling that the False Claims Act’s qui tam provision is unconstitutional to a record-breaking number of whistleblower tips filed with the U.S. Commodity Futures Trading Commission, employers saw significant developments in the federal and state whistleblower landscapes this year, say attorneys at Proskauer.