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Government Contracts
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May 20, 2025
Injunction On Trump Order Limited To Perkins, Judge Clarifies
A D.C. federal judge on Tuesday clarified the scope of her injunction blocking President Donald Trump's executive order targeting Perkins Coie LLP, explaining that her ruling prohibits the president from directing government agencies to investigate only Perkins Coie's employment practices and not the other BigLaw firms.
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May 20, 2025
NJ Justices Take Up Bond Marketing Suit Against Big Banks
The New Jersey Supreme Court will review a lower appellate court's ruling in favor of JPMorgan Chase & Co., Citigroup Inc., Wells Fargo and other big banks in a lawsuit accusing them of a scheme to inflate the interest rates of certain bonds, according to an order list the justices released Tuesday.
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May 20, 2025
Sales Exec Admits Role In $70M Brain Scan Kickback Scheme
A former operations and regional sales manager for a mobile medical diagnostic company has agreed to plead guilty to taking part in a $70.6 million conspiracy to pay kickbacks to doctors who ordered unnecessary brain scans, Massachusetts federal prosecutors announced Tuesday.
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May 20, 2025
Unions Eye Nix Of NJ Transit Suit Over Picket Line
Two unions sued by NJ Transit over their refusal to cross the picket line in the now-resolved rail strike told a New Jersey federal court that since their members have returned to work, the case is now moot.
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May 20, 2025
GAO Urges Audit Agency To Assess Public Accountant Plans
The Defense Contract Audit Agency should formally assess its future plans for a program that has independent public accountants performing some of the cost audits needed to close out certain defense contracts, the U.S. Government Accountability Office said in a report released Monday.
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May 20, 2025
State AGs Back NJ Judicial Privacy Law At 3rd Circ.
Most states' attorneys general, along with law enforcement organizations and a data privacy group, have encouraged the Third Circuit to uphold a New Jersey judicial privacy measure, saying states have sovereignty to enact such laws in a time of increased threats against judges.
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May 20, 2025
Nursing Homes Facing 'Corporate Death Penalty' Owe $15.4M
The companies behind two Pittsburgh-area nursing homes convicted of falsifying staffing records were ordered Tuesday to pay a total of $15.35 million in restitution to the federal government, though the corporations' attorney told the judge that they had already received a "corporate death penalty" for their conviction.
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May 19, 2025
Feds To Use FCA To Go After Antisemitism, DEI Policies
The U.S. Department of Justice announced Monday that it will use the False Claims Act to go after any recipients of federal funds that the agency determines promote diversity, equity and inclusion policies, and allow antisemitism to thrive.
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May 19, 2025
Feds Can Recoup Overpayment For Nixed Contract
The Armed Services Board of Contract Appeals ordered an engineering firm to repay $283,000 to the federal government, which alleged that it overpaid the company in connection with a contract to build a fuel-to-power generation system for unmanned vehicles.
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May 19, 2025
DuPont And Garden State Clash In PFAS Trial Opener
New Jersey and E.I. du Pont de Nemours were at odds on Monday in federal court over the risks and cleanup of "forever chemical" contamination at a Salem County manufacturing facility, with the state claiming it was intentionally misled and DuPont arguing the state is changing the rules.
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May 19, 2025
Ex-Navy Admiral Convicted Of Steering Contracts
A retired high-ranking U.S. Navy admiral was convicted Monday by a D.C. federal jury of bribery charges stemming from allegations that he steered Navy contracts to a consulting company whose executives promised him a lucrative post-retirement job.
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May 19, 2025
Electric, Nuclear Valve Co. Escape Pension Dispute
A federally owned electric company and a contractor were not required to make pension fund contributions to a plumbers and steamfitters union because the contracted valve work was an exempt specialty contract, a Tennessee federal judge ruled in a lawsuit Monday.
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May 19, 2025
Conn. Con Man Admits To New $1.9M Medicaid Scam
A Connecticut man has admitted to a federal charge in connection with a Medicaid scam he ran with a now-former state employee that netted nearly $1.9 million, federal prosecutors said, noting that some of the criminal activity took place while he was in prison for a different healthcare ripoff.
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May 19, 2025
Doc Loses 4th Circ. Fight Over $5.5M Order After FCA Deal
A North Carolina district court was right to reject a doctor and his wife's request to overturn or modify a $5.5 million judgment against them for allegedly hiding assets after settling a previous False Claims Act case with the government, the Fourth Circuit ruled Monday.
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May 19, 2025
Judge Sets February Trial Date In Bribery Case Of Coal Exec
A Pennsylvania federal judge on Monday set a February trial date for a coal executive charged with bribing foreign officials for business, with jury selection beginning Feb. 3 and opening statements taking place Feb. 9.
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May 19, 2025
Fed. Circ. Says Board Must Rethink Afghan Lease Fight Ruling
A contract appeals board jumped the gun when it granted summary judgment to the U.S. government in a long-running row with Afghanistan residents who claim they weren't paid for the use of their land for a military base, the Federal Circuit ruled.
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May 16, 2025
State Immunity In England Needs Clarification, Judge Says
Investors in an Indian satellite communications company have been granted permission to challenge a ruling allowing India's sovereign immunity defense in English litigation to enforce a $217 million arbitral award, after a judge in London ruled Friday that the immunity issue raises broader questions.
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May 16, 2025
Infrastructure Co. Eurofinsa Looks To Seize Gabon's Assets
Eurofinsa SA has asked a D.C. federal court for permission to begin seizing the Gabonese Republic's assets as the Spanish company that specializes in global infrastructure projects looks to enforce a nearly $18 million arbitral award against the African country.
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May 16, 2025
NJ Transit Calls Unions' Refusal To Cross Picket Line Unlawful
NJ Transit has hit two unions with lawsuits in New Jersey federal court over a rail strike that began Friday, accusing a Teamsters unit and the American Train Dispatchers Association of violating the Railway Labor Act by refusing to cross another Teamsters unit's picket line.
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May 16, 2025
Judge Orders Feds To Answer Navy Housing Suit Questions
A Court of Federal Claims judge ordered the U.S. government to answer requests for admissions it refused to respond to in litigation alleging that it reduced housing stipends and breached contracts with companies that agreed to provide housing to U.S. Navy service members.
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May 16, 2025
Trump Calls On Justices To Stay Block Of Gov't Restructuring
President Donald Trump asked the U.S. Supreme Court on Friday to pause a California federal judge's order temporarily halting agencies from implementing an executive order to plan reorganizations and reductions in force, claiming the lower court's decision has caused confusion and wasted taxpayer dollars.
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May 16, 2025
Families Rip DOJ Bid To Ditch Boeing 737 Max Criminal Case
The U.S. Department of Justice might back down from criminally prosecuting Boeing over the deadly 737 Max crashes and save the American aerospace giant from a high-profile trial in Texas next month under a tentative deal that attorneys for crash victims' families decried Friday as offensive and "morally repugnant."
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May 16, 2025
NJ, DuPont To Face Off In Landmark PFAS Trial Series
New Jersey and chemical manufacturing giant E.I. DuPont de Nemours will square off Monday over the contamination at a former Salem County manufacturing facility in a first-of-a-kind series of trials that environmental attorneys expect will impact "forever chemicals" litigation across the country.
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May 16, 2025
Judge Questions Federal Jurisdiction In Boies Schiller Case
Boies Schiller Flexner LLP and other defendants have pulled into Florida federal court a malpractice action alleging they distributed confidential information related to a law firm, but a federal judge said Thursday she is "unconvinced" that the matter belongs in federal court.
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May 16, 2025
5th Circ. Reverses Intervention Denial For Border Wall Cos.
A Texas federal judge erred when he refused to let several government contractors and the Sierra Club intervene in a lawsuit that blocked the use of border wall funding for anything other than new barrier construction, the Fifth Circuit ruled Thursday.
Expert Analysis
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Recent Cases Clarify FCA Kickback Pleading Standards
Two recently resolved cases involving pharmaceutical manufacturers may make it more difficult for False Claims Act defendants facing kickback scheme allegations to get claims dismissed for lack of evidence, say Li Yu at Bernstein Litowitz, Ellen London at London & Noar, and Gregg Shapiro at Gregg Shapiro Law.
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3 Ways Civil Plaintiffs Could Fill An FCPA Enforcement Gap
While the Department of Justice recently announced it would deprioritize Foreign Corrupt Practices Act investigations into U.S. businesses without obvious ties to international crime, companies should stay alert to private plaintiffs, who could fill this enforcement void — and win significant civil damages — through several legal channels, says Eric Nitz at MoloLamken.
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Steps For Federal Grantees Affected By Stop-Work Orders
Broad changes in federal financial assistance programs are on the horizon, and organizations that may receive a stop-work order from a federal agency must prepare to be vigilant and nimble in a highly uncertain legal landscape, say attorneys at Arnold & Porter.
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Opinion
State FCAs Should Cover Local Fund Misuse, State Tax Fraud
New Jersey and other states with similar False Claims Acts should amend them to cover misappropriated municipal funding, and state and local tax fraud, which would encourage more whistleblowers to come forward and increase their recoveries, says Kenneth Levine at Stone & Magnanini.
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Why Acquirers Should Reevaluate Federal Contract Risk
Long thought of as a stable investment, the scale with which the Trump administration is attempting to eliminate federal contracts is unprecedented, and acquirer considerations should include the size and scope of all active and pending government contracts of target companies, say attorneys at Winston & Strawn.
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7 Tips For Associates To Thrive In Hybrid Work Environments
Excerpt from
As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.
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White Collar Archetypes: Wrangling The Shape-Shifter
In white collar criminal trials, certain pieces of evidence can shape-shift in the jury’s eyes, presenting both challenges and opportunities for defense counsel, says Jack Sharman at Lightfoot Franklin.
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Series
Playing Beach Volleyball Makes Me A Better Lawyer
My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.
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How GSA Lease Clauses May Affect DOGE Terminations
The Department of Government Efficiency has begun to cut the U.S. General Services Administration's enormous real estate portfolio, but some standard lease clauses include limits helpful to landlords that may slow progress toward the administration's cost-cutting goals, say attorneys at Pillsbury.
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Contractor Liability When Directing Subcontractor Workforce
A recent Virginia Court of Appeals decision that rejected a subcontractor employee’s tortious interference claim should prompt prime contractors to consider how to mitigate liability risk associated with directing a subcontractor to remove its employee from a federal project, say attorneys at Venable.
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How Law Firms Can Counteract The Loneliness Epidemic
The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.
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5 Keys To Building Stronger Attorney-Client Relationships
Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.
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Drug Kickback Ruling Will Make FCA Liability Harder To Prove
The First Circuit's ruling in U.S. v. Regeneron Pharmaceuticals, requiring the government to prove but-for causation to establish False Claims Act liability based on violations of the Anti-Kickback Statute, raises the bar for FCA enforcement and deepens a circuit split that the U.S. Supreme Court may need to resolve, say attorneys at Baker Donelson.
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Assessing PE Risk After Mass. False Claims Act Amendments
A law recently passed in Massachusetts amends the commonwealth's False Claims Act by dramatically expanding potential liability for private equity firms and investors, underscoring the importance of robust diligence and risk assessments for private equity firms conducting transactions in the commonwealth, say attorneys at Gibson Dunn.
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A Path Forward For Cos. Amid Trump's Anti-DEIA Efforts
Given the Trump administration’s recent efforts targeting corporate diversity, equity, inclusion and accessibility programs — including threatening possible criminal prosecution — companies should carefully tailor their DEIA initiatives to comply with both the letter and the spirit of antidiscrimination law, say attorneys at Pillsbury.