Administrative Law › Constitutional Law › Government Contracting

Law 360 Quotes Proskauer’s Concerns & Guidance Regarding NDAA Whistleblower Rules

In an Employment Law 360 article (subscription required) today, Steve Pearlman, co-head of Proskauer’s Whistleblowing & Retaliation Group, commented on the ramifications of the passage of the National Defense Authorization...more

Supreme Court’s Next FCA Whistleblower Case?

Imagine you own a company that does business with a federal agency. The company’s contract with the agency specifies that the company will deliver widgets of a particular quality....more

National Defense Authorization Act Precludes OFCCP Jurisdiction Over TRICARE Provider

The U.S. Department of Labor’s Administrative Review Board has found that the Office of Federal Contract Compliance Programs (OFCCP) lacks jurisdiction over Florida Hospital of Orlando, a TRICARE health services provider,...more

UPDATE: Charter City Not Required To Pay Prevailing Wage On Municipal Construction Projects

In a decision strongly upholding the municipal home rule doctrine, the California Supreme Court held that charter cities are not subject to state prevailing wage requirements for purely local construction projects. The Court...more

California Supreme Court Rules That State’s Prevailing Wage Law Is Not Quite So Prevailing: Charter Cities Need Not Require...

On July 2, 2012, the California Supreme Court issued its long-awaited decision in State Building and Constructions Trades Councils of California, AFL – CIO v. City of Vista, No. S173586. The court held that locally funded...more

There are Two Nationalities for the Nation of the United States

Discover that since the adoption of the Fourteenth Amendment and the Slaughterhouse Cases, there is a citizen of the United States, who is not a citizen of the several States (united) and a citizen of the several States...more

Supreme Judicial Court Rules on Quinn Bill Case - March 2012

The Massachusetts Supreme Judicial Court yesterday issued a significant decision that could impact municipalities throughout the Commonwealth. In Adams v. City of Boston, SJC-10861 (March 7, 2012)(slip opinion), the Court...more

In FCA Case, Court Finds Civil Penalties Would be Unconstitutional

Recently, a federal district court issued a ruling that could have a substantial impact on future qui tam claims brought under the False Claims Act ("FCA"). In United States of America ex rel. Bunk v. Birkart...more

Nigerian Sovereign Wealth Fund Law

The Nigerian Government has passed into law the Sovereign Investment Authority (Establishment, Etc.) Act 2011 to among other things establish a Nigerian Sovereign Investment Authority. This Authority is charged to receive,...more

Florida v. HHS

Appeals Court Rules Against Obama Healthcare Law

The 11th Circuit Court of Appeals found the individual mandate unconstitutional in the Obama Healthcare legislation. The Appeals Court for the 11th Circuit, based in Atlanta, found that Congress exceeded its authority by...more

The Supreme Court To Decide Whether FOIA Responses Trigger The False Claims Act's Public Disclosure Bar

The Supreme Court recently heard oral argument in a case testing the scope of the False Claims Act’s public disclosure bar. The False Claims Act (“FCA”) is the government’s primary weapon against waste, fraud, and abuse in...more