General Business Civil Procedure Government Contracting

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Recent Governmental decision may benefit contractors on breach of duty of good faith, fair dealing claims.

It is likely that most prime contractors, at one time or another, have felt that their Government customer was not treating them fairly. It is not always clear, however, when conduct that the contractor views as unfair or...more

The Regents of the University of California v. Computer Methods International Corp. et al.

The Regents of the University of California v. Computer Methods International Corp. et al., Case No. CGC-13-531850 (San Francisco Superior Court): The San Francisco Superior Court recently sustained the demurrer of defendants...more

“Entirely Comfortable” With a “Monster”: A Striking Decision From an Unlikely Source About Excessive Fines Under the FCA

As we have discussed before, whistleblower and retaliation decisions—including from the Supreme Court of the United States—have created an increasingly whistleblower-friendly body of law that unifies courts across the...more

ConstructLaw - January 2014

U.S. Supreme Court Holds Forum-Selection Clauses Are Presumptively Enforceable - Atl. Marine Constr. Co. v. United States Dist. Court 2013 U.S. LEXIS 8775 (U.S. 2013) - This action arose out of a forum-selection...more

U.S. Supreme Court May Strongly Enforce Forum Selection Clauses: Many Businesses Will Breathe a Sigh of Relief, While Smaller...

The U.S. Supreme Court appears poised — for the first time in 25 years — to uphold the enforceability of forum selection clauses, which permit contracting parties to prospectively determine the location/court where a lawsuit...more

Illinois Supreme Court to Decide Who Pays When the General Contractor Goes Bust

Today, as we await the start of the Court’s November term, we begin our first look previews at the most recent additions to the Court’s civil docket. First up is Lake County Grading Company, LLC v. The Village of Antioch, a...more

The False Claims Act is Not a License to Divulge Employer Confidences

Health care employers concerned that former employees may misappropriate the company’s confidential information to support qui tam lawsuits under the False Claims Act (“FCA”) received guidance from a recent court decision. ...more

Ninth Circuit Overturns Precedent, Finds Miller Act’s One-Year Statute of Limitations Is a Claim-Processing Rule, Not a...

First In United States ex rel. Air Control Technologies, Inc. v. Pre Con Industries, Inc., --- F.3d ---, 2013 WL 3242673 (9th Cir., June 28, 2013), the Ninth Circuit Court of Appeals held that the one-year statute of...more

Trade & Manufacturing Alert - June 2013

In This Issue: - Report On China's Industrial Policies Shows Numerous Industries Receive Illegal Subsidies - Material Injury Standard For Antidumping And Countervailing Duty Investigations Still Subject To...more

A “Stark” Result for South Carolina Hospital: Stark Law Violations May Cost Up to $357 Million in Penalties

After a four-week retrial, a federal jury concluded on May 8, 2013 that Tuomey Healthcare System (Tuomey) violated both the Stark Law and the False Claims Act (FCA). The jury determined that Tuomey violated the Stark Law by...more

Southern District Of New York Judge Dismisses False Claims Counts, Allows FIRREA Claims To Proceed In Major Mortgage Fraud Case

On May 8, the U.S. District Court for the Southern District of New York dismissed claims for damages and civil penalties under the False Claims Act (FCA) brought by the federal government against a mortgage lender alleged to...more

Business Law Newsletter - May 2013

In This Issue: - Subpoenas: What Are They and What Do You Do If You or Your Business Receives One? - Sequestration and the Continuing Resolution’s Effect on Government Contracting - New I-9 Creates Risk...more

D.C. District Court Again Rules That Bad Debt at a Collection Agency is Allowable

The United States District Court for the District of Columbia recently ruled, again, that a Medicare contractor is not permitted to disallow Medicare bad debts solely on the ground that the bad debt is still at an outside...more

Eastern District Of Virginia Rules That Employer Cannot Arbitrate False Claims Act Retaliation Claims

On Wednesday, the Eastern District of Virginia in Winston v. Academi Training Center, Inc., No. 1:12-cv-767 (July 12, 2012), declared an arbitration provision in an independent contractor agreement unconscionable, clearing...more

Under Construction - March 2013

In This Issue: - Letter From the Editor - Tips for Presenting, Analyzing and Resolving Delay and Impact Claims - The Ever-Shrinking Federal Budget: Preparing for Contract Cut-Backs - Colorado Court of...more

A Federal Court's Lifeline to the Servicing Industry: No Physical Pain, no Negligent Servicing Claim

Keith Andress, Natalie Bolling and Stephen Pudner of Baker Donelson's Birmingham office were recently successful in having a mortgagor's claims seeking punitive damages against a major mortgage servicing company dismissed...more

Precision Required for Government Tort Claims Act

The Government Claims Act in California establishes the manner in which negligence and tort claims must be made against the Government. [Govt. Code, Section 900 et seq.] Failure to follow the rules set forth in the statute...more

Prosecutorial misconduct stymies Department of Justice in FCPA trials

In a stunning conclusion to the U.S. Department of Justice’s first guilty jury verdict against a corporation under the Foreign Corrupt Practices Act (FCPA), the U.S. District Court, Central District of California...more

Construction OberView: "Objection, Privilege": Protecting the Attorney-Client Relationship amidst the Shifting Sands of False...

“Men must turn square corners when they deal with the Government.” – Justice Oliver Wendell Holmes, Jr. With the Government’s prosecution of False Claims Act (“FCA”) and Contract Disputes Act (“CDA”) violations on the...more

2012 California Construction Law Update

With the new year comes a host of changes to laws impacting the construction industry in California. Addressed below are some of the most important new laws to be aware of. Unless otherwise noted, all of these laws take...more

A Primer on Prime Contractor-Subcontractor Disputes Under Federal Contracts

The federal government spends more than $500 billion a year on contracts. More than 50 percent of that total works its way down to subcontractors. Thus, disputes between prime contractors and their subcontractors on federal...more

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