Education Government Contracting

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Environmental Considerations For School Construction

School construction projects present special challenges and must be carefully managed to ensure that environmental issues are safely and well-handled and the health and safety of the school population is protected. New...more

Higher Ed False Claims Act Suits – Pass or Fail?

Career Education Corporation, like a host of other for-profit education companies, has found itself spinning on the courthouse revolving door. The latest legal challenge for CEC: a False Claims Act suit filed in federal court...more

Alleged illegal recruiting for college leads to False Claims Act complaint

In Brief - Stevens-Henager College and its owners are accused of offering compensation incentives to admission consultants based on the number of students they recruit. - The government alleges that the college...more

Michigan Affirmative Action Ban Upheld By U.S. Supreme Court

Michigan’s affirmative action ban, a Constitutional amendment enacted through referendum during the 2006 election cycle, was upheld by the U.S. Supreme Court on Tuesday. The decision means that public entities, including...more

Supreme Court Strikes Down Affirmative Action In Public Universities Again

On April 22, 2014, in Schuette v. Coalition to Defend Affirmative Action et al. (No. 12–682), the Supreme Court upheld a Michigan law that bans public colleges and universities, community colleges and school districts from...more

Small Business Procurement and Contract Act For Postsecondary Institutions, Employment Contracts for Local Agency Executives, Sex...

KMTG will be issuing a series of updates on new legislation signed by Governor Brown. All laws became effective January 1, 2014, unless otherwise stated. Small Business Procurement and Contract Act For Postsecondary...more

Juvenile Court Schools, Reporting Allegations of Misconduct Against Certificated School Employees, and Bidding Practices under the...

KMTG will be issuing a series of updates on new legislation signed by Governor Brown. All laws became effective January 1, 2014, unless otherwise stated. Juvenile Court Schools—AB 631 - AB 631 amends Education...more

Office of Management and Budget Releases New “Omni-Circular” Uniform Administrative Requirements, Cost Principles, and Audit...

On December 26, 2013, the Office of Management and Budget (“OMB”) released a comprehensive guidance that makes changes to the fragmented existing guidance on Administrative Requirements, Cost Principles, and Audit...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

White Collar Watch - February 2014

Contents - False Claims Act ruling opens door to large damage awards... pages 1 - 2 - Supreme Court asked if state universities are exempt from liability under the False Claims Act... pages 2 - 4 -...more

Higher Education Institutions That Are Federal Contractors Face a New Minimum Wage Requirement

While not all colleges and universities meet the definition of a “federal contractor,” many do perform contract work for the federal government. Those institutions will be facing a new minimum wage obligation in connection...more

Schools and Community Colleges Banned from Using Sole Source Procurement for Prop. 39 Funded Projects: Contracts Must Be Awarded...

Many California school districts and community college districts are gearing up to perform, or are in the process of performing, energy efficiency improvements and renewable energy projects with funds derived from Proposition...more

Alabama Tax Developments: 2013 Year in Review

Our final Alabama SALT Alert of 2013 summarizes the major legislative, judicial, and administrative developments affecting Alabama taxpayers with respect to income, transactional, and property taxes so far this year. The 2013...more

Utah Procurement Code: A Road Map for Better Purchasing

No doubt your charter school is a careful steward of taxpayer funds and always gets the best deal on everything it buys. Right? Well now you have an even better "tool" to make sure you are getting the best deal possible....more

A Reply to the New England Journal of Medicine

In its August 29, 2013 edition, the New England Journal of Medicine saw fit to print two "perspective" pieces attacking the Bayh-Dole Act. The primary article is by Dr. Howard Markel entitled "Patents, Profits, and the...more

Federal Grant & Contract News for Nonprofits - August 2013

Several matters have recently arisen which are especially important for organizations that submit invoices or claims for funds from federal and/or state governments. As the current government fiscal year draws to a close,...more

Paying for Family Vacations With NIH Funds Triggers FCA Lawsuit and Settlement

Northwestern University will pay $2.93 million to settle a federal False Claims Act (FCA) lawsuit brought by a former employee who alleged Northwestern allowed a researcher to submit false claims under certain cancer research...more

Northwestern University Settles Cancer Research False Claims Act Lawsuit

On July 30, 2013, the United States Attorney’s Office for the Northern District of Illinois announced that Northwestern University entered a settlement agreement to pay the United States $2.9 million to settle False Claims...more

Update Your Compliance Programs to Address Increased Federal Scrutiny of Academic Research and Grant Funding

The federal government has stepped-up its enforcement efforts in the areas of academic research and grant funding. Just this week, Northwestern University agreed to pay $2.93 million to settle a federal whistleblower suit...more

California’s Prop 39 Fund: Up to $2.75 Billion for Energy Projects at Public Schools, Colleges

On June 27, Governor Jerry Brown signed SB 73 into law as part of the state budget package. The bill established a Clean Energy Job Creation Fund, into which up to $550 million each year will be transferred from California’s...more

Patents, Genetic Testing, and Federal Funding

In a July 12, 2013 letter to Dr. Francis S. Collins of the National Institutes of Health (“NIH”), Senator Patrick J. Leahy urged the NIH to exercise its march-in rights under the Bayh-Dole Act to directly license the genetic...more

7th Circuit Determines Qui Tam False Claims Act Case Against ITT Should Go Forward

This week we look at the 7th Circuit's decision in Leveski v. ITT Educational Services, Inc., in which the court reinstated a False Claims Act qui tam action against ITT and removed the imposition of $395,000 in sanctions...more

CIS Legal Update - May 2013: Changes to the Procedure for the Public Procurement of Food and Pharmaceuticals

The Russian Public Procurement Law has brought forth new changes to the procedure for public procurement that affect general provisions and set up special rules that apply to the supply of pharmaceuticals and foods to...more

Consistent With Precedent, FCC Finds Violation of Competitive Bidding Rules Where Price Is Not Primary Factor

In a newly released Order, the FCC upheld a Universal Service Administrative Company finding that a school district had violated the Commission’s competitive bidding rules by failing to weigh price as the primary factor in...more

PK Law Attorneys Successfully Defend Charles County Board Against Multi-Million Dollar Wage and Hour Lawsuit

In a wage and hour class action suit that was filed in Maryland’s federal district court, bus drivers and bus assistants sued under the Fair Labor Standards Act (“FLSA”), 29 U.S. C. Section 201 et seq., for back-pay,...more

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