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Government Contracting Business Torts Labor & Employment

Read Government Contracting Law updates, articles, and legal commentary from leading lawyers and law firms:

Ninth Circuit Affirms Dismissal Of Dodd-Frank Whistleblower Case, Using Securities Fraud Standard

The Ninth Circuit recently affirmed a grant of summary judgment in an employer’s favor, dismissing a SOX and Dodd-Frank whistleblower retaliation case based on the plaintiff’s lack of an objectively reasonable belief of...more

Independent Contractors & Consultants Can be Subject to Conflict of Interest Laws - California Supreme Court Sets New Precedent...

by Best Best & Krieger LLP on

In a watershed decision, the California Supreme Court held that independent contractors and consultants can be considered “employees” and subject to the conflict of interest provisions of Government Code 1090. This includes...more

Federal Circuit Denies Claim Under SCA Price Adjustment Clause for Pension Withdrawal Liability

by Holland & Knight LLP on

Last month, the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed a decision of the U.S. Court of Federal Claims upholding and NASA’s denial of a claim in the amount of about $2 million for reimbursement pension...more

FCA Issues to Watch: FCA Claims Concerning Physician Compensation

by Bass, Berry & Sims PLC on

Physician employment arrangements with hospitals have remained a significant area of regulatory scrutiny in recent months with the announcement of several high profile settlements and decisions in key FCA cases involving...more

An Expanding Universe of Healthcare Provider Liability: The United States Supreme Court Endorses “Implied False Certification”...

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In Universal Health Services Inc. v. U.S. et al. ex rel. Escobar et al., the United States Supreme Court found a healthcare provider liable under the False Claims Act (“FCA”) for material omissions on...more

Second-Lowest Bidder for Public Contracts May Sue Lowest Bidder Who Paid Less Than Prevailing Wages

Public agencies have little, if any, discretion when awarding public contracts because they are required to award the contract to the lowest bidder, subject to certain minimum qualifications. These limitations are designed...more

Split Decision on Ormat’s Motion to Dismiss Ex-Employees’ Claims of Cash Grant Fraud

The opinion of March 24 from the U.S. District Court for Nevada granted in part and denied in part Ormat’s motion to dismiss an action brought by ex-Ormat employees under the False Claims Act. The ex-employees are alleging...more

Second-Place Bidder On Public Works Contract Could Proceed With Tortious Interference Claim

Between 2009 and 2012, American Asphalt South, Inc. (“American”) outbid Roy Allan Slurry Seal, Inc. (“Allan”) or Doug Martin Contracting, Inc. (“Martin”) on 23 public works contracts totaling more than $14.6 million to apply...more

New Jersey Federal Court Allows “Self-Help” Counterclaims Against Potential FCA Whistleblowers To Proceed

Last week, a New Jersey federal court allowed medical device maker Boston Scientific Neuromodulation Corp. (“Boston Scientific”) to proceed with counterclaims against two of its former employees for violating their contracts...more

Alleged illegal recruiting for college leads to False Claims Act complaint

by Saul Ewing LLP on

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

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

Hiring Long Lasting Independent Contractors

Independent contractors are not employees but their work is often vital to the success of a business. Because contractors may work off site, do work for other clients, and perform with minimal supervision, it is crucial to...more

New Hotline Cracks Down on Underground Employers

Officials in California estimate that $7 billion in payroll tax, workers compensation insurance, and other mandates are lost every year because of underground employment practices, including employers that pay workers under...more

Labor Commission Settles Unpaid Wage Claims On Public Works Project

Claims that an employee or contractor was not paid properly for their work often forms the subject of employment law disputes. On this blog we’ve previously discussed issues related to overtime pay and non-exempt salaries,...more

Choose wisely in classifying your independent contractors

Is a non-exclusive insurance agent an independent contractor or an employee? Insurance agents and salespeople with the discretion to determine when, how, and whether to sell a company’s products may properly be classified...more

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