Read Government Contracting Law updates, articles, and legal commentary from leading lawyers and law firms:
Colombia Battles U.S. Investors for $17 Billion Treasure
Suzanne Folsom and Ted Wright of ACADEMI
As Sequestration Causes Push for Unrequited Patriotism, Government Contractors Should Just Say No
Kevin Kelly on Sequestration
Alan Chvotkin on Sequestration
Clark Ervin on National Security’s Business Impacts
Micah Green on U.S. Fiscal Policy
Turbulent Market for Legal Services Forces Law Firms to Innovate
In St. Paul Mercury Insurance v. Mountain West Farm Bureau, 210 Cal. App. 4th 645 (10/25/12), the California Court of Appeal addressed the duty of an insurance carrier to defend a general contractor named as an additional...more
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
California Courts handed down some interesting decisions re insurance coverage during the fourth quarter of 2012: St. Paul Mercury Insurance v. Mountain West Farm Bureau (10/25/12) In an equitable contribution action, an...more
The United States Senate passed the Water Resources Development Act of 2013 by an overwhelming 83-14 margin on May 15, 2013. The legislation included an amendment sponsored by Senators Jeff Merkley (D-OR) and Sherrod Brown...more
The Office of the Inspector General (OIG) released a Special Fraud Alert on March 26, 2013 warning that physician-owned distributorships (PODs) are "inherently suspect" under the Anti-Kickback Statute (AKS). Generally...more
Introduction - In our last Alert, we assessed the philosophy of the NEC Engineering and Construction Contract (“NEC3”) against the FIDIC Conditions of Contract for EPC/Turnkey Projects (“FIDIC Silver”), with a view to...more
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
April 30 (Bloomberg) -- Paolo Di Rosa, head of the International Arbitration practice at Arnold & Porter LLP, talks with Bloomberg Law's Spencer Mazyck about successfully defending the Republic of Colombia in U.S. federal...more
The U.S. Department of Health & Human Services, Office of Inspector General (the “OIG”) issued a Special Fraud Alert (“Alert”) on March 26, underscoring its heightened focus on fraud and abuse risks posed by physician-owned...more
The 340B Drug Pricing Program (340B Program) continues to undergo a period of intense scrutiny and debate over how compliance with program rules is enforced. As previously reported in the May 30, 2012 edition of Foley’s Legal...more
On 16 March 2013, new regulations came into force in relation to the Late Payment of Commercial Debts (Interest) Act. Enacted to incorporate a recent EU Directive, these new regulations introduce a maximum payment...more
On April 4, the U.S. Attorney for the Southern District of New York and HUD officials announced a civil fraud suit alleging FCA and FIRREA claims against a mortgage lender and its president for falsely certifying loans and...more
The Virginia Department of Taxation recently released the Rulings of the Tax Commissioner regarding the application of the retail sales and use tax to purchases of tangible personal property made pursuant to a government...more
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
On March 1, 2013, President Obama signed the order directing “sequestration” to go into effect. As has been repeated constantly leading up to sequestration, $85 billion will now be cut from the federal government’s budget...more
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
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 durable medical equipment (DME) distributor, Joint Technology, Inc., entered into an agreement to pay a salesman commissions ranging from 18 to 22 percent on the volume of his sales. The court held that the salesman did not...more
Continued budget cuts likely will trigger construction issues and disputes in the coming months and years. As a result, contractors should take precautions on federally funded construction projects. ...more
In this issue: - Executive Order Opens Consultative Processes to Draft Cybersecurity Framework for Critical Infrastructure - Maryland Cybersecurity-Related Legislative Developments - NIST Seeking...more
Corporate Counsel can efficiently and cost-effectively delegate their commercial real estate transactions to outside counsel. This article touches on key-points of the corporate leasing process and the dynamics that corporate...more
Federal enforcement of False Claims Act (FCA), Stark anti-kickback, and HIPAA/HITECH claims against healthcare companies continues to rise rapidly. FCA recoveries by the U.S. Department of Justice (DOJ) exceeded $9.5 billion...more
It was another memorable year for the construction industry in Massachusetts. As the economic recovery continued to take hold, commercial construction market activity continued to stabilize and public projects remained a...more
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
Following on the heels of the U.S. Department of Justice’s recent guidance on the Foreign Corrupt Practices Act (“FCPA”), events in Canada provide further reason for companies on both sides of the border to increase...more
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