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Getting Started with E-Rate

Public schools and libraries in the U.S. can save a lot of money on Internet service by applying for the Schools and Libraries Program, a federal subsidy better known as E-Rate. E-Rate funding, capped yearly at $3.9...more

Abbott Laboratories Prevails in False Claims Act Case

On April 7, 2016, following a three-week trial and after only three hours of deliberations, a federal jury in Dallas, Texas found that Abbott Laboratories had not violated the False Claims Act (FCA) when it marketed bile duct...more

Summary Judgment for Defendants in FCA Action: No Admissible Evidence of False Claims

How much is “enough?” Will we have enough money to retire someday? Did the Drug and Device Law College Sophomore study enough for her computer science midterm? Is there enough salt in the matzo ball soup? In the realm of...more

In 10-1 Verdict, Jury Finds No FCA Violation by Abbott Laboratories

On April 7, 2016, after just three hours of deliberations following a three-week trial, a federal jury dismissed False Claims Act (“FCA”) claims against Abbott Laboratories brought by a whistleblowing former employee.  The...more

President’s Trip to Cuba Accompanied by Expanded Treasury and Commerce Regulations

On March 20, President Obama arrived in Cuba for an historic visit, marking a significant step in the Obama Administration’s efforts to normalize relations, a process that began in December 2014. The Administration has stated...more

US Ignite Announces up to $10 Million in Funding for Gigabit Applications

On March 18, 2016, the National Science Foundation (NSF) released a solicitation for up to $10 million for US Ignite: Networking Research and Application Prototypes Leading to Smart and Connected Communities, which funds the...more

Cybersecurity: 2015’s top legal developments and what they mean for key sectors

At the US federal level, 2015 ushered in significant new laws, regulations, and guidance on cybersecurity as lawmakers, regulators, and businesses continued their efforts to combat cybercrime - one of the most significant...more

The FCA and the USF: Reactions and Impressions from the FCBA’s False Claims Act Seminar

Last week, the Federal Communication Bar Association’s (FCBA’s) Enforcement Committee hosted a legal seminar on an issue that is somewhat new and unfamiliar to the communications bar – the federal False Claims Act (FCA), and...more

U.S. Supreme Court Rules Unaccepted Offer of Judgment Does Not Moot Class Claims

The United States Supreme Court further removed a valuable tool from class action defendants’ arsenals January 20, 2016, ruling 6-3 that a class action cannot be mooted by an offer of judgment conferring full relief to an...more

Supreme Court Rules Settlement Offer Cannot Moot Class Actions

On January 20, 2016, the United States Supreme Court held, in Campbell Ewald Company v. Gomez, that a plaintiff who receives a settlement offer of complete relief from a defendant still has a viable legal claim, because a...more

Supreme Court affirms government contractors qualified immunity

In a 6-3 decision issued on January 20, the Supreme Court affirmed in Campbell-Ewald Co. v. Gomez, No. 14-857, that federal government contractors are immune from litigation and liability if their work complies with federal...more

How Not to Moot a Case: Supreme Court Rules Case Remains Live After Unaccepted Offer of Settlement

On January 20, 2016, the Supreme Court of the United States decided another case in a line of cases addressing the issue of class action mootness. Specifically, the justices ruled that an unaccepted settlement offer or offer...more

Are government contractors “persons” under the TCPA? The FCC will soon determine

In a decision that could have wide-ranging effects for government contracting, the Federal Communications Commission (FCC) has sought comment on a petition for declaratory ruling requesting that the FCC declare that the...more

Supreme Court Decides Campbell-Ewald Co. v. Gomez

On January 20, 2016, the Supreme Court decided Campbell-Ewald Co. v. Gomez, holding that an unaccepted offer to satisfy a named plaintiff’s individual claim does not render a case moot. The Court also held that sovereign...more

Money for Nothing: Offer of Complete Relief to Named Plaintiff Does Not Moot Class Action, Supreme Court Holds in 6-3 Decision

An unaccepted Rule 68 offer of judgment that would fully satisfy a named plaintiff’s individual claim does not moot individual or class claims opined the U.S. Supreme Court, resolving a split in the circuits. Campbell-Ewald...more

"Communications: 2016 Could Be Defining Year for Net Neutrality, Spectrum Auction"

Last year, the Federal Communications Commission (FCC) closed in on two historic accomplishments. After years of laying the groundwork, the FCC issued its net neutrality regulations as well as final rules and opening bid...more

FirstNet Releases Final RFP for Up to $6.5 Billion

FirstNet released its final Request for Proposals (RFP) seeking a Contractor to build and operate the nationwide public safety broadband network (NPSBN), as authorized by the Middle Class Tax Cut and Job Relief Act of 2012...more

Federal Government Continues to Bring Actions Against Pharmaceutical and Medical Device Companies and Individuals for Alleged...

The Office of Inspector General (OIG) for the Department of Health and Human Services recently released its Semiannual Report to Congress. Through the first three quarters of 2015, OIG announced recoveries of $3.35 billion...more

Public-private team of security experts disrupt Dorkbot malware

This is how it should be—private companies working with law enforcement to disrupt evil doers on the Internet. Late last week, Microsoft announced that it teamed up with the Department of Homeland Security, Europol, the FBI,...more

Government Contract: How Can a Subcontractor Get Paid?

G4S Technology LLC v. US, 779 F.3d 1337 (Fed. Cir. 2015) – A subcontractor worked on construction of wireless broadband networks for rural communities that was funded in part by a loan to the prime contractor from a US...more

Supreme Court Asked To Clarify Application of Rule 9(b) in FCA Cases

On September 21, 2015, counsel for AT&T, Inc., and other telecommunications providers asked the U.S. Supreme Court to resolve a circuit split over what relators asserting FCA claims must do to meet Federal Rule of Civil...more

That is SO last week - September 2015

Labor Day was the backdrop for a big announcement from President Obama. Beginning in 2017, federal contractors must grant paid sick leave to employees. The new Executive Order requires contractors to provide one hour of...more

Construction Law Advisory - August 2015

Pennsylvania’s Contractor and Subcontractor Payment Act (“CASPA”) is a powerful tool for contractors and subcontractors to ensure that they receive prompt payment for their work and may entitle them to expansive remedies,...more

Off-Label Marketing and the False Claims Act

In a post published earlier this week this week our colleagues Brian Dunphy and Joanne Hawana examined key issues in the recent Amarin decision from the Southern District Court of the New York. The August 7th ruling provided...more

Reed Smith Files Amicus Brief on Behalf of the Institute for Professionals in Taxation in Sprint False Claims Act Appeal

On July 21, 2015, Reed Smith LLP, on behalf of the Institute for Professionals in Taxation (“IPT”), filed an amicus brief with the New York State Court of Appeals in People of the State of New York, ex rel. Empire State...more

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