Government Contracting Communications & Media

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Call Answered: Supreme Court to Decide if Offer of Judgment Moots TCPA Class Action and Scope of Gov’t Contractor Liability

On May 18, the U.S. Supreme Court granted certiorari in Campbell-Ewald Co. v. Gomez, a Telephone Consumer Protection Act (TCPA) class action. The case raises two related questions that are the source of frequent litigation...more

Supreme Court Grants Cert in Campbell-Ewald v. Gomez

In a move that may greatly impact litigation under the Telephone Consumer Privacy Act (TCPA) and potentially other acts that provide statutory damages for violations, the high court will hear arguments in a case questioning...more

Eleventh Circuit Upholds the U.S. DOJ’s Expansive Approach to Anti-Corruption Enforcement

On February 9, 2015, the Eleventh Circuit affirmed Jean Rene Duperval’s convictions for money laundering and conspiracy to commit money laundering, approving the U.S. Department of Justice’s (“DOJ”) expansive approach to...more

CNN And FAA Partner To Test Drones For Reporting

Cable News Network (“CNN”) announced a partnership with the Federal Aviation Administration (“FAA”) “to advance efforts to integrate Unmanned Aerial Vehicles (“UAVs”) into newsgathering and reporting,” according to CNN’s...more

False Claims Act: 2014 Year In Review

In what is becoming an annual refrain, 2014 marked another year of robust False Claims Act (FCA) enforcement by the U.S. Department of Justice (DOJ) and mushrooming qui tam lawsuits by whistleblowers. Indeed, fiscal year 2014...more

Your Contract May Not Be as Confidential as You Think: Another Lesson in Safeguarding Trade Secrets in Government Procurement

For a second time this year, the Washington Court of Appeals has rejected claims that pricing and other information contained in contracts between private companies and government agencies are trade secrets not subject to...more

The Continuing Far Reach of the False Claims Act

Since 2009, when Congress preserved and expanded the reach of the False Claims Act (“FCA”) through the Fraud Enforcement and Recovery Act (“FERA”), Government contractors have seen a vast increase in FCA lawsuits and...more

Whistleblowers Must Have Independent Knowledge to Actually Blow the Whistle

To bring a valid qui tam action and overcome the so-called “public disclosure bar” under the False Claims Act (“FCA”), a whistleblower must have direct knowledge of the alleged fraudulent activity, independent of already...more

Finally Some Good News: VETS Final Rule Reduces Burden on Federal Contractors

If you are a federal contractor, you may be feeling a bit picked on by the Department of Labor of late. It seems as though every regulatory change increases the burden for federal contractors. But not so with the Final Rule...more

Feds Announce Application Process for Rural Broadband Experiments

On August 19th, the Federal Communications Commission released a public notice detailing the application process for entities interested in participating in the rural broadband experiments. The notice outlines specific...more

7th Circuit Rejects Public-Disclosure Bar in Qui Tam Case

In United States ex rel. Heath v. Wisconsin Bell, Inc., No. 12-3383 (7th Cir. July 28, 2014), the Seventh Circuit grappled with this bar on the use of publicly disclosed information, refusing to apply it in a case involving...more

FCC Initiates Rural Broadband Experiments Program: $100 Million to be Disbursed to Winning Bidders

On July 14, 2014, the Federal Communications Commission (“FCC”) released its latest Connect America Fund Order, which sets forth the parameters of its planned “rural broadband experiments” program. As detailed below, the...more

FCC Allocates $100 Million for Rural Broadband Experiments –Agency Will Reward Providers That Can Deliver Broadband at Speeds up...

On Friday, July 11, 2014 the FCC adopted an order implementing its planned “Rural Broadband Experiments”—a test-case program for disbursing subsidies to competitive providers that can deploy broadband to unserved areas. Our...more

Competitive Providers One Step Closer to Support for Rural Broadband Deployment Following Latest FCC CAF Phase II Order

On Wednesday, June 11, 2014, the Federal Communications Commission (FCC) released its long-awaited order establishing a framework for competitors to obtain broadband subsidies (support) through Phase II of the Connect...more

PilieroMazza Legal Advisor - Second Quarter 2014

In this issue: - Protecting Your Website - The Top Eight Things You Should Know - Securing Corrective Action May Raise Further Challenges - Get in the Ring: Contractors Opposed to the Proposed Extension...more

Affairs of State: When States Are Creditors: Why § 525 Matters and Should Be Expanded

One of the pillars of a debtor’s fresh start is the anti-discrimination provisions of § 525 of the Bankruptcy Code, which codifies the U.S. Supreme Court’s decision in Perez v. Campbell. The Court held that two state statutes...more

Tokyo 2020 Olympic Update: PART 1: Infrastructure Opportuntities

BACKGROUND - On 8 September 2013, Tokyo was chosen as the host city for the 2020 Olympic Games. Tokyo is set to host the Games of the XXXII Olympiad from 25 July - 9 August 2020, and the Paralympic Games from 25 August...more

Mexico announces new transportation and telecommunications investment program

Gerardo Ruiz Esparza, the Mexican Minister of Communications and Transportation, has announced a new Investment Program for Transportation and Telecommunication for fiscal years 2013-2018....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

Contractors: Is Your Company’s Web Site Accessible to Individuals With Disabilities? (OFCCP Thinks It Should Be)

In December, 2011, the Office of Contract Compliance Programs (OFCCP) caused much consternation among the federal contracting community by publishing proposed changes to the affirmative action and nondiscrimination...more

California Attorney General Brings Action Against Standard and Poor’s

On February 5, the Attorney General of California, Kamala D. Harris, filed suit in Superior Court in California against Standard & Poor’s and its parent company, the McGraw Hill Company. The Complaint alleges violations of...more

Second Circuit Vacates Pharmaceutical Misbranding Conviction on Free Speech Grounds

After two years of deliberation, the U.S. Second Circuit Court of Appeals has finally issued its decision in United States v. Caronia, holding that the government cannot prosecute pharmaceutical manufacturers or their...more

Second Circuit Declares Off-Label Promotion Ban Unconstitutional: Implications for False Claims Act Defendants

On December 3, 2012, the United States Court of Appeals for the Second Circuit held that the First Amendment protects pharmaceutical companies who truthfully promote the lawful, off-label use of prescription drugs from...more

Letters of Intent Binding or Not

Be careful, your Letters of Intent may be binding unless drafted properly. That’s the message from a 2011 case First National Mortgage Co. v. Federal Realty Investment Trust, 631 F.3d 1058 (February 1, 2011). Companies...more

Local Governments Facing Tough Times, Bankruptcy

What do Stockton, San Bernardino and Mammoth Lakes,California have in common? If you were thinking about warm weather, plenty of sunshine and the California lifestyle, you might be right, but that’s not the answer we’re...more

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