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Burden of Proof Federal Contractors

PilieroMazza PLLC

2021 Bid Protest Decisions with Far-Reaching Impacts for Government Contractors

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Bid protests are a key element of the federal procurement process. And whether you are submitting a proposal, filing a protest, or defending your award, bid protest decisions can impact not only your contract, but future...more

PilieroMazza PLLC

[Webinar] 2021 Bid Protest Decisions with Far-Reaching Impacts for Government Contractors - February 23rd, 2:00 pm - 3:00 pm ET

PilieroMazza PLLC on

Bid protests are a key element of the federal procurement process. And whether you are submitting a proposal, filing a protest, or defending your award, bid protest decisions can impact not only your contract, but future...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at the Ninth: Wait Until Next Time

This week, the Court addressed two questions of appellate jurisdiction, holding there is no right to immediate appellate review of a district court’s denial of derivative sovereign immunity or of a fact-bound district court...more

Morrison & Foerster LLP - Government...

U.S. Navy Breached Implied-In-Fact Software License, Federal Circuit Decides In Bitmanagement

The Federal Circuit handed a substantial victory to Bitmanagement Software GMBH last week, finding the U.S. Navy had infringed the company’s copyright by installing its three-dimensional visualization software on hundreds of...more

Littler

OFCCP Issues Final Rule Outlining Procedures for Resolving Employment Discrimination

Littler on

For years, many federal contractors have criticized the Office of Federal Contract Compliance Programs (OFCCP) for misusing statistical methods to support allegations of discrimination against federal contractors and for...more

WilmerHale

NASA Contract Termination Presents Key Bid Protest Lessons

WilmerHale on

In an important decision addressing the burden of proof in procurement integrity cases, the U.S. Government Accountability Office recently sustained a protest brought by Teledyne Brown Engineering Inc. against the $651.6...more

Dorsey & Whitney LLP

Underwriter Failed to Meet Employer’s Expectations, and thus His FCA Retaliation Burden, at Least in the Eighth Circuit

Dorsey & Whitney LLP on

On Monday, the U.S. Court of Appeals for the Eighth Circuit affirmed the Eastern District of Missouri’s dismissal of appellant’s retaliation claim under the False Claims Act, as well as his state law wrongful discharge claim...more

DirectEmployers Association

OFCCP Week In Review: December 2019 #5

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - December 2019

This edition of Employment Flash looks at recent NLRB activity, including its issuance of a decision suggesting two members would be willing to reconsider a precedent regarding surveillance of employees’ union activity. We...more

DirectEmployers Association

OFCCP Week In Review: December 2019 #2

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Polsinelli

Polsinelli Insights from Supreme Court Oral Arguments Concerning FOIA Disclosure Obligations

Polsinelli on

On April 22, 2019, the U.S. Supreme Court heard argument in Food Marketing Institute v. Argus Leader Media. Polsinelli attended the oral arguments to provide insight concerning the potential implications for federal...more

Morrison & Foerster LLP

Courts Are Taking Materiality Seriously Post-Escobar

In the three months since the U.S. Supreme Court issued its decision in Universal Health Services v. United States ex rel. Escobar, lower court decisions suggest a trend of strict interpretation of the high court’s...more

Cohen Seglias Pallas Greenhall & Furman PC

Termination for Default Held Improper

A contractor performed a project involving the construction of stone dike extensions and other work at four sites on the Mississippi River. Nelson, Inc. ASBCA No. 57201 (December 15, 2015). One of the issues was whether the...more

Pillsbury Winthrop Shaw Pittman LLP

An Evolving Landscape: Timeliness of government disallowance of expenses contained in incurred cost proposals may depend on...

The last three years have seen a run of Contract Disputes Act (CDA) statute of limitations (SOL) cases involving contractor incurred cost proposals (ICP). The sledding has been more difficult for contractors after the Federal...more

Dorsey & Whitney LLP

Sixth Circuit Reminds Government of its Burden to Prove Actual Damages in False Claims Act Litigation

Dorsey & Whitney LLP on

Last week, the United States Court of Appeals for the Sixth Circuit vacated a federal district court’s award of $657 Million for treble damages under the False Claims Act (“FCA”), restitution, and prejudgment interest. See...more

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