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Damages Federal Contractors

Venable LLP

The Subcontractor Performed. The Prime Contractor Paid. But a Hacker Ended Up with the Money. Who Is Responsible?

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When hackers gain access to a subcontractor’s information systems and divert the prime contractor’s payment to themselves instead of to the subcontractor, does the prime contractor still have to pay the subcontractor?...more

Venable LLP

Virginia Contractors Can Overcome Sovereign Immunity and Sue the State Government, Even Where the Remedy Is "Equitable" Relief...

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On May 9, 2024, the Supreme Court of Virginia held that a lawsuit alleging that the state government had procured a contractor's settlement of a contract dispute using economic duress and bad faith could proceed, rejecting...more

Bass, Berry & Sims PLC

Ninth Circuit Limits Damages in Government Procurement Case

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On August 8, the Ninth Circuit issued a key decision clarifying two important aspects of damages under the False Claims Act (FCA) in the government procurement context. The Ninth Circuit’s holding limits potential...more

Fisher Phillips

Top Workplace Law Stories You May Have Missed from June 2023

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years — and this past...more

Fox Rothschild LLP

CDA Claims: Delay Damages for an Early Finish?

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One of the most common concerns for federal contractors is delay. Projects can fall behind schedule for a variety of reasons that are outside of the contractor’s control (government-directed changes, differing site...more

Smith Gambrell Russell

Proposed Bill Outlawing Non-Compete Agreements in New York

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A sweeping proposed bill (A1278B) amending the New York Labor Law to make unlawful any non-compete agreement has passed the state Assembly and is heading to New York Governor Hochul. If signed, the bill would cover all...more

Dorsey & Whitney LLP

DC Circuit Adopts Pro Tanto Rule for “Common Damages” in FCA Claims Involving Multiple Defendants

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The United States Court of Appeals for the D.C. Circuit recently considered the extent to which settlements in related False Claims Act cases must be offset against damages owed by non-settling parties – and the appropriate...more

Blank Rome LLP

Partial Settlement and Allocation of Damages Liability under the False Claims Act (“FCA”)

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On August 30, 2022, the D.C. Circuit Court of Appeals brought renewed attention to the conundrum of False Claims Act (“FCA”) damages by applying a pro tanto allocation rule to a partially settled case. In United States v....more

White and Williams LLP

Significant Ruling in PFAS Litigation Could Impact Insurance Coverage

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Per- and poly-fluoroalkyl substances, commonly known as PFAS, have served as a key component in numerous industrial and consumer products for decades. These “forever chemicals,” which have been associated with environmental...more

Stinson - Government Contracting Matters

DC Circuit Sets FCA Offset Standard to Limit What the Government Can Recover in USA v. Honeywell International Inc.

The civil False Claims Act (FCA) prohibits entities from fraudulently inducing the Government to contract, take or refrain from taking action, or make payment.  Under the FCA, contractors that falsely certify their compliance...more

Holland & Knight LLP

False Claims Act Damages: D.C. Circuit Says Government Cannot Keep Going Back to the Well

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False Claims Act (FCA) cases, particularly in the government contracts space, often have several defendants; prime contractors, subcontractors, vendors and individuals are all common targets. In healthcare FCA cases, with...more

Console and Associates, P.C.

Final Bellwether 3M Earplug Trial Ends at $77.5 M Verdict.

A federal jury in Florida awarded $77.5 million in damages, including $72.5 million in punitive damages, to a former soldier who filed a claim alleging that his hearing loss resulted from defective 3M Co. earplugs. The case...more

Whitcomb Selinsky, PC

Recovering Damages from Government-Caused Delays

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Project delays are not unusual throughout the duration of a contract. If the project is delayed by the government, can a contractor recover damages arising from a government-caused delay, regardless of whether the delays...more

Bass, Berry & Sims PLC

Government Contractors Face False Claims Act Liability for Cybersecurity Non-Compliance

Last week, the District Court for the Eastern District of California denied the defendant’s motion for summary judgment of a False Claims Act (FCA) count against Aerojet Rocketdyne (Aerojet) for allegedly fraudulently...more

Smith Anderson

4th Circuit Blocked Future Litigation on a Related Issue on U.S. Navy Contract

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Fourth Circuit decision reminds litigants that settlement agreements can have far-reaching effects on the relationship between the parties. A recent decision of the U.S. Court of Appeals for the Fourth Circuit addressed...more

DirectEmployers Association

OFCCP Week In Review: September 2021 #3

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

Console and Associates, P.C.

3M Earplug Lawsuit Update 2021: $1.7M Award

Jury Awards Veteran With Hearing Loss $1.7 Million in Third Bellwether Trial - A Florida jury’s $1.7 million judgment in favor of the plaintiff on June 18, 2021, handed The 3M Company its second defeat in bellwether trials...more

Husch Blackwell LLP

Perfecting A CDA Claim: Sage Advice For The Sum Certain Requirement

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If a dispute arises on a federal contract, the Contract Disputes Act requires a contractor to submit a written demand seeking as a matter of right a “sum certain” to the contracting officer as part of the claims process. What...more

Obermayer Rebmann Maxwell & Hippel LLP

[Webinar] Government Contracting Fundamentals Series: Scheduling Issues on Federal Contracts – Distinguishing Delays, Disruption...

Obermayer is excited to continue its “GovCon Examiner Live” webinar series in 2021. Over the course of the next 12 months, our experienced government contracting attorney Maria Panichelli will bring her popular GovCon...more

Obermayer Rebmann Maxwell & Hippel LLP

[Webinar] Government Contracting Fundamentals Series: Key Considerations in Federal Subcontracting - September 16th, 12:00 pm -...

Obermayer is excited to introduce its new  “GovCon Examiner Live” webinar series, your resource for the fundamentals in government contracting and small business procurement. Over the course of 12 months, our experienced...more

Obermayer Rebmann Maxwell & Hippel LLP

[Webinar] Government Contracting Fundamentals Series - Scheduling Issues on Federal Contracts: Distinguishing Delays, Disruption...

Obermayer is excited to introduce its new “GovCon Examiner Live” webinar series, your resource for the fundamentals in government contracting and small business procurement. Over the course of 12 months, our experienced...more

Burr & Forman

Email Sent After Final Payment Held Insufficient to Preserve Timeliness of Claim Against Government

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They say that hindsight is 20/20. Who is they, anyway? The old proverb means that it is easy to understand something after it has already happened. In the world of construction contracts, preservation of claims made in...more

Bradley Arant Boult Cummings LLP

No Weasel Words in Government Contract Claims Regarding Amount Claimed

Weasel words: “Words or statements that are intentionally ambiguous or misleading.” Concise Oxford English Dictionary 1635 (11th ed. rev. 2008). The Armed Services Board of Contract Appeals (ASBCA) recently dismissed in...more

Burr & Forman

Contractor Learns You Need an Expert to Join “Battle of the Experts”

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It kind of goes without saying, but you should probably bring your expert to a dispute if there is going to be a battle of the experts. One contractor recently learned this lesson to the tune of $65,000....more

Obermayer Rebmann Maxwell & Hippel LLP

Effective Prosecution of Contractor’s Claim Requires Familiarity, Experience and Acumen with the Legal Requirements Specific To...

A recent Armed Services Board of Contract Appeals case has highlighted the importance of understanding the legal theories, judicial procedures, and evidentiary requirements unique to government contracting, if a contractor...more

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