News & Analysis as of

U.S. Navy

Ninth Circuit Decision Expands U.S. Jurisdiction for International Nuclear Liability - The Ninth Circuit allowed U.S. service...

On June 22, 2017, a three-judge panel on the Ninth Circuit issued a unanimous decision in Cooper v. Tokyo Electric Power. The case is unique as it is the only claim brought in the United States for damages arising out of the...more

Department of Defense and Federal Energy Procurement Programs Remain Attractive

by Holland & Knight LLP on

The Trump Administration promotes an "all of the above" energy strategy, but many of the Administration's actions to date seem to favor coal and fossil fuels at the expense of clean and innovative energy solutions. Although...more

Biofuel Mandates Escape Current EPA Scrutiny

by Sullivan & Worcester on

The Renewable Fuel Standard (RFS) is a regulatory program administered by EPA that requires petroleum-based transportation fuel sold in the U.S. to contain a minimum volume of various categories of biofuels. The program’s...more

This Week in FCPA-Episode 53, the I left my heart in San Francisco edition

by Thomas Fox on

This week, Jay and I have a wide-ranging discussion on some of the week’s top compliance related stories. We discuss: 1. Brazilian President Temer comes under corruption fire? 2. The turmoil at FIFA continues as FIFA’s...more

West Coast Real Estate Update - May 2017 - #2

by Holland & Knight LLP on

Federal Court Upholds Termination of Navy Lease Bid Due to Environmental Concerns - In Open Spirit, LLC v. United States, No. 15-370C (Fed. Cl. filed April 28, 2017), the U.S. Court of Federal Claims upheld the...more

Weekly Update Newsletter - March 2017

by PilieroMazza PLLC on

GOVERNMENT CONTRACTS - Presidential Executive Order on Enforcing the Regulatory Reform Agenda - This Executive Order instructs the head of each agency to designate an agency official as its Regulatory Reform Officer...more

GAO Upholds Waiver(s) of OCI Allegations

by Bass, Berry & Sims PLC on

On January 30, the U.S. Government Accountability Office (GAO) issued its decision denying Concurrent Technologies Corp.’s (CTC) protest of the U.S. Navy’s award of a support contract for the Navy Manufacturing Technology...more

U.S. Military Special Operations Command Workers’ Data Exposed by Vendor

Military personnel continue to be victimized by data breaches. This time, the personal information of healthcare workers employed by Potomac Healthcare Solutions (Potomac), who work for a U.S. Special Operations Command were...more

Follow – and Expand? – the Fleet

by Holland & Knight LLP on

It is a fundamental precept of military planning that naval operations are a capital-intensive endeavor, given the long time involved in the design and construction of the ships of the U.S. Navy's fleet. The Navy currently...more

Government Contractor Defense May Apply to Commercially Available Products

by Wilson Elser on

The California Court of Appeal has confirmed that the “government contractor” defense may apply to products made available to both the federal government and commercial markets, even where the defendant did not design or...more

U.S. Navy Announces Breach of 134,386 Sailors’ Information from Laptop of Vendor

The U.S. Navy has revealed that it has been notified by one of its vendors that a laptop of the contractor was the source of a data breach that compromised the names and Social Security numbers of 134,386 current and former...more

Asbestos Alert: Government Contractor Defense Available to Broker Which Arranged for Asbestos-Containing Insulation to Be Provided...

by Low, Ball & Lynch on

California Court of Appeal, First Appellate District (November 22, 2016) - The Government Contractor defense is available in asbestos lawsuits brought against manufacturers and suppliers of military hardware and...more

Creditors and Debt Collectors Should Pay Close Attention to the CFPB’s Consent Order with Navy Federal Credit Union

The Consumer Financial Protection Bureau (CFPB) announced a consent order with Navy Federal Credit Union (Navy Federal) on October 11, 2016. While financial institutions should always analyze CFPB consent orders closely and...more

Ninth Circuit Finds Navy’s Low Frequency Active Sonar Program Violates Marine Mammal Protection Act

by Perkins Coie on

In NRDC v. Pritzker, the U.S. Court of Appeals for the Ninth Circuit confirmed that the Marine Mammal Protection Act’s (MMPA) incidental take authorizations will be construed narrowly and conservatively, giving the benefit of...more

Federal Claims Court Holds that Government’s Actual Knowledge of Contractor’s Delay and Acceleration Excuses Technical...

by Pepper Hamilton LLP on

Nova Group/Tutor-Saliba v. United States, 125 Fed. Cl. 469 (Fed. Cl. Mar 16, 2016) - The United States Naval Facilities Engineering Command (the “Navy”) contracted with the joint venture of Nova Group and Tutor-Saliva...more

D.C. Circuit Upholds Public-Disclosure-Bar Dismissal Based On Information Posted to Websites

by Dorsey & Whitney LLP on

Last week, the U.S. Court of Appeals for the D.C. Circuit upheld a district court’s dismissal of a qui tam action under the oft-litigated, “public disclosure bar,” where the transactions that gave rise to an inference of...more

Energy Storage Gets a Boost from Federal and Private Sector Actions

by Latham & Watkins LLP on

On June 16, 2016, the White House hosted a Summit on Scaling Renewable Energy and Storage with Smart Markets. As a backdrop to the Summit, the Obama Administration announced new executive actions and 33 public and private...more

Who Assumes the Risk of Material Cost Increases? As Always, It Depends!

by Burr & Forman on

When a client asks me about a particular contract provision and why it is “unfair” or “uneven”, we began a discussion about risk allocation. You see, the contract is used to shift the various risks on the project to the party...more

Ninth Circuit Rules Navy Satisfied NEPA in Considering Terror Threat to San Diego Facility

by Perkins Coie on

The U.S. Court of Appeals for the Ninth Circuit last week rejected a claim under the National Environmental Policy Act that the Navy did not adequately consider the environmental consequences of a potential terrorist threat...more

DOJ Intervenes In FCA Suit Against Subcontractor That Allegedly Failed to Comply With Specifications

by Dorsey & Whitney LLP on

A recently unsealed False Claims Act case in Maine alleges a roof contractor knowingly failed to use materials that complied with the prime contracts for renovation of government buildings. According to the complaint filed by...more

Navy Launches “Great Green Fleet” Featuring Biofuel Powered Ships

by Bergeson & Campbell, P.C. on

On January 20, 2016, U.S. Navy (Navy) Secretary Ray Mabus and U.S. Department of Agriculture (USDA) Secretary Tom Vilsack launched a Carrier Strike Group (CSG) of ships running up to 50 percent biofuels as part of the "Great...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

by Dentons on

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

An Offer They Can Refuse: SCOTUS Takes Some Power Away From Offers For Complete Relief

by Fisher Phillips on

Today, the Supreme Court limited employers’ ability to proactively and inexpensively end class action litigation before it takes off. In a 6 to 3 decision, the Court held that a defendant making a complete offer of relief to...more

Court Denies Counsel’s Attempt To Use Confidential Documents Obtained In Reinsurance Arbitration In Separate Litigation

by Carlton Fields on

A reinsurer that was engaged in a London arbitration against a captive insurer of a defense contractor for the U.S. Navy had obtained documents from the Navy subject to a an agreed confidentiality protective order limiting...more

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