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Civil Remedies Administrative Agency Government Contracting

Read Civil Remedies updates, alerts, news, and legal analysis from leading lawyers and law firms:
King & Spalding

Court Finds Provider Failed to Exhaust Administrative Remedies in Suit Against Government Contractor for Withheld Reimbursement

by King & Spalding on

On August 28, 2017, the United States District Court for the Eastern District of Michigan held that a provider must fully exhaust administrative remedies before it can seek a remedy in Federal court against a Medicare...more

Bilzin Sumberg

Changes to Public Records Act Reshape Duties of Government Contractors

by Bilzin Sumberg on

Recent amendments to Florida's Public Records Act both clarify and alter a contractor's responsibilities under the Act. The 2016 amendment to the Act applies to contracts with a public agency entered into or amended on or...more

Foley & Lardner LLP

Wisconsin Court of Appeals Enforces Parties’ Stipulation to Remedies and Waiver of Judicial Review in Administrative Proceeding

by Foley & Lardner LLP on

While many of us spent this past Halloween gorging on a variety of candies and sweets, Wisconsin’s court of appeals was busy rendering an opinion that likely left Travis Technology High School (“Travis Tech”) with a decidedly...more

Bradley Arant Boult Cummings LLP

ABC Files Lawsuit Challenging “Blacklisting” Executive Order

As we recently reported, the Federal Acquisition Regulatory (FAR) Council has published a final rule, effective October 25, 2016, implementing the Fair Pay and Safe Workplaces Executive Order (also known as the “blacklisting”...more

PilieroMazza PLLC

Cancelled Solicitation: What Can A Government Contractor Do?

by PilieroMazza PLLC on

Proposal preparation can be a difficult and expensive process. On top of the normal challenges of spending thousands of dollars preparing what a contractor hopes is a successful proposal, they also face the risk of an agency...more

Baker Ober Health Law

The Pitfalls of Settling Qui Tam Lawsuits

by Baker Ober Health Law on

In a recent federal court case, the federal government and the State of California successfully enforced an oral settlement agreement of a qui tam lawsuit against a health care provider. United States v. North East Medical...more

Morrison & Foerster LLP

The FCA and the Ever-Narrowing Public Disclosure Bar

by Morrison & Foerster LLP on

On February 25, 2015, the Sixth Circuit became the latest federal court of appeals to weigh in on the scope of the False Claims Act’s (FCA) public disclosure bar in its decision in United States ex rel. Whipple v....more

Dorsey & Whitney LLP

SEC Brings Its Sixth Insider Trading Action As An Administrative Proceeding Since September

by Dorsey & Whitney LLP on

The SEC is clearly bringing more cases as administrative proceedings. To be sure, many of its “broken windows” actions are brought in that forum. At the same time, it is brining other cases which are traditionally brought as...more

Cohen Seglias Pallas Greenhall & Furman PC

Court Upholds Rights of Small Business Dredging Contractors

In a bid protest argued by our firm before the United States Court of Federal Claims on September 23, 2014, the Court ruled in favor of our client, RLB Contracting, Inc., (RLB) in a matter involving the designation of the...more

Cathal N. Young, O'Reilly & Co. Solicitors &...
Shell E & P Ireland Ltd v McGrath & ors

Judgement in Shell E & P Ireland Ltd v McGrath & ors

2.1 Shell issued proceedings against the six named defendants on the 4th March, 2005 with a statement of claim being delivered on the 18th April. Damages were sought together with various orders restraining the defendants...more

Proskauer - Whistleblowing & Retaliation

2/3 Of DOJ’s Nearly $5 Billion Recovery Under False Claims Act Derived From Whistleblower Suits in 2012

On December 4, the Justice Department announced a record-breaking recovery of $4.9 billion in settlements and judgments in civil cases brought under the False Claims Act (FCA) for the fiscal year ending September 20, 2012....more

King & Spalding

Hospitals Win a Case Challenging CMS Policy to Include Part C Days in the SSI Fraction in the Medicare DSH Formula

by King & Spalding on

On November 15, 2012, the United States District Court for the District of Columbia released a 33-page opinion ruling in favor of a group of hospitals that had challenged CMS’s policy of including Medicare Part C patient days...more

Morgan Lewis

Government Sanctioned for Destruction of Documents

by Morgan Lewis on

U.S. district court decision may now allow defendants in False Claims Act cases to obtain sanctions where potentially relevant documents are lost or destroyed due to the government's failure to issue a timely litigation...more

Morrison & Foerster LLP

Federal Appeals Court Says Estimates in Government Bids Can Be Actionable As False Claims

by Morrison & Foerster LLP on

The Ninth Circuit issued an opinion last week in which it held that knowingly making “false estimates” in connection with a bid for a government contract may be actionable under the False Claims Act (“FCA”), 31 U.S.C. §§3729...more

Michael Volkov

Lessons Learned for the SEC from the False Claims Act and Whistleblowers

by Michael Volkov on

If you want to see how the SEC’s whistleblower program may look in a few years, all you need to do is take a look at the False Claims Act and the role that whistleblowers play in the enforcement of the...more

McDermott Will & Emery

No Damages Under FCA When Government Gets What It Pays For

by McDermott Will & Emery on

A recent appellate decision could impact how damages are calculated in implied false certification suits where a defendant fails to comply with a condition of payment, yet provides adequate services. In United States ex rel...more

Saul Ewing Arnstein & Lehr LLP

The D.C. Circuit Empowers Relators in Qui Tam Actions in United States ex rel. Schweizer v. Océ N.V.

As discussed in the March 2012 edition of the White Collar Watch, the case of United States ex rel. Schweizer v. Océ N.V. highlights the tension between the interests of qui tam relators and the United States Department of...more

Eversheds Sutherland (US) LLP

Legal Alert: State and Local Government Contractors in Georgia Face False Claims Act Liability Formerly Seen Only on Federal Jobs

Effective July 1, 2012, Georgia’s new Taxpayer Protection False Claims Act (Act) applies to contractors from any industry doing business with Georgia state or local governments. The Act creates a framework for false claims...more

Pillsbury Winthrop Shaw Pittman LLP

Significant Changes to California's Mechanics Lien Law Coming July 1, 2012

Effective July 1, all of the existing statutes governing mechanics liens, stop notices and payment bonds in California will be repealed and replaced by updated statutes. In September 2010, Governor Edmund G. Brown, Jr....more

Sheppard Mullin Richter & Hampton LLP

Avoiding "Embarrassment" In Contract Disputes Act Litigation: Routine vs. Non-Routine Requests For Payment

Contractors pursuing claims against the government under the Contract Disputes Act (“CDA”) can often fall victim to the jurisdictional pitfalls of the Act from the very start of the claims process, i.e., with the claim...more

Farella Braun + Martel LLP

Choice Deprives Public Entity of Attorneys’ Fees on Stop Notice

by Farella Braun + Martel LLP on

The California Court of Appeal clarified the law on a public entity’s right to recover attorneys’ fees in connection with its withholding of funds from a general contractor because of a stop notice filed by a subcontractor. ...more

Patterson Belknap Webb & Tyler LLP

In FCA Case, Court Finds Civil Penalties Would be Unconstitutional

Recently, a federal district court issued a ruling that could have a substantial impact on future qui tam claims brought under the False Claims Act ("FCA"). In United States of America ex rel. Bunk v. Birkart...more

Sheppard Mullin Richter & Hampton LLP

Protesting at ODRA?: Learning the Lay of the Land

Your company submitted a proposal to the Federal Aviation Administration (“FAA”) to provide widgets and related services. The opportunity had corporate visibility and was critical to your sector’s bottom line. After several...more

Sheppard Mullin Richter & Hampton LLP

The Supreme Court To Decide Whether FOIA Responses Trigger The False Claims Act's Public Disclosure Bar

The Supreme Court recently heard oral argument in a case testing the scope of the False Claims Act’s public disclosure bar. The False Claims Act (“FCA”) is the government’s primary weapon against waste, fraud, and abuse in...more

Sheppard Mullin Richter & Hampton LLP

Let Bygones Be Bygones - Except When It Comes To "Out of Scope" Modifications

After an unsuccessful bid protest, many contractors assume that their chance at getting a piece of the action has passed. They assume that they have exhausted their remedies and that all of the spoils inevitably will go to...more

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JD Supra Privacy Policy

Updated: May 25, 2018:

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Information for EU and Swiss Residents

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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California Privacy Rights

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Changes in Our Privacy Policy

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Contacting JD Supra

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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