Government Contracts

Bid Protest Spotlight: Affiliate Experience, JV Registration

In this month's bid protest roundup, James Tucker at MoFo offers takeaways from a decision that considered the rule governing offeror reliance on affiliate experience and past performance, and discusses bid protest decisions that considered similar solicitation terms but reached opposite conclusions about whether joint venture registration in the System for Award Management was required.

How In-House Counsel Can Better Manage Litigation Exposure

In anticipation of economic downturn and increased litigation volume, the true struggle for an in-house team is allocating their very limited and valuable attentional resources, but the solution is building systems that focus attention where it can be most effective in delivering better outcomes, say Jaron Luttich and Sean Kennedy at Element Standard.

Beware Broad Scope Of Gov't Contract PAC Contribution Ban

With the midterm elections quickly approaching, businesses looking to contribute to independent expenditure-only political action committees should note the broad definition of "government contract" in a spate of recent federal enforcement actions finding campaign law violations, say attorneys at Akin Gump.

Practical E-Discovery Lessons From The Alex Jones Case

The accidental disclosure of mobile phone data during the Alex Jones defamation damages trial underlines the importance of having in place a repeatable e-discovery process that includes specific steps to prevent production of data that may be privileged, sensitive or damaging to the case, say Mike Gaudet and Richard Chung at J.S. Held.

The Ethical Risks For Lawyers Accepting Payments In Crypto

Ohio recently became the fifth jurisdiction to provide attorneys guidance on accepting cryptocurrency as payment or holding cryptocurrency in escrow, but lawyers should beware the ethics rules such payments may implicate, and consider three practical steps to minimize the risks, say Hilary Gerzhoy and Jared Marx at HWG.

Preparing For SBA's Vet-Owned Biz Certification Overhaul

Companies affected by the Small Business Administration’s recent proposal to create a governmentwide certification program for veteran-owned small businesses can avoid delays in their eligibility for contracts outside the U.S. Department of Veterans Affairs by self-certifying before that option is eliminated in January, say Beth Gotthelf and Derek Mullins at Butzel Long.

Envisioning Metaverse-Based Litigation In The Real World

Attorneys should entertain the possibility of the metaverse becoming a matter of interest in real-world courts by considering what could cause actions outside the virtual world and digital forensics hurdles to be cleared in demonstrating the offense, identifying the culpable parties and collecting damages, say consultants at Keystone Strategy.

Narrower Vax Mandate Block Muddles Contractor Compliance

The Eleventh Circuit's recent decision in Georgia v. President of the United States, narrowing a nationwide injunction that prevented enforcement of the federal contractor COVID-19 vaccine mandate, leaves behind six different injunctions, and an uncertain compliance landscape for contractors, say attorneys at Jenner & Block.

Opinion

ABA Stance On Role Of Nonlawyers Is Too Black And White

The American Bar Association's recent resolution affirming its long-standing opposition to nonlawyers owning law practices or receiving shares of legal fees overstates the ethical, professional and regulatory challenges — and ignores the potential benefits — of allowing nonlawyers greater participation in the legal industry, say Peter Jarvis and Trisha Rich at Holland & Knight.

Federal Guidance Holds Warnings For Telehealth Practitioners

Recent alerts from the U.S. Department of Justice and U.S. Department of Health and Human Services' Office of Inspector General indicate that telemedicine fraud remains a top priority for government agencies, so providers should make sure that they structure their offerings appropriately, especially if they offer services across state lines, say Jim Hoover and Robin Mark at Burr & Forman.

Eli Lilly Verdict Offers Insight Into FCA Scienter Battle

Although a Chicago jury's $61 million verdict against Eli Lilly for False Claims Act violations is significant, more important is the fact that the case rejected the scienter loophole created by the 2021 Seventh Circuit decision in U.S. v. SuperValu, illustrating the controversy surrounding SuperValu's reach, say Leah Judge and Marlene Koury at Constantine Cannon.

DOL Ruling Could Throttle Contractor Audit Challenges

Secretary of Labor Marty Walsh's first use of new review powers to rule that the Office of Federal Contract Compliance Programs need not prove it used a neutral plan to select targets for desk audits may prevent many contractors from using the Fourth Amendment to challenge OFCCP compliance evaluations, says Evan Szarenski at DCI Consulting.

Harnessing The Power Of Big Data In Litigation

The growth in the volume, scope and utility of available data — with vendors tracking and selling data, and government releasing large data sets — requires consideration of new data analysis approaches and technological tools that can help provide objective insights in litigation matters, answer key liability and damages questions, and support critical discovery efforts, say analysts at Bates White.

How Law Firm Operations Can Adjust To New COVID Realities

Given that COVID-19 may be here to stay, law firms must once again rethink their office policies and culture to adapt to new trends and the permanent lifestyle changes that many attorneys and employees have made, say Kami Quinn and Adam Farra at Gilbert.

How Claims Court Ruling May Expand Bid Protest Avenues

​The U.S. Court of Federal Claims’ recent Hydraulics International v. U.S. decision, which found there was sufficient nexus between an Other Transaction Authority and future procurement to support the court's jurisdiction, could lead to future litigation solidifying the claims court as the forum for bid protests over the earliest stages of an OTA process, say attorneys at WilmerHale.