Author Archives: Alston Government Contracts Team

Alston Government Contracts Team
The lawyers in Alston & Bird’s Government Contracts Group frequently assist clients in all types of matters involving the negotiation, performance and litigation of government contracts, whether based on the FAR or other federal, state or local regulations.  Read More →

UnitedHealthcare Wins Medicaid Bid Protest Case

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On April 10, 2018, the Pennsylvania Commonwealth Court ruled in favor of our client, UnitedHealthcare, in their case against the state Department of Human Services (DHS) for violating the state’s procurement code during a 2015 bid process for the $12 billion in Medicaid physical health services contracts. UnitedHealthcare, a Medicaid provider in the state at the time but not reselected for any areas, protested the bid selections after the discovery of a secret December 2016 meeting of state officials and two top executives of another bidder who ultimately won a contract. The DHS denied UnitedHealthcare’s [...]Read more

Jeff Belkin Quoted by Law360 on Leaked DOJ FCA Memo

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On January 25, 2018, Jeff Belkin was quoted by Law360 in the article “FCA Memo No Proof of New DOJ Direction on Dismissals,” which covers a recently leaked memo from the U.S. Department of Justice (DOJ) detailing when DOJ attorneys should ask to dismiss “meritless” qui tam False Claims Act cases. The article covers varying viewpoints about what the impact of the memo will be on future FCA cases. Many FCA defense attorneys have reacted positively, some saying that the memo does suggest a change in policy. Others have reservations and remain unconvinced of actual policy changes. In the article, [...]Read more

Chris Roux and John Hanover Published in The Construction Lawyer on Implied False Certification Liability

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Alston & Bird partners Chris Roux and John Hanover had their article, “Implied False Certification Liability Under the False Claims Act: How the Materiality Standard Offers Protection after Escobar,” published in the Winter 2018 edition of The Construction Lawyer. The article takes an in-depth look at the viability of implied false certification claims under the False Claims Act by examining their use before and after the U.S. Supreme Court’s Escobar decision, the key elements of the decision, and how varying interpretations of the decision apply to the construction industry. Readers [...]Read more

Chris Roux Quoted in Law360 on Trump’s Infrastructure Plan

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On August 18, Alston & Bird Construction & Government Contracts partner Chris Roux was quoted in the Law360 article “Trump Infrastructure Order Shows Strategy Without Clear Plan.” The article discusses the potential impact of President Donald Trump’s August 15 Executive Order that was intended to push the government to complete environmental reviews to approve or deny major infrastructure projects within a two-year time frame, on average. The Executive Order also repeals an order signed by President Barack Obama in 2015 that required federal agencies and developers to factor in climate [...]Read more

Breana Ware Quoted in The Christian Science Monitor

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On May 17, Alston & Bird Construction & Government Contracts associate Breana Ware was quoted in The Christian Science Monitor article “For Builders, Trump’s Wall Beckons but Is Fraught with Political Risk.” The article discusses how political pressure from state legislatures and activists has been focused directly on some of the largest and best-known design, engineering, and construction firms that are qualified to complete President Trump’s proposed border wall. Such pressure, in the form of protests and proposed and passed state antiwall legislation targeting participating companies, [...]Read more

Alston & Bird Partners Secure Dismissal from Delaware Qui Tam Suit

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On Friday, April 21, Alston & Bird obtained the dismissal of claims against two publicly traded retail companies, Ralph Lauren and Ruth’s Hospitality, from a qui tam lawsuit the State of Delware had intervened in. The retailers, along with nearly a dozen others, were named in State of Delaware v. Card Compliant, et al., pending in the Superior Court of the State of Delaware. The state was alleging violations of the Delaware False Claims and Reporting Act resulting from alleged noncompliance with Delaware’s Escheats Law involving unused gift card balances. In Friday’s ruling, Superior [...]Read more

Chris Roux Published in Law360 on Trump’s Infrastructure Plan

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On April 7, Law360 published “Trump’s Infrastructure Plan: Getting The Show On The Road,” written by Alston & Bird Construction & Government Contracts partner Chris Roux.  In the article, Chris lays out the promises regarding infrastructure spending made by President Donald Trump during his campaign and the actions the Trump administration has taken that support and contradict those commitments. Chris then discusses some of the many questions and difficulties surrounding the plan and outlines three key needs that will be critical to successful implementation. These include: Creating [...]Read more

Alston & Bird Advisory: Highlights of the OIG’s 2017 Work Plan

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In coordination with Alston & Bird partners Dawnmarie Matlock and Wade Pearson Miller and other authors, Construction & Government Contracts associate Erica Harrison Arnold contributed to the Alston & Bird Health Care and Health Care Litigation advisory “New Initiatives for the New Year: Highlights of the OIG’s 2017 Work Plan.” The advisory focuses on new OIG HHS initiatives and projects in the 2017 Work Plan that companies in the health care industry should take special note of when planning their business strategies, risk assessments, internal audits and compliance efforts for [...]Read more

The Washington Post Quotes Jeff Belkin on Obama Order on Contractor Workplace Violations

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On August 31, Alston & Bird Construction & Government Contracts partner Jeff Belkin was quoted in the Washington Post article “Obama Order on Contractor Workplace Violations Takes Effect Soon, Despite Objections.” The article discusses some of the issues surrounding the Fair Pay and Safe Workplaces Executive Order that will compel potential government contractors to report violations covering 14 workplace protections from the previous three years. As indicated by Belkin, the new regulations could turn into a “blacklisting rule” that may shut out “many highly capable, ethical and [...]Read more

Corporate Counsel Quotes Clare Draper on Final “Blacklisting” Rule for Government Contractors

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On August 25, Alston & Bird Labor & Employment partner Clare Draper was quoted in the Corporate Counsel article “New ‘Blacklisting’ Rules for Contractors Add Compliance Burden for Companies.” The article explains what the Fair Pay and Safe Workplaces Executive Order, or so-called “blacklisting rule,” would do and examines some of the anticipated effects. Draper was quoted as saying the firm expects the regulations “to bring about complex compliance issues on a variety of levels to both large and small companies, leaving them increasingly vulnerable to risk.” To learn [...]Read more