DOJ Advocates for Dismissal of False Claims Act Case, Urges SCOTUS Not to Clarify Escobar Materiality Standard

▪ Written by
In an unusual amicus brief, DOJ urged the Supreme Court of the United States not to grant certiorari in Gilead Sciences, Inc. v. United States ex rel. Campie because “continued prosecution of the suit is not in the public interest.”  DOJ argued that, should the case be remanded, it would ultimately seek dismissal itself under 31 U.S.C. § 3730(c)(2)(A). Presciently, Jeff Belkin and Mike Mortorano wrote for Law360 here about seeking DOJ dismissal of False Claims Act cases under that little-used provision, noting that DOJ may be sensitive to “closing off a legal theory of recovery in future [...]Read more

Jeniffer Roberts Quoted in Law360 Regarding Telecom Security Flaws

▪ Written by
Alston & Bird partner Jeniffer Roberts was quoted in Law360 on October 31, 2018 in the article, “Telecom Security Flaws Targeted With Bans, Compliance” The article takes a look at the telecom industry with a focus on cybersecurity threats on every level of communications networks.  It explains that uncertainly is rising over whether more aggressive rules may push smaller and new contractors to leave the telecom sector—which would have the effect of slowing overall network development.  Industry experts suggest that the telecom sector could see the most harm if the government imposes [...]Read more

Jeremy Silverman and Mark Wade, Jr. Published in the National Law Journal on Key Issues for Federal Contractor M&A Transactions

▪ Written by
Alston & Bird partner Jeremy Silverman and associate Mark Wade, Jr. were published in the November 2018 edition of The National Law Journal. Their article, “Three Hot Topics for Federal Contractor M&A Transactions,” takes a look at certain key legal and business issues that are unique in M&A transactions involving federal government contractors. Readers interested in how small-business considerations, audit risk, and foreign ownership considerations play a role in GovCon M&A transactions would find the insight provided in the article to be particularly relevant. The article [...]Read more

Alston & Bird 2018 GovCon Briefing and CLE: Washington, D.C.

▪ Written by
On October 24, the Government Contracts team at Alston & Bird hosted its inaugural briefing in Washington, D.C. discussing the latest developments and industry updates in the government contracts space.  Presenters included Jeff Belkin, Jeniffer Roberts, Jessica Sharron, Jeremy Silverman, Andy Howard, Mike Mortorano and Katherine Veeder. The topics addressed were a variety of industry developments and key areas that are particularly salient in the current GovCon market.  Jeremy Silverman and Jeniffer Roberts provided a valuable bridge between the GovCon world and the M&A market by [...]Read more

Jeniffer Roberts Quoted in Bloomberg Federal Contracting News Regarding Kaspersky Ban

▪ Written by
Alston & Bird partner Jeniffer Roberts was quoted in Bloomberg Federal Contracting News on October 1, 2018 in the article, “Defying Kaspersky Ban Could Trigger Plethora of Punishments.” The article takes a look at the effects that could impact federal contractors that don’t comply with the government-wide ban on Kaspersky Lab software. The ban is part of the 2018 National Defense Authorization Act (Public Law 115-91), which is a result of the government concluding that Russia-based Kaspersky Lab could be used by the Russian government for cyber intrusion. “It is clear that based [...]Read more

DOJ Crackdown on False Certification for Small Business Set-aside Award

▪ Written by
As discussed in prior blog posts, the DOJ over the last few years has continued to crack down on small-business contracting fraud, including “pass through” and “sham” contracting schemes. This trend has continued, and the DOJ recently cracked down on a subcontractor’s false certification for a government small-business set-aside program. On May 3, 2018, the DOJ announced that MassTech Inc. (MTI) and its CEO and CFO agreed to pay the United States $1.9 million to resolve allegations that MTI falsely certified it was a small business concern in order to obtain a Small Business Innovation [...]Read more

Jeniffer Roberts and Katherine Veeder Published in Law360 Regarding Ongoing DFARS 252.204-7012 Implementation

▪ Written by
Alston & Bird partner Jeniffer Roberts and senior associate Katherine Veeder were published in Law360 on June 1, 2018 with their article, “Still Looking for Clarity in DOD Information Security Rule.” The article takes a look at the recently issued guidance related to DFARS 252.204-7012, “Safeguarding Covered Defense Information and Cyber Incident Reporting,” offers their insight on how contractors and subcontractors alike are reacting to the new security requirements, and provides practical advice to contractors and subcontractors affected by the clause. Read the full article. Jeniffer [...]Read more

UnitedHealthcare Wins Medicaid Bid Protest Case

▪ Written by
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

Trump’s Proposed Infrastructure Plan: Is It Much More Than It Seems?

▪ Written by
President Trump released his long-awaited infrastructure plan last week, and like most things that come out of the White House, it was overshadowed by the partisan politics that dominate our government. The plan has been decried as a “farce,” a “scam,” and “underwhelming” by some. Most of the criticism focuses on what is perceived to be a modest amount of federal funding—$200 billion—committed by the White House as well as the significant reliance on state and local funding sources and private investment. However, an argument can be made that the plan is about much more than the [...]Read more

Jeff Belkin Quoted by Law360 on Leaked DOJ FCA Memo

▪ Written by
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