We recently authored an article on False Claims Act (FCA) enforcement actions brought against pharmaceutical and medical device manufacturers during the past year. In the article, we analyzed the recent settlements for Ansun Biopharma, Inc. (formerly known as NexBio, Inc.); Smith & Nephew, Inc.; McKesson Corporation; and Stryker Corporation and Alliant Enterprises.
The article, “…
I recently co-authored an article with my former colleagues at Crowell & Moring, Angela Styles, Peter Eyre and Jason Crawford, reviewing how a notice of proposed debarment under the procurement regulations came to have the same impact as a suspension. In the article we suggest that agencies increase the use of show cause notices, and…
I recently co-wrote an article with John Kelly, Lindsey Fetzer and Shuchi Parikh that outlined three recent cases in which the Department of Justice pursued joint criminal and civil action against a government contractor. In the article we discuss these cases and provide guidance on what government contractors can do to avoid exposure to both…
Bass, Berry & Sims attorney Bob Horton authored the article, “Affirmative Action Plans – Your Common Questions Answered,” that was published by Contract Management magazine in the January 2015 issue. In the article, Bob answers some of the most common questions that are asked when a company is tasked with preparing an affirmative action plan.…
Bryan King, Amy Sanders and Shannon Wiley teamed up to author an alert titled, “RAC Dispute Could Have Far-Reaching Effects on Government Contracting” that was published by Bass, Berry & Sims on December 4, 2014. The article investigates the recent ruling by the U.S. Court of Federal Claims in CGI Federal Inc., v. United States,…
I recently co-wrote an article with John Kelly and Lindsey Fetzer that outlined three recent cases (Leidos Holdings Inc., Boeing Company, DRS Technical Services Inc.) in which government contractors were accused of noncompliance under the False Claims Act (FCA). In the article we analyze these cases and provide guidance on what government contractors can do…
Government contractors must always be vigilant of prosecution under the False Claims Act (FCA). Charges and settlements are brought and announced in the news daily against government contractors for violations of this Act. On October 30, we published a client alert, Government Contractors Beware: Increased FCA Enforcement in Government Contracts, discussing recent cases and…
In the October 2014 issue of Service Contractor magazine, I authored the article “Will ‘Innovation’ Return to the Small Business Innovation Research Program?” In the article, I outline the recent changes that were implemented to the Small Business Innovation Research (SBIR) program and highlight challenges that remain for an important R&D tool for small businesses.…
On October 20, Law360 published an article that I authored titled “A Large Loophole in the Ostensible Subcontractor Rule.” In the article, I analyze a contractor’s ability to file an ostensible subcontractor size protest under a task order award, as addressed in two recent cases (Strata-G Solutions and U.S. Information Technologies Corp.) before the Small…
In the November 2014 issue of Contract Management magazine, I wrote an article titled “Preparation is Key to a Successful Novation” that outlines how companies can successfully transfer a federal government contract through a process called novation. In the article, I describe the common problems that can arise in the novation process and how best…
