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Covington.CovingtonFullname
“An impressive bench of experienced and highly skilled government contracts practitioners,” Covington’s Chambers ranked government contracts group represents clients in all aspects of the public procurement process.
From large aerospace and defense contractors to growing NGOs, we help clients solve problems and secure opportunities.
With global teams of experts who cut across traditional practice groups (such as white collar, product liability, IP, and life sciences) we resolve our clients’ most intricate problems efficiently and creatively.
When USAID issued a $2 billion procurement for consulting services related to economic growth and poverty reduction, we protested the terms of the solicitation. Our protest convinced the agency to abandon its use of the “low cost, technically acceptable” evaluation scheme by arguing that LPTA was inappropriate for the complex, high-stakes services being sought.
Obtained what is likely the largest single award in the 150-year history of the Court of Federal Claims: a $1 billion judgment on behalf of 11 plaintiffs in claims against the U.S. government seeking monetary recovery for the government’s breach of contract. The award was affirmed by the Federal Circuit.
Successfully represented a major defense contractor, through trial and decision, in board of contract appeals litigation involving the allowability of private security costs allegedly incurred in connection with providing logistical support to the U.S. military during the Iraq War. The case raised cutting-edge cost allowability, contractor-on-the-battlefield, and statute of limitations issues.
For pharmaceutical companies entering into R&D contracts, grants, and cooperative agreements with BARDA, NIH, and DTRA, we have successfully developed and implemented strategies for protecting our clients’ intellectual property. We have helped our clients limit or avoid government IP rights through the use of alternative contracting vehicles, specially negotiated contract clauses, properly drafted statements of work, and other means. We have also obtained waivers of U.S. manufacturing requirements under the Bayh-Dole Act.
Through a jury trial in the Eastern District of Virginia, successfully represented a Schedule contractor accused of submitting fraudulent commercial pricing data in violation of the False Claims Act (FCA). The Fourth Circuit affirmed the jury verdict in favor of the contractor.
The SAFETY Act, administered by the U.S. Department of Homeland Security, provides liability protection to the makers and users of anti-terror technology in the event of a terror attack. We have successfully guided clients from virtually every major industry in the United States, including government contractors, airports, port authorities, chemical companies, large sports stadiums, and professional sports leagues, through the SAFETY Act application process and secured SAFETY Act protection for a wide range of technologies.
We brought bid protests in New York State administrative and judicial forums concerning redevelopment of municipal hospital property. We obtained an opportunity for our client to become the selected awardee after the procuring agency initially selected two other awardees.
We helped a major client negotiate contracts with state healthcare exchanges in Maryland and several other states, and navigate the procurement rules and risk areas unique to many state exchanges. We have also advised clients regarding intellectual property and other issues specific to state MMIS procurements.
We successfully protested the award of a multi-year statewide tire contract to our client’s competitor. We convinced the State to take corrective action, which resulted in a contract award to our client.
Represented the trustee for the City of Harrisburg, Pennsylvania as part out the workout of its debt crisis to monetize and transfer certain city assets to the private sector to help satisfy the city’s debt obligations.
For pharmaceutical, energy, and defense companies entering into R&D contracts, grants, and cooperative agreements with federal agencies (including DoD, DOE, and HHS), we have successfully developed and implemented strategies for protecting our clients’ intellectual property. We have helped our clients limit or avoid government IP rights through the use of alternative contracting vehicles, specially negotiated contract clauses, properly drafted statements of work, and other means. We have also obtained waivers of patent ownership from federal agencies, as well as waivers of the U.S. manufacturing requirements under the Bayh-Dole Act.
We have helped clients navigate state procurement systems and have handled protests in states across the country, including: California, Texas, New York, Florida, Maryland, the District of Columbia, Oregon, North Carolina, Massachusetts, Minnesota, Georgia, Colorado, Washington, New Jersey, and others.
Advised major pharmaceutical, consumer products, and energy companies, as well as universities, concerning IP rights under CRADAs for technology transfers at national laboratories.
Represented private equity firm Lindsay Goldberg and PAE as regulatory counsel in six different M&A transactions that have grown PAE to a defense contractor with annual revenue in excess of $2 billion. Our work began in 2011 with Lindsay Goldberg’s acquisition of PAE from Lockheed Martin, and continued through to PAE’s acquisitions of Defense Support Services, CSC’s Applied Technology Division, USIS’s Global Security and Solutions Business, and A-T Solutions and to Lindsay Goldberg’s 2016 sale of PAE to Platinum Equity. Our work in each of these deals has included government contracts, national security, trade controls, and anti-corruption due diligence and advice on transaction structuring, novations, and regulatory approvals.
A voluntary disclosure to USAID by one of its largest not-for-profits led the agency to suspend the entity for potential false claims and lack of internal controls, resulting in the board of directors forcing the resignation of the entity’s leadership team and hiring our lawyers to resolve the matters. When the agency refused to lift the suspension due to the lack of trustworthy internal controls and the entity was on the brink of shuttering its doors, our lawyers successfully negotiated a grand bargain to transfer nearly all of the programs, assets, and employees to another not-for-profit and settle the False Claims Act (FCA) investigation.
We defended a major supplier to transit authorities funded by the U.S. Federal Transit Administration against allegations that it was subcontracting with ineligible Minority Business Enterprises (MBEs), thus enabling our client to continue supplying the transit authorities of several major metropolitan areas.
We helped a client navigate a range of issues unique to RAC contracts with the Centers for Medicare and Medicaid Services (CMS).
We have helped major contractors navigate the specific Organizational Conflicts of Interest (OCI) rules and requirements imposed by the Centers for Medicare and Medicaid Services (CMS), the Defense Health Agency, and other agencies. When CMS rolled out its new approach to OCIs, including its new standard clause and required forms, we helped a major CMS contractor comment on key aspects of the approach.
In the wake of the failed launch of healthcare.gov, we helped a major health IT company navigate compliance and other issues related to its healthcare.gov contract and efforts to remediate the website and related IT systems.
Advised multiple sellers of military products to foreign governments through the Foreign Military Sales (FMS) and Foreign Military Financing (FMF) processes, gaining approval from the Defense Security Cooperation Agency for the sales and for using financing from FMF and commercial banks to enable the transactions.
Organized foreign counsel in 40 foreign countries to determine legal requirements governing U.S. government contractors working in country, to ensure local compliance as to business registrations, visas, employment laws, and taxes. In doing so, developed a template for determining foreign requirements and a network of local counsel to serve as a resource for the contractor.
We represented the University of California in an intense and wide-ranging investigation by the House Energy and Commerce Committee’s Subcommittee on Oversight and Investigations into alleged fraud and mismanagement at the Los Alamos National Laboratory. The investigation involved more than two dozen witness interviews and culminated in three days of hearings. At the conclusion of the investigation, the University retained its contract to manage the Laboratory.
Filed a Supreme Court amicus brief on behalf of a government contractor trade association in support of a U.S. Navy contractor being sued for unwanted text messaging. The proposed class action raised significant questions regarding the application of derivative sovereign immunity to private contractors performing work on behalf of the federal government.
When the Central Intelligence Agency (CIA) issued an RFP for cloud services, we filed a protest challenging the terms of the RFP as unduly restrictive of competition. After discussion with the U.S. Government Accountability Office (GAO), the agency agreed to amend the RFP to revise the terms at issue in the protest.
Provide ongoing support to a major banking contractor by challenging cost disallowances by the U.S. government that could interfere with the bank’s ability to provide critical banking services to military members stationed around the world.
One of our clients provides a key component of the F-35 Joint Strike Fighter. A rival contractor sued the U.S. government in the Court of Federal Claims, alleging that the component infringed its patent. We intervened on behalf of our client and persuaded the court to rule that the patent is invalid.
One of the nation’s largest construction supply companies was investigated for failing to provide the General Services Administration (GSA) with its “best pricing” for materials. Working with the company’s auditors, we were able to resolve the matter for no money based on ambiguities in the Schedule language as applied to the circumstances.
When the U.S. Coast Guard awarded a contract worth more than $1 billion for the construction and delivery of naval vessels, a competitor protested, first at the Government Accountability Office (GAO) and then at the Court of Federal Claims. We defeated both protests and preserved the award.
Our client’s award was challenged by three competitors. We defeated all three protests. We also persuaded the agency to override the automatic stay of contract performance, and then successfully defended the override before the U.S. Court of Federal Claims.
Assisted a coalition of nonprofit organizations in revising internal policies and standard subagreements to account for completely revamped uniform grant requirements that impose significant new burdens on the subaward process.
Successfully represented a major defense IT contractor in an audit of two U.S. General Services Administration (GSA) Schedule contracts by the GSA Inspector General (IG), in which the IG initially asserted a claim for the repayment of tens of millions of dollars. The matter was resolved for less than $5,000.
When the U.S. Food and Drug Administration (FDA) awarded our client a $150 million contract for IT services, two competitors protested. We successfully defended the protests, getting one dismissed for lack of interested party status and the other denied on the merits.
When the U.S. Army awarded a $200 million contract for IT services, we protested the award, arguing that the awardee had an organizational conflict of interest and gained an unfair competitive advantage by hiring a former government official. The agency took corrective action in response to the protest.
When the federal government awarded a contract worth more than $2 billion for the development and delivery of a medical countermeasure, we protested at the U.S. Government Accountability Office (GAO). After many rounds of briefing, and a hearing before GAO, the agency agreed to cancel and re-compete the majority of the contract.
When the U.S. Department of Defense (DoD) conducted a competition for an Advanced Development and Manufacturing (ADM) facility for medical countermeasures, we protested DoD’s exclusion of one of the offerors from the competitive range. The protest issues were of extraordinary technical complexity, but after several rounds of briefing, we convinced the agency to reverse course and invite the offeror back into the competition.
We successfully challenged an agency award of a contract to assist the government of Mexico in reforming its justice system, obtaining corrective action that involved new final proposal revisions. When our client won the second round award, we defended a challenge by the prior awardee, and preserved the award to our client.
We obtained a complete jury verdict for our client accused of misappropriating the incumbent’s trade secrets to win a $200 million NASA contract. The alleged trade secrets included the data generated under the incumbent’s existing NASA contract and the incumbent’s proposal data for the new contract.
When the U.S. Missile Defense Agency (MDA) awarded a contract to our client for engineering and support services, a competitor protested. We successfully defeated the protest.
When the U.S. Transportation Command issued a $1.6 billion multiple-award contract for transportation services, we protested the agency’s decision not to include our client among the awardees. After briefing and subsequent negotiations, the agency agreed to award a contract to our client.
We successfully defended a Navy prime contractor accused of misusing its subcontractor’s design data. We convinced the court that the Defense Federal Acquisition Regulation Supplement (DFARS) data rights clauses allowed the client to use and distribute the data, resulting in a complete summary judgment for our client.
Represented private equity firm Veritas Capital as regulatory counsel during its pending acquisition of Alion Science & Technology Corporation, a leading provider of engineering services to the Department of Defense. We handled government contracts, trade controls, and national industrial security due diligence.
Represented contractors in negotiating and administering contracts to design, build, finance, own, and operate energy and water and wastewater facilities on U.S. military bases, leaving the military to perform its core functions.
Removed a construction dispute involving several hundred million dollars from state to federal court, which was a superior forum for asserting various federal defenses on behalf of our government contractor client. We defeated the plaintiff’s efforts to send the case back to state court, successfully arguing that the case properly was removed under the federal officer removal statute because of the significant role played by the federal government in the construction project.
Advising a Fortune 50 company during the negotiation of an Other Transactions agreement with an Intelligence Community customer.
Negotiated the sale of satellite sports content to Army Non-appropriated Fund Activity.
Represented ThreatGRID, Inc. in its sale to Cisco Systems, Inc.
On behalf of a major pharmaceutical manufacturer, we renegotiated agreements with the National Institutes of Health (NIH) concerning IP rights arising out of the development, manufacture, and use of experimental vaccine supplies for international clinical trials, and negotiated contract terms placing on the government the risk of the client’s use of contested IP developed by another contractor.
Negotiated a creative settlement of a tort suit filed by a subcontractor arising from his imprisonment in Cuba for carrying out a USAID democracy-building program in that country. We converted that tort settlement into a contract claim by the prime contractor, and successfully negotiated payment to fully compensate the subcontractor while making the prime contractor whole.
Negotiated resolution of concerns that the contractor building the U.S. embassy in Baghdad had thousands of unauthorized deviations from specifications, which prevented the U.S. State Department’s acceptance of the sprawling compound. Demonstrated in senior-level meetings and on-the-ground inspections that the project was materially compliant, leading to acceptance and the resolution of investigations by multiple agencies and Congress.
Prevailed on the appeal of a $250 million prime-sub dispute centered on a Truth in Negotiations Act issue. This was a huge victory for the client, after having lost at the trial level using different counsel.
Our client was a small business defense contractor owned by a Small Business Investment Company (SBIC) that was nearing the end of the control period permitted under Small Business Administration (SBA) regulations. We advised a special committee of the board of directors of the client about the potential effects of various potential sale and transfer scenarios on the client’s continued small-business status, and enabled the committee to decide upon a course of action that would permit the client to continue to perform and compete for small-business set-aside contracts.
We took over a U.S. Small Business Administration (SBA) size determination proceeding for our client, an IT services provider, after previous DC government contracts counsel had failed to persuade the SBA that our client was a small business. We submitted thousands of pages of documentation and numerous position papers in what is believed to be the most complex size determination ever performed by SBA, and persuaded the agency that our client is a small business, notwithstanding its affiliation with dozens of other small businesses, thus allowing it to continue to compete for business on small business set-aside contracts.
Recovered disallowed severance costs paid by a U.S. Department of Energy (DOE) contractor to its employees when the contractor exited the contract and the employees went to work for a successor contractor. The costs were unallowable under the Federal Acquisition Regulation (FAR), but the contract contained an unusual provision, personally approved by President Truman, making virtually all costs allowable. We handled the preparation of the initial claim, the contract appeal to the Court of Federal Claims, and the appeal to the Federal Circuit, at the end of which our client recovered every penny of its severance outlay, plus interest.
Our client, a major large business provider of IT services to the federal government, discovered possible Service Contract Act compliance issues in the operations of a recently acquired subsidiary. We conducted and internal investigation and assisted the client in making a disclosure to the U.S. Department of Labor, which closed the matter without adverse financial or other consequences for our client.
We represented a major federal contractor in an oversight hearing conducted by the Senate Armed Services Committee concerning the contractor’s activities supporting overseas military operations.
We advised a large technology reseller in conducting a review and revision of its pricing practices under its Federal Supply Schedule (FSS) contract with the U.S. General Services Administration (GSA). In addition to identifying and addressing potential pricing irregularities, we successfully guided the company through an overhaul of its Commercial Sales Practices Format (CSP-1) disclosure and convinced the GSA to permit our client to implement an alternative pricing model that greatly reduced administrative burdens.
Our client sold microchips under a U.S. Air Force Foreign Military Sales (FMS) transaction to a foreign ally’s defense ministry, in a “back-to-back” sale under the Arms Export Control Act (AECA), in which the Air Force purchased the microchips from our client and then sold them in turn to the foreign defense ministry. The foreign defense ministry then sought to present warranty claims directly against our client, claiming to be a third-party beneficiary under our client’s contract with the Air Force. We waged successful litigation in federal trial and appellate courts raising issues of first impression, which established that third-party beneficiary claims are not available, given the public policy and intent of the AECA.
Advised global nonprofit organization on the appropriate classification of proposal costs claimed in connection with extensions of existing contracts and grants, as well as requirements relating to negotiation of profit under sole-source subawards for commercial items.
Assisted numerous clients with matters arising under U.S. Department of Veterans Affairs schedule contracts, blanket purchase agreements, and related national agreements, including matters relating to price reporting, drafting of proposals, interactions with federal employees, small business subcontracting, and compliance with other commercial-contracting requirements.
Represented a U.S. electronics manufacturer in federal trial and appellate courts against contract claims by a foreign sovereign government asserting third-party beneficiary rights under a Foreign Military Sales (FMS) contract. The case raised issues of first impression under the Contract Disputes Act and Arms Export Control Act (AECA).
Obtained nearly $500 million in judgments and settlements for multiple oil and gas companies in breach of contracts case against the U.S. government involving undeveloped federal oil and gas leases offshore North Carolina, Alaska, and Florida.
Advice to numerous clients regarding compliance with the statutory and contractual pricing obligations under the Veteran’s Health Care Act (VHCA), including performing gap analyses, providing policies and training, and assisting with investigations and disclosures.
Advised multiple clients on unique government contracting considerations in the sale or licensure of their life sciences portfolios to companies with a broad range of government contracting experience.
Advised multiple clients concerning the Federal Acquisition Regulation’s anti-human trafficking requirements, which were expanded in early 2015. Our advice has included creating employee policies and trainings to facilitate compliance and developing contractor compliance plans that, among other things, provide tools for monitoring subcontractor adherence to human trafficking prohibitions.
Advised multiple clients on matters arising from their negotiation and performance of manufacturing and research and development contracts relating to various pandemic and Chemical, Biological, Radiological and Nuclear (CBRN) threats, including matters relating to government indemnification or liability protection for unusually hazardous risks, compliance with cost standards and principles, and protection of intellectual property.
Counseled a major defense contractor on how to mitigate potential future tort risk during contract discussions with the U.S. government. The military wanted the contractor to provide support for a significant anti-terrorism initiative, and the contractor needed advice on how best to structure the contract to minimize its risk and maximize its protection in the event of third-party claims arising from its contract performance.
Search warrants executed simultaneously on both coasts triggered an aggressive investigation of alleged Cost Accounting Standards (CAS) violations. First, we persuaded the U.S. Attorney to terminate its criminal case. Next, we convinced the Department of Justice’s Civil Frauds division that the case had no merit. Finally, we obtained a dismissal on motion of a pending qui tam case. After winning on all fronts, the client was able to submit and recover allowable costs of defense, including legal fees.
Advised multiple for-profit clients about domestic sourcing requirements imposed under subgrants and state and local agreements through various Departments of Transportation and Energy appropriations, New Jersey Buy American requirements, and the American Recovery and Reinvestment Act of 2009.
Advised client on structuring employee secondment agreements so as to permit reimbursement of costs of shared employees and associated indirect costs under a secondment agreement during a contractual novation process in connection with an M&A transaction, enabling the client to orderly transfer employees and facilities to the purchaser and ensure continued reimbursement up to the point of final transfer.
Advised our client regarding the circumstances in which bid and proposal costs may be claimed as reimbursable costs under a USAID contract, despite agency directive purporting to make virtually all such costs unallowable.
Assisted in the structuring of multi-billion dollar bank facilities to finance the manufacture and delivery of major defense systems to foreign governments under Foreign Military Sales (FMS) contracts.
Advised a publicly-traded investment company on government contracts and national industrial security matters related to a debt financing arrangement involving a contractor with significant classified operations.
We have advised several clients concerning the statutory ban on federal contracting with “inverted domestic corporations.” Our advice has enabled these clients to arrange their business structures and operations so as to maintain contracting opportunities to the maximum extent possible.
Through the United Nations Development Program, the International Senior Lawyers Project, and the U.S. Department of Commerce’s Commercial Law Development Program, we provide procurement law expertise and training to senior procurement officials of foreign governments including Liberia, Iraq, and Afghanistan to help those countries build capacity for conducting predictable and transparent procurements. This experience allows us to provide specific, knowledgeable advice to clients wishing to pursue procurements conducted by foreign governments.
Representing an aerospace technology company in its negotiation of a Cooperative Research and Development Agreement (CRADA) with the U.S. Air Force Research Laboratory for the testing and validation of privately developed propulsion technology. Addressing key intellectual property protection issues.
Advised Fortune 50 consumer products company about its rights and obligations under a Cooperative Research and Development Agreement (CRADA) with a U.S. Department of Energy weapons lab.
Negotiated a Cooperative Research and Development Agreement (CRADA) with the U.S. Department of Defense for evaluation of innovative automotive technologies in connection with the precursor of the LMTV program.
Foreign government cyber hacking of a federal agency produced front page news and a U.S. Department of Justice (DOJ) False Claims Act (FCA) investigation of the service contractor that built and maintained the agency’s cyber security system. We rebutted allegations that critical cyber infrastructure was missing, out of date, and technically deficient. The DOJ dropped its investigation and the company made a small, five figure settlement with the agency.
Represented CVG, Inc. in its sale to Integral Systems, Inc.
Representing a large automotive parts manufacturer in its response to a show cause notice from a local transit authority customer, addressing questions regarding Disadvantaged Business Enterprise (DBE) participation.
Press reports accusing our client of using inflated labor categories on a billion dollar contract triggered an eight year False Claims Act (FCA) investigation. Eventually, our appeal to senior attorneys at the U.S. Department of Justice’s Civil Division brought an end to the FCA investigation and cleared the way for the client to negotiate an administrative settlement with the contracting agency resulting in a net payment to the client of millions of dollars.
Counseled our client, a construction material supplier, in connection with a state government construction project partially funded by federal grant funds, and persuaded the prime contractor to accept Mexican-sourced construction material consistent with applicable federal grant restrictions.
Representing a large chemical company in its negotiation of a U.S. Department of Energy (DOE) grant to construct a cathode materials production plant that supplies manufacturers of advanced lithium-ion batteries. Addressing significant property ownership and intellectual property considerations.
Obtained dismissal of a wrongful death case brought against a major government contractor for alleged gamma radiation exposure from a cargo screening device it manufactured for national security/border protection purposes. Early in the case, and only after minimal discovery, we successfully asserted the government contractor defense and convinced the trial court that the government had meaningfully reviewed and approved the product’s design specifications, that the product conformed with those specifications, and that the contractor had no knowledge of any product risks or hazards unknown to the government.
Obtained dismissal of wrongful death claims against a military support contractor following an insurgent attack on a supply convoy in Iraq. After the district court refused to dismiss the case, we successfully brought an interlocutory appeal and persuaded the court of appeals that the Defense Base Act provided an exclusive remedy and barred the employee claims.
Persuaded a district court to dismiss a tort suit brought against a large logistical services contractor for injuries sustained by a soldier on a military base in Iraq. The district court and the court of appeals agreed that the case raised political questions because of the involvement of the military that were outside the scope of judicial review.
Successfully defended a major maritime services corporation’s $160 million federal contract to modify and operate a vessel on behalf of the Navy against protests litigated to a decision on the merits at both the U.S. Government Accountability Office (GAO) and the Court of Federal Claims.
On behalf of a defense manufacturer in response to proposed debarment by the U.S. Army, conducted an internal company investigation and prepared the company’s formal response, resulting in the Army’s termination of the proposed action.
Represented a large Puerto Rican construction company and its principal in suspension and debarment proceedings before the U.S. Department of Transportation Federal Highway Administration, resulting in a decision of no debarment.
Advised a potential investor about likelihood of adverse debarment action resulting from alleged misconduct by target company’s employees.
Represented private equity firm Veritas Capital as regulatory counsel during its acquisition of EMCORE’s Space Photovoltaics business, and represented the business, which is now known as SolAero Technologies Corp., during its subsequent acquisitions of Alliance Spacesystems and Vanguard Space Technologies. We handled government contracts, trade controls, anti-corruption, and other regulatory due diligence, and also assisted with contract novations.
We have addressed regulatory investigations and enforcement actions from regulators in the United States, Europe, and Asia following data breaches. These have included investigations or formal enforcement proceedings brought by the Federal Trade Commission, State Attorneys General, and the Securities and Exchange Commission in the United States, and by data protection authorities and sector-specific regulators across Europe and Asia.
We have advised clients in various sectors regarding the substantial manufacturing requirement under the Bayh-Dole Act, including securing waivers of the requirement and helping clients structure manufacturing obligations to maximize business efficiencies within the requirements of the Bayh-Dole Act. We also routinely advise clients regarding the Bayh-Dole Act’s requirements for perfecting title in intellectual property and avoiding potential march-in actions under the Act.
June 27, 2017, Inside Government Contracts
Earlier this month, the Armed Services Board of Contract Appeals held that the U.S. Army breached its contractual obligation to provide physical security to its principal logistical support contractor, KBR, during the height of the Iraq War. As a consequence, the Board found that KBR was entitled to be reimbursed for $44 million, plus interest,...… Continue ...
June 26, 2017, Inside Government Contracts
The Department of Defense (“DoD”) held an “Industry Information Day” on June 23, 2017 to address questions regarding DFARS Case 2013-D018 “Network Penetration and Reporting for Cloud Services,” including DFARS clauses 252.204-7012 “Safeguarding Covered Defense Information and Cyber Incident Reporting” and 252.239-7010 “Cloud Computing Services.” DoD’s ...
June 16, 2017, Law360
Peter Hutt II is quoted in a Law360 article evaluating how the Supreme Court's decision in Escobar has been applied over the last year. According to Hutt, "Escobar is such a powerful case because it establishes rules that align with common sense. As to 'implied certification,' courts are instructed to determine if defendants were lying to the government by ...
June 12, 2017, Inside Government Contracts
The Section 809 Panel recently released an interim report and supplement (the “Interim Report”) advocating in broad strokes for a host of improvements to the Department of Defense’s (“DoD”) acquisition system to better streamline the process and increase industry offerings to the government. The NDAA for FY 2016 established the Section 809 Panel to address...… ...
June 5, 2017, Inside Government Contracts
In a recent False Claims Act (“FCA”) case, United States ex rel. Louis Scutellaro v. Capitol Supply, Inc., the U.S. District Court for the District of Columbia held that the defendant’s failure to retain Country of Origin (“COO”) documentation for the products it sold to the government entitled the relator and the government to an...… Continue Reading The post ...
June 2017, Pratt's Government Contracting Law Report
May 25, 2017, Inside Government Contracts
On May 11, 2017, the U.S. China Economic and Security Review Commission (“Commission”) issued a Request for Proposal to “to provide a one-time unclassified report on supply chain vulnerabilities from China in U.S. federal information technology (IT) procurement.” Congress established the Commission in 2000 to monitor and report to Congress on the national ...
May 19, 2017, Inside Government Contracts
Earlier this month the U.S. Government Accountability Office (“GAO”) released a report titled “Department of Energy: Use of Leading Practices Could Help Manage the Risk of Fraud and Other Improper Payments” (GAO-17-235) (the “Report”). As the title suggests, GAO assessed the Department of Energy’s (“DOE”) internal controls to manage “the risk of fraud and ...
May 19, 2017, Federal News Radio
Jason Workmaster appeared on Federal News Radio's “Off the Shelf” to provide an update on Transactional Data Reporting (TDR) implementation. According to Workmaster, GSA is "going to maintain this as a fairly voluntary pilot for at least some additional amount of time." He adds, that there is a decent question as to whether the transactional data rule is longed ...
May 8, 2017, The Daily Signal
Sandy Hoe is quoted by The Daily Signal in an article regarding the potential impact of President Trump's 'Buy America' policy on steel mills. Despite steel mill operators' concerns surrounding increased costs and potential layoffs, Hoe explains that "[t]he April executive order doesn't change any law." He adds, "It is a lot like a lot of [Trump's] executive ...
May 4, 2017, Inside Government Contracts
Last month, in CanPro Investments Ltd. v. United States, COFC No. 16-268C (April 2017), the Court of Federal Claims (“COFC” or “Court”) denied the Government’s motion for reconsideration and reaffirmed its prior decision that CanPro Investments Ltd. (“CanPro”) may continue to litigate its claim for breach of the implied duty of good faith and fair...… Continue ...
May 2, 2017, BNA's Federal Contracts Report
Peter Lichtenbaum and Fred Levy are quoted in a Federal Contracts Report article regarding the dispute, which is on appeal in the Fourth Circuit, between South Korea and BAE following the failure to finalize a deal to upgrade the F-16 jet. According to Lichtenbaum, the contracting community would expect the Fourth Circuit not to enforce the BAE-South Korea ...
May 1, 2017, Inside Government Contracts
On the heels of our recent post offering key takeaways from recent release of claims decisions, the ASBCA and the CBCA have published another round of notable opinions regarding contract releases: Supply & Service Team GmbH, ASBCA No. 59630 and ServiTodo, LLC, CBCA 5524. Both decisions are important, albeit for different reasons. The ASBCA decision ...
May 2017, ABA PCLS Contract Claims and Disputes Resolution Committee
May 2017, Pratt's Government Contracting Law Report
April 28, 2017, Inside Government Contracts
Alex Acosta was confirmed by the Senate to be the next Secretary of Labor. He now takes responsibility for several high-profile issues with critical implications for government contractors. As we have previously written, the Labor Department was an exceptionally active regulator from 2013 through the end of the Obama Administration. Although few of us ...
April 25, 2017, Bloomberg BNA
Scott Freling is quoted in a Bloomberg BNA article discussing why defense contractors should prepare for a possible government shutdown. According to Freling, a certain amount of complacency, especially in the Washington area, has crept into companies regarding brinksmanship surrounding federal funding deadlines. “My sense is that contractors are refreshing ...
April 24, 2017, Inside Government Contracts
Under a new FAR rule, standard language in confidentiality agreements could lead to disqualification from contracting or False Claims Act liability. In January, the FAR Council issued a final rule regulating confidentiality agreements between prime contractors and their employees and subcontractors. The rule implements Section 743 of the Consolidated and Further ...
April 19, 2017, Law360
President Donald Trump took a significant step this week toward implementing his often touted objective of protecting U.S. manufacturers and workers by signing the “Presidential Executive Order on Buy American and Hire American” on April 18, 2017. In addition to addressing reforms to the H1-B visa program to protect U.S. workers, the EO sets forth a policy and ...
April 19, 2017, American Bar Association
Two things seem to be relatively certain in the Trump Administration: Federal government contracting will continue, and as a result, there still will be disputes between federal agencies and contractors. In fact, based on reports about increasing infrastructure and defense spending, some areas of government contracting may even be on the rise. This is Part 1 of ...
April 19, 2017, National Defense Magazine
April 18, 2017, Law360
Fred Levy is quoted in a Law360 article regarding the effect of President Trump’s “Buy American, Hire American” Executive Order on federal contractors. Commenting on supply-chain adjustments made to items from overseas, Levy says, “If they change the Buy American Act to flow those requirements all the way back down again so it’s not just components, but any ...
April 10, 2017, Westlaw Journal
April 6, 2017, Public Contracting Institute
March 23, 2017, Die Zeit
Jennifer Plitsch is quoted in a Die Zeit article regarding the Department of Homeland Security’s request for U.S.-Mexico border-wall prototypes. Commenting on the short time frame interested companies have to create a concept, Plitsch says, “The schedule is breathtakingly close.”
March 15, 2017, The Government Contractor
March 2017, National Defense
March 2017, Pratt's Government Contracting Law Report
February 28, 2017
WASHINGTON—Covington represented semiconductor manufacturer Intersil Corporation in its $3.2 billion sale to Japan’s Renesas Electronics Corporation. The firm advised Intersil on aspects of the transaction involving Committee on Foreign Investment in the United States (CFIUS), Foreign Ownership, Control, or Influence (FOCI), trade controls, and government ...
February 7, 2017, Inside Defense
Roger Zakheim is quoted in an Inside Defense article regarding the contracting industry’s reactions to President Trump’s plan to reduce government regulations. Commenting on the Pentagon’s stance, Zakheim says that while it will see the executive order applied to it, the Defense Department has "very active congressional oversight and regular annual legislation, ...
January 24, 2017, Federal Contracts Report
Jason Workmaster is quoted in a Federal Contracts Report article regarding claim certification. According to Workmaster, “Since we have the False Claims Act, I think the CDA [Contract Disputes Act] certification requirement is redundant and needlessly complicates the process. Claims, in my opinion, should be considered on their merits — without getting bogged ...
January 23, 2017, Law360
Alan Pemberton is quoted in a Law360 article regarding President Trump’s use of Twitter to involve himself in the federal contracting process. According to Pemberton, "I'm not aware of a president doing quite what President Trump has done." He adds, "It's important to remember that the president certainly has considerable power in the bully pulpit, but ...
January 19, 2017, Covington Alert
Contractors are used to the Defense Contract Audit Agency scrutinizing their internal accounting practices, but in a recent cautionary tale a contractor found itself in the crosshairs of another federal law enforcement agency: the Securities and Exchange Commission (SEC). In a settlement recently made public, defense contractor L3 Technologies, Inc. (L3) agreed ...
January 17, 2017, Federal Contracts Report
Susan Cassidy is quoted in a Federal Contracts Report article regarding the fate of cybersecurity improvements made by the DoD under President Trump. According to Cassidy, “I would expect those to continue forward because I don't see a political will to say, ‘No you shouldn't protect this.’” The nomination of former Sen. Dan Coats (R-Ind.) to serve as director ...
January 12, 2017, The Wall Street Journal
Sandy Hoe is quoted by The Wall Street Journal in an article regarding Donald Trump’s focus on the defense sector and his ability to negotiate military deals. According to Hoe, "The president doesn't have the authority just by fiat to negotiate a contract or the terms of a contract."
January 3, 2017
WASHINGTON—Law360 has named six Covington lawyers as MVPs in their respective practice areas. The awards single out lawyers from across various practice areas based on their “success in high-stakes litigation, complex global matters, and record-breaking deals.” The Covington lawyers recognized as Law360 MVPs are: Shara Aranoff, International Trade. Ms. ...
January 2017, Pratt’s Government Contracting Law Report
December 22, 2016, Politico
Sandy Hoe is quoted in a Politico article regarding President-elect Donald Trump’s interest in taking a direct role in federal contracting. Most federal contracts include a clause allowing the government to break it. When a company tries to prove a contract was broken illegally, the standard is exceptionally difficult. Commenting on a recent decision in which a ...
December 13, 2016, Law360
Jay Carey is quoted in a Law360 article providing a review of significant government contracts policy developments in 2016. Commenting on the 2017 National Defense Authorization Act, Carey says, “I think the provision that puts a thumb on the scale against using LPTA [the lowest price technically acceptable model] is important, and in the long run beneficial not ...
December 12, 2016, Law360
Law360 selected Jay Carey as a 2016 Government Contracts MVP and profiled his involvement in a number of major bid protests by federal contractors in a variety of industries, such as UnitedHealth’s challenge to $58 billion Tricare contracts. According to Carey, “One of the things I really enjoy about it is that every protest is a challenge in terms of learning ...
Peter Hutt II is quoted in a Law360 article providing a roundup of the most significant government contracts cases of 2016. According to Hutt, "Escobar is the case of the decade. ... [Its] effects will continue to ripple.”
November 2016, Government Contracting Law Report
November 1, 2016, BNA Federal Contracts Report
October 3, 2016, Federal Contracts Report
Susan Cassidy is quoted in a Federal Contracts Report article regarding the Defense Department’s updated cyber incident reporting rule. According to Cassidy, the rule succeeded in clarifying some industry concerns, but did not address them all. “They didn't take an opportunity to clarify everything you might have hoped they would.” For example, when asked ...
September 29, 2016, Law360
Jennifer Plitsch is quoted in a Law360 article regarding the U.S. Department of Labor's final rule requiring federal contractors to provide paid sick leave to employees. According to Plitsch, "I can't say we've had any clients who have said, 'I'm done with the federal government; I'm never going there again,' but I do think there is increasing concern about the ...
September 19, 2016, Covington Alert
On September 14, 2016, the National Archives and Record Administration (NARA) issued the “Controlled Unclassified Information Final Rule” (Final Rule), effective November 13, 2016, establishing consistent practices and procedures for safeguarding, disseminating, controlling, destroying, and marking Controlled Unclassified Information (CUI) across Executive ...
September 14, 2016, 2016 Covington Government Contracts Briefing: Solving Problems, Securing Opportunities
August 31, 2016, Inside Defense
Frederic Levy is quoted in an Inside Defense article regarding a proposed rule that would exempt non-traditional contractors and small businesses from certified cost and pricing data requirements for certain contracts. According to Levy, the "intent is to open up participation in government programs." He adds, "Expanding that concept to a broader base of awards ...
August 26, 2016, Federal Contracts Report
Jason Workmaster is quoted in a Federal Contracts Report article regarding the GAO’s decision to bar a contractor, Latvian Connection, from filing bid protests for a year after filing hundreds of “vexatious” protests. According to Workmaster, “It is highly unusual for GAO to tell an entity it can't file any more protests.” Commenting on the protest that ...
August 23, 2016, Federal Contracts Report
Roger Zakheim is quoted in a Federal Contracts Report article regarding the DOD acquisition overhaul. According to Zakheim, a better argument for defense reform is that the enemy has a vote. And the threats have evolved since the binary conflict of the Cold War. He continues by saying that today's military confronts a host of challenges and domains that didn't ...
August 19, 2016, Inside Defense
Susan Cassidy is quoted in an Inside Defense article regarding the DOD’s proposed rule change to implement sections of the National Defense Authorization Acts for Fiscal Years 2013 and 2016 relating to commercial item acquisitions. According to Cassidy, "They were going to take out the 'of a type' commercial item, and that's been a big deal with DOD for a long ...
July 12, 2016, BNA's Federal Contracts Report
June 27, 2016, Covington Alert
On June 23, 2016, GSA issued a long-awaited final rule that significantly alters the regulatory landscape for contractors who hold Federal Supply Schedule (FSS) contracts and other government-wide contracting vehicles. The new rule, which is known as the Transactional Data Reporting rule, is the most significant change to the FSS program in more than two decades ...
June 17, 2016, Covington Alert
In Universal Health Services Inc. v. U.S. ex rel. Escobar, No. 15-7 (Slip. Op. June 16, 2016), a unanimous Supreme Court affirmed the viability of the “implied false certification” theory of False Claims Act liability, at least in certain circumstances. This portion of the ruling was not unexpected given the overwhelming acceptance of implied certification among ...
June 14, 2016, Federal News Radio
Jason Workmaster appeared on “Off the Shelf” to provide an update on bid protests, contract disputes, court decisions, and regulatory changes impacting government contractors. Workmaster comments on the impact of the AllWorld bid protest decision addressing the “scope” labor categories, as well as key audit and oversight trends around GSA’s Federal Supply ...
June 10, 2016, Federal Contracts Report
Jason Workmaster is quoted in a Federal Contracts Report article regarding a decision by the Armed Services Board of Contract Appeals ruling that an $8 billion claim against an Afghanistan food supplier alleging that fraudulent conduct made its multiyear contract void from the outset may be pursued by the U.S. government. According to Workmaster, the decision ...
June 2, 2016, National Defense
Patrick Stanton and Hunter Bennett are quoted in a National Defense article regarding proposed legislation that would penalize contractors who challenge the government with frivolous protests to hold a job until the protest is settled. Stanton and Bennett, wondering if these provisions “simply go too far,” write, “Clearly aimed at curbing the practice of ...
May 31, 2016, Inside Cybersecurity
Susan Cassidy participated in a panel discussion at the annual cybersecurity conference at Georgetown University Law Center and is quoted in this Inside Cybersecurity article regarding the limited scope of liability protections under the new cyber info-sharing law. According to Cassidy, "Anything you create could be used in litigation against you," in referring ...
May 25, 2016, Inside Defense
Jay Carey is quoted in an Inside Defense article regarding the defense industry’s reaction to protest reform ideas being proposed by Capitol Hill and the Pentagon. According to Carey, the defense industry has a more “balanced view of protests.” “They're coming at it not only as a company that sometimes files protests, but as a company that wins awards and has ...
May 23, 2016, Inside Defense
Jay Carey is quoted in an Inside Defense article regarding the defense policy bill approved by the Senate Armed Services Committee which would block GAO protests for task orders. According to Carey, if the bill is passed, it would mean that there is "no effective oversight of task order awards -- which are now a huge part of the procurement process." He ...
May 19, 2016, Federal Contracts Report
Jay Carey is quoted in a Federal Contracts Report article regarding contractor concerns sparked by the Senate version of the National Defense Authorization Act (NDAA), which includes a “loser-pays” provision in bid protests. “I think contractors should be quite concerned” with the Senate version of the NDAA as it now stands, says Carey. “Protests are a critical ...
May 16, 2016, Covington Alert
Today, the Department of Defense (DoD), General Services Administration (GSA), and the National Aeronautics and Space Administration (NASA) issued a Final Rule to add a new subpart and contract clause (52.204-21) to the Federal Acquisition Regulation (FAR) “for the basic safeguarding of contractor information systems that process, store, or transmit Federal ...
May 2016, National Defense Magazine
April 25, 2016, Inside Defense
Jay Carey is quoted in this Inside Defense article discussing House Armed Services Committee Chairman Mac Thornberry’s expectation that lawmakers will debate proposals to reform the way defense contractors protest losing bids. Carey, disagreeing with Thornberry’s view, says it is inaccurate to characterize contractor protests as being out of control. “Some folks ...
April 20, 2016, Covington Alert
The United States Department of Veterans Affairs (“VA”) recently announced a significant change in policy that will allow it to purchase drug products that were previously unavailable due to the Trade Agreements Act (“TAA”) because they were manufactured in countries with whom the United States does not have a procurement agreement in place. The VA has issued a ...
April 18, 2016, Modern Healthcare
Peter Hutt II is quoted in this Modern Healthcare article discussing the upcoming oral arguments at the Supreme Court in Universal Health Services v. United States ex. rel. Escobar. Hutt argues it is the biggest False Claims Act case to be weighed by the Supreme Court in more than 30 years, and the case would be the "polestar" for any future decisions from ...
April 13, 2016, National Defense
Scott Freling is quoted in this National Defense article exploring the DOJ and FTC joint statement on preserving competition in the defense industry. According to Freling, the interagency truce should “provide some comfort” to defense contractors that mergers and acquisitions can go forward, albeit “under the right circumstances.” Brown adds, the statement ...
April 6, 2016, Federal Contracts Report
Scott Freling is quoted in a Federal Contracts Report article regarding a recent COFC ruling that allowed Starry, an IT firm challenging solicitation cancellation, to depose HHS officials due to an alleged bias. According to Freling, allegations of bias often fail to gain traction during bid protest litigation because it is difficult to allege sufficient ...
April 2016, National Defense Magazine
March 16, 2016, C-SPAN
March 3, 2016, InsideDefense.com
Jay Carey is quoted in this InsideDefense.com article focusing on the need for the bid protest process and its unintended consequences. Carey, backing the need for greater information throughout the whole process said, "If agencies can share more info in a debriefing, I think that will lower the protest rate." He also added that the government can improve the ...
March 2, 2016, BNA Federal Contracts Report
Jay Carey is quoted extensively in this BNA Federal Contracts Report article discussing bid protest rates. At a panel discussion hosted by the Center for Strategic and International Studies, Carey shared that bid protest rates are increasing but are still low by historical standards. Speaking to BNA, Carey says, “I think people tend to focus on the increase in ...
March 2, 2016, Center for Strategic and International Studies
March 2016, National Defense Magazine
February 29, 2016
WASHINGTON, DC - Peter Hutt II has joined Covington as a partner in the Government Contracts practice. “Further enhancing Covington’s standing within the defense community as a leader in the False Claims Act and government cost accounting standards fields remains a key priority for the firm,” said Jennifer Plitsch, co-chair of the firm’s Government Contracts ...
February 29, 2016, Bloomberg BNA
Peter Hutt II and Fred Levy are quoted in this Bloomberg BNA “Big Law Business” article discussing Covington’s growing government contracts practice. Hutt, who has watched the firm’s growth from a distance before joining recently says, “It was an eye opener to everyone in the government contracts space.” Levy, who joined last year, adds, “There continues to be a ...
January 28, 2016
WASHINGTON, DC - Law360 has named six Covington practice groups among its “Practice Groups of the Year.” The practice groups recognized by Law360 are as follows: Government Contracts Insurance International Trade Life Sciences Product Liability Sports
January 2016, National Defense
December 15, 2015, Bloomberg BNA
Scott Freling and Justin Ganderson are quoted in a Bloomberg BNA article discussing House and Senate energy policy bills with provisions intended to boost performance contracting and make the government more energy efficient. Ganderson argues that even though some of the energy savings performance contracts (ESPCs) provisions were eliminated, congressional ...
November 25, 2015
WASHINGTON, DC, November 25, 2015 - Law360 has named four Covington partners as MVPs in their respective practice areas. The awards single out lawyers from across 31 practice areas based on their success in high-stakes litigation, record-breaking deals, and complex global matters. The Covington lawyers recognized as Law360 MVPs are: Ray Biagini, ...
November 3, 2015, BNA Government Contracts
Susan Cassidy was quoted in this article.
November 2, 2015, Covington Alert
October 12, 2015, National Defense Magazine
Peter Lichtenbaum is quoted in this National Defense Magazine blog post discussing the push by the Pentagon to attract innovative technology firms and to create new business relationships with the commercial tech sector. Although conversations between government officials and tech leaders are occurring, there are some doubts about the future success of these ...
September 24, 2015, InsideGovernmentContracts Blog
September 15, 2015, Law360
August 27, 2015, Covington Alert
August 25, 2015, InsideGovernmentContracts Blog
August 24, 2015, InsideGovernmentContracts Blog
August 20, 2015, Law360
August 18, 2015, Bloomberg’s Federal Contracts Report - GAO
Quoting Covington's Justin Ganderson.
August 18, 2015, Bloomberg’s Federal Contracts Report
August 13, 2015, Inside Cybersecurity
August 12, 2015, Covington Alert
August 10, 2015, Covington Alert
August 10, 2015, InsideGovernmentContracts Blog
July 24, 2015, InsideGovernmentContracts Blog
July 21, 2015, BNA's Federal Contracts Report
July 13, 2015, InsideGovernmentContracts Blog
June 24, 2015, InsideGovernmentContracts Blog
June 22, 2015, Covington Alert
June 17, 2015, Bloomberg BNA Federal Contracts Report
June 16, 2015, InsideGovernmentContracts Blog
June 2, 2015, GlobalPolicyWatch Blog
May 27, 2015, Covington Alert
May 4, 2015, Reuters
May 1, 2015
WASHINGTON, DC, May 1, 2015 — Covington is significantly expanding its government contracts practice with 20 lawyers from one of the nation’s top government contracts groups, including its former chair and leaders in contractor tort liability, bid protests, procurement fraud, trade secrets and employment. The group of five partners and 15 other lawyers from ...
May 1, 2015, The Lawyer
May 1, 2015, PubKLaw
May 1, 2015, Law360
May 1, 2015, National Law Journal
May 1, 2015, The Washington Business Journal
Covington is featured in these articles regarding the expansion of its government contracts practice with 20 lawyers from one of the nation’s top government contracts groups.
May 1, 2015, Bloomberg BNA
May 1, 2015, The Washington Post
April 24, 2015, InsideGovernmentContracts Blog
April 15, 2015, InsideGovernmentContracts Blog
April 8, 2015
WASHINGTON, DC, April 8, 2015 — Law360 has named Covington & Burling’s Scott Freling a recipient of its “Rising Star” award in the government contracts category. The award honors lawyers under the age of 40 whose “legal accomplishments belie their age.” In its profile of Mr. Freling, Law360 wrote that he is “one of today’s go-to experts in the mergers and ...
April 2015, Government Contracting Law Report
March 22, 2015, InsideGovernmentContracts Blog
March 19, 2015, InsideGovernmentContracts Blog
March 17, 2015, Law360
March 12, 2015, InsideGovernmentContracts Blog
March 11, 2015, Law360
March 10, 2015, Covington E-Alert
February 17, 2015, InsideGovernmentContracts Blog
February 10, 2015, InsideGovernmentContracts Blog
February 4, 2015, InsideGovernmentContracts Blog
February 2, 2015, Covington E-Alert
January 9, 2015, Inside Government Contracts Blog
December 17, 2014, InsideGovernmentContracts Blog
December 16, 2014, InsideGovernmentContracts Blog
December 12, 2014, InsideGovernmentContracts Blog
December 9, 2014, InsideGovernmentContracts Blog
November 18, 2014, BNA, Inc. Federal Contracts Report
November 18, 2014, Bloomberg BNA
Covington's Scott Freling has authored this piece on bid protesters: "If a bid protester is weighing whether to accuse an agency of bias, there usually are two separate, potentially cross-cutting concerns: (1) whether, and to what extent, the allegation might affect customer relations; and (2) whether the allegation is likely to gain traction during the ...
November 5, 2014, InsideGovernmentContracts Blog
November 5, 2014, Law360
October 30, 2014, InsideGovernmentContracts Blog
October 29, 2014, Law360
October 28, 2014, Covington E-Alert
October 23, 2014, InsideGovernmentContracts Blog
October 1, 2014, Inside Cybersecurity
Covington's David Fagan and Marialuisa Gallozzi are quoted in this article regarding a symposium co-hosted by Covington & Burling and George Washington University's Cybersecurity Initiative titled "Cybersecurity for Government Contractors." "That is the bubble that we're sitting on at this moment," said Covington and Burling insurance attorney Marialuisa ...
September 30, 2014, Politico
Michael Chertoff is quoted regarding a symposium co-hosted by Covington & Burling and George Washington University's Cybersecurity Initiative titled "Cybersecurity for Government Contractors." "Information sharing between the government and private sector shouldn’t just be about swapping threat signatures or intelligence, former DHS Secretary Michael Chertoff ...
September 17, 2014, Law360
September 10, 2014, Law360
September 3, 2014, InsideGovernmentContracts Blog
August 28, 2014, Covington E-Alert
August 25, 2014, Law360
August 18, 2014, Covington E-Alert
August 18, 2014, InsideGovernmentContracts Blog
August 1, 2014, Covington E-Alert
July 22, 2014, Law360
Susan Cassidy, Scott Freling and Kayleigh Scalzo have co-authored this article about the U.S. Department of Defense issuing a proposed rule to amend the Defense Federal Acquisition Regulation Supplement (“DFARS”) in order to improve the efficiency and effectiveness of auditing contractors’ accounting systems, estimating systems, and material management and ...
July 21, 2014, Covington E-Alert
July 18, 2014, Covington E-Alert
July 13, 2014, The Washington Post
Covington partner Susan Cassidy is quoted regarding a recent court decision by the Fourth Circuit that is set to change how much contractors who mislead the government face in potential penalties. "That potential windfall acts as a strong incentive for people to file suits on behalf of the government, said Susan Cassidy, a partner at law firm Covington & ...
July 7, 2014, National Defense Magazine
Susan Cassidy and Mike Wagner authored this article on the increase of "false claims" suits. Under a recent court decision by the Fourth Circuit, a federal government contractor may suddenly find itself facing potentially massive liability based solely on the number of invoices submitted in previous years, even if every one of those invoices was entirely ...
July 3, 2014, Law360
Susan Cassidy and Mike Wagner write on the False Claims Act in this article for Law360: "For the past four years, FCA enforcement has focused most heavily on the health care industry, recovering more than $2 billion a year in cases involving health care fraud. This article discusses a recent FCA ruling by the Fourth Circuit that, if allowed to stand, could ...
June 30, 2014, Covington E-Alert
June 23, 2014, Covington E-Alert
June 9, 2014, Covington E-Alert
May 27, 2014, Covington E-Alert
May 14, 2014, Bloomberg
Covington's Roger Zakheim is quoted regarding defense budget cuts, '“You need to have a reservoir of support, a foundation of members who value and understand what you’re bringing to the table for national security,”' said Roger Zakheim, a former general counsel for the Armed Services Committee who now works for the law firm Covington & Burling LLP."
May 12, 2014, Covington E-Alert
May 9, 2014, Covington E-Alert
April 24, 2014, Covington E-Alert
April 15, 2014, Covington E-Alert
April 8, 2014, Covington E-Alert
April 2014, West Briefing Papers
March 26, 2014, Covington E-Alert
March 12, 2014, Covington E-Alert
February 27, 2014, Covington E-Alert
February 14, 2014, Covington E-Alert
February 13, 2014, Covington E-Alert
February 3, 2014, Covington E-Alert
January 29, 2014, Covington E-Alert
January 21, 2014, Covington E-Alert
January 15, 2014, Covington E-Alert
January 9, 2014, Covington E-Alert
January 6, 2014, Covington E-Alert
December 12, 2013, Covington E-Alert
December 2, 2013, Covington E-Alert
November 25, 2013, Covington E-Alert
November 21, 2013, Covington E-Alert
November 14, 2013, Covington E-Alert
November 7, 2013, Law360
November 5, 2013, Covington E-Alert
November 1, 2013, Covington E-Alert
October 18, 2013, Covington E-Alert
October 8, 2013, Bloomberg BNA Federal Contracts Report
October 4, 2013, Covington E-Alert
September 27, 2013, Covington E-Alert
September 17, 2013, Covington E-Alert
September 6, 2013, Covington E-Alert
August 22, 2013, Covington E-Alert
August 8, 2013, Covington Advisory
August 7, 2013, Covington E-Alert
July 23, 2013, Covington E-Alert
July 12, 2013, Covington E-Alert
June 26, 2013, Covington E-Alert
June 21, 2013, Covington E-Alert
June 14, 2013, Covington E-Alert
June 13, 2013, Law360
June 7, 2013, Covington E-Alert
May 29, 2013, Covington E-Alert
May 22, 2013, Law360
May 15, 2013, Covington E-Alert
May 10, 2013, Covington E-Alert
April 25, 2013, Law360
April 17, 2013, Covington E-Alert
April 16, 2013, Covington E-Alert
April 12, 2013, Covington E-Alert
April 8, 2013, Covington E-Alert
March 7, 2013, Covington E-Alert
March 2013, Thomson Reuters
February 21, 2013, Covington E-Alert
February 12, 2013, Covington E-Alert
February 11, 2013, Covington E-Alert
January 18, 2013, Covington E-Alert
January 11, 2013, Covington E-Alert
December 20, 2012, Covington E-Alert
December 10, 2012, Covington E-Alert
November 26, 2012, Covington E-Alert
November 8, 2012, Covington E-Alert
October 25, 2012, Covington E-Alert
October 12, 2012, Covington E-Alert
October 9, 2012, Covington E-Alert
September 25, 2012, Covington E-Alert
August 29, 2012, Covington E-Alert
August 1, 2012, Covington E-Alert
July 31, 2012, Covington E-Alert
July 2, 2012
WASHINGTON, DC, July 2, 2012 — Covington & Burling is bolstering its government contracts practice by adding Susan Cassidy as a partner in its Washington, D.C. office. This marks Covington’s second high-profile addition to its government contracts practice in recent months and underscores the firm’s strong commitment to expand in this area of law. Robert Nichols ...
May 8, 2012, Covington E-Alert
5/2/2012
SAN FRANCISCO, May 2, 2012 — Covington & Burling LLP advised the University of California, Santa Cruz on the creation of a national, federally-financed bioinformatics database. The database will serve as a secure repository for storing, cataloging, and accessing cancer genome sequences, alignments, and mutation information from leading cancer-related projects ...
4/23/2012
NEW YORK, April 23, 2012 — Covington & Burling represented Thomson Reuters in a definitive agreement to sell its Healthcare business to an affiliate of Veritas Capital for $1.25 billion in cash. The sale, expected to close in the next few months, is subject to regulatory approval and customary closing conditions, including the expiration or termination of ...
April 16, 2012, Covington E-Alert
March 15, 2012, Covington E-Alert
January 18, 2012, Covington E-Alert
January 3, 2012, Covington E-Alert
July 6, 2011, Covington E-Alert
June 15, 2011, Covington E-Alert
June 7, 2011, BNA Insights
June 1, 2011, Covington E-Alert
May 31, 2011, Covington E-Alert
May 18, 2011, Covington E-Alert
April 26, 2011, BNA's Federal Contracts Report
March 7, 2011, Covington E-Alert
February 2, 2011, Covington E-Alert
April 2010, Covington E-Alert
9/18/2009
WASHINGTON, DC, September 18, 2009 — Four Covington & Burling LLP partners were recognized at the Washington Business Journal’s “2009 Top Washington Lawyers” awards gala held last night at The Fairmont Washington. Tony Herman, who chairs the firm’s public service committee, was named the “Top Washington Lawyer” in the pro bono category. Paul Schmidt, a ...
April 14, 2009, Covington E-Alert
4/7/2009
WASHINGTON, DC, April 7, 2009 — Covington & Burling LLP is pleased to announce the promotion of four lawyers to of counsels and special counsels. The new of counsels are as follows: Heather Haberl represents local, regional, and national owners, developers, property managers, tax-exempt organizations, and other users in all aspects of real estate ...
April 7, 2009, Covington E-Alert
April 1, 2009, Covington E-Alert
March 25, 2009, Covington E-Alert
February 5, 2009, Covington E-Alert
December 8, 2008, Covington E-Alert
8/7/2008
WASHINGTON, DC, August 7, 2008 — On August 5, Intercell AG completed its acquisition of Iomai Corporation (now known as Intercell USA, Inc.) in a deal that will create a leading traveler’s vaccine portfolio. Covington & Burling LLP advised Intercell on the transaction. Intercell is a growing biotechnology company which focuses on the design and development of ...
July 24, 2008, National Small Business Federal Contracting Summit
March 7, 2008, National Small Business Federal Contracting Summit
February 4, 2008, Covington E-Alert
December 18, 2007, Covington E-Alert
March 29, 2007, Covington E-Alert
August 17, 2006, National Small Business Federal Procurement Summit
July 25, 2006
WASHINGTON, D.C., July 25, 2006 - Covington advised Novartis Vaccines and Diagnostics, Inc. (successor to Chiron Corporation) in its plans to locate, construct and operate a cell culture-derived influenza vaccines manufacturing facility in Holly Springs, North Carolina. The facility, slated to be the first of its kind in the United States, should ...
July 11, 2006, BNA's Federal Contracts Report
July 15, 2005
WASHINGTON, D.C., July 15, 2005 - Five States, represented by Covington & Burling, have prevailed before the Departmental Appeals Board of the United States Department of Health & Human Services (the "Board") in their appeals of Medicaid disallowances. In a decision issued on June 24, the Board reversed disallowances of federal Medicaid funding totaling over ...
September 30, 2004
WASHINGTON, D.C., September 30, 2004 - Covington & Burling announced the election of five new partners, effective October 1. Stuart C. Stock, chair of the firm's management committee, commented: "These fine lawyers very much reflect the strength, excellence, and diversity of the firm." Covington's newest partners and their backgrounds are as follows: Robert ...
October 3, 2002
October 3, 2002 - WASHINGTON, D.C. - Covington & Burling represented privately-held Decision Systems Technologies, Inc. (DSTI), of Rockville, Maryland, an information technology, engineering, and science solutions provider to federal government clients, in its sale to STG, Inc., an information technology, engineering and professional services firm also serving ...
August 5, 2002
August 5, 2002 - WASHINGTON, D.C. - Covington & Burling represented privately-held Aegis Research Corporation, of Falls Church, Virginia, a leading provider of secrecy, security, intelligence, counterintelligence, computer forensics, intrusion analysis and other enterprise protection strategies and technical services to the national security community, in its ...
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