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The Virginia Supreme Court gives some guidance on what to do - and not to do - in challenging a government contract award

Kelley Drye & Warren LLP
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USA
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January 29 2013

A recent Virginia Supreme Court (VSC) decision offers important guidance - what to do and what not to do - for companies challenging a government

Final EIS need not address project that was ill-defined at draft stage

Kelley Drye & Warren LLP
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USA
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April 12 2012

The United States Forest Service manages the Chequamegon-Nicolet National Forest in northern Wisconsin

Arkansas District Court denies DOJ's motion to dismiss after government settled with defendant

Kelley Drye & Warren LLP
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USA
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February 15 2012

In United States ex rel. Rille v. Sun Microsystems, Inc., Civil Action No. 04-CV-00986 (E.D. Ark. Jan. 30. 2012), an Arkansas district court denied the motions to dismiss brought by the Department of Justice (DOJ) and the defendant against the relators, although the DOJ and defendant already settled the underlying claims brought by the relators

State's adoption of labor union's wage rate as the "general prevailing rate" was not improper

Kelley Drye & Warren LLP
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USA
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February 15 2012

Generally, construction workers in Illinois engaged in public works are required to be paid the "general prevailing rate" for work of that type in the locality where the work is being performed

MBE failed to show a lost property interest

Kelley Drye & Warren LLP
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USA
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February 14 2012

Chicago United Industries sells a number of products to the City of Chicago and, until recently, had annual sales between $10 million and $20 million per year

Which public disclosure bar applies?

Kelley Drye & Warren LLP
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USA
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February 2 2012

A recent case from the District of Massachusetts raises an interesting question under the False Claims Act’s public disclosure bar

More federal qui tam cases filed in 2011 than ever before

Kelley Drye & Warren LLP
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USA
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December 19 2011

According to a press release issued today by the Department of Justice, 638 new whisteblower complaints under the qui tam provisions of the federal False Claims Act were filed under seal in fiscal year 2011, representing a peak in such filings over prior years

D.C. Circuit issues opinion on first-to-file bar

Kelley Drye & Warren LLP
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USA
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November 29 2011

The U.S. Court of Appeals for the District of Columbia in United States ex rel. Batiste v. SLM Corporation, Civil Action No. 10-7140 (D.C. Cir. Nov. 4, 2011) affirmed the dismissal of a relator’s complaint based on an application of the first-to-file bar of the FCA

Relators run the risk that complaints in voluntarily dismissed cases may be unsealed

Kelley Drye & Warren LLP
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USA
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October 21 2011

Earlier this week we reported on a case in the U.S. District Court for the District of Columbia in which the court unsealed a relator's complaint after the relator voluntarily dismissed it, holding that "the rationale behind sealing FCA cases is to allow the United States ample time to investigate the allegations, and the FCA does not contain any language that suggests the purpose of sealing a case is to protect the relator’s identity.”

Relators run the risk that complaints in voluntarily dismissed FCA cases may be unsealed

Kelley Drye & Warren LLP
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USA
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October 19 2011

The False Claims Act provides that private persons who bring actions on behalf of the U.S. Government, called relators, file their complaints under seal

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