Why getting the wrong result in arbitration may be what you bought
Arbitration is often seen as a way of getting a more predictable result in complex construction disputes. The subject matter expertise available with experienced arbitrators and the finality of the...
View ArticleHow MHPI developers can defend against class actions for environmental...
The Military Housing Privatization Initiative was intended to address the availability and adequacy of housing for military service members and their families. As a result of the MHPI, approximately 99...
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Gate Guard Services—the 1.5 million consequences of bad faith conduct by DOL...
Most court cases filed on the heels of a Department of Labor investigation focus on misconduct by a contractor. In that respect, the Fifth Circuit’s recent decision in Gate Guard Services, L.P. v....
View ArticleHow the acceptance doctrine protects Missouri contractors from personal...
Claims for personal injuries that can be connected in some way to construction work often include allegations that the contractor was negligent. Even if the injured party sues only the property owner,...
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Can the government contract around the duty of good faith and fair dealing?
Every government contract contains implied duties, such as the duty to cooperate and the duty of good faith and fair dealing. Such implied duties generally prohibit one party from interfering with the...
View ArticleThe difference between routine document destruction and spoliation
In today’s world, there is a tendency to believe that everything must be preserved forever. The common belief is that documents, emails, text messages, etc. cannot be deleted because doing so may be...
View ArticleWhen can the government cancel a solicitation? 5 things contractors need to...
In Seventh Dimension, LLC v. United States, No. 21-2275C (May 11, 2022), the Court of Federal Claims provided detailed guidance concerning the question of “whether, and under what circumstances, the...
View ArticlePFAS and Federal Contracting: What Contractors Should Know and Why
Per- and polyfluoroalkyl substances, commonly known as PFAS, are long-lasting chemicals that are quickly gaining notoriety for both their persistence in the environment and their ubiquity in water,...
View ArticleSCOTUS Signals Likely Reversal in SuperValu, Arguments Reflect Concerns over...
On April 18, 2023, the United States Supreme Court heard oral argument in two consolidated cases that have the potential to upend False Claims Act (FCA) litigation. Oral argument on both sides and...
View ArticleHusch Blackwell Launches New FCA-Themed Podcast
Last week, we launched False Claims Act Insights, a new podcast devoted to exploring issues relating to False Claims Act (FCA) investigations and litigation. The show is hosted by Jonathan Porter—a...
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