BLOG: Federal Appeals Court Gives $34 Million False Claims Act Pay Day to Whistleblower and Takes it From Another

May 8, 2019
By Matthew E. Feinberg
"It was the best of times, it was the worst of times . . . ." Charles Dickens was not thinking of the False Claims Act when he wrote "A Tale of Two Cities," but the First Circuit Court of Appeals was when it decided United States ex rel. McGuire v. Millenium Laboratories, Inc. earlier this week. With the decision, a three judge panel of that Court moved over $34 million in relator fees from one whistleblower to another, highlighting the risks—for both whistleblowers and government contractors—inherent in False Claims Act cases.
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BLOG: SBA Adopts New Size Standard Methodology and Says Updates to Size Standards Coming in "Near Future"

April 29, 2019
By Megan C. Connor
Earlier this month, SBA published its final rule adopting a revised size standards methodology. My colleagues, Jon Williams and Tim Valley, previously described the proposed changes to the methodology in a blog last year. The final methodology white paper adopts all the changes SBA proposed with minor revisions.
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BLOG: An Agency's Corrective Action Decision Is Not Immune to Protest—What Does It Take to Win?

April 19, 2019
By Michelle E. Litteken
Corrective action is a common outcome of a bid protest. Indeed, the U.S. Government Accountability Office (GAO) reported that 29% of the protests filed in FY 2018 resulted in corrective action. If you are a protester, that may be great news. In the case of a post-award protest, it likely means that you have another shot at award. However, if you are an intervenor, it means the agency chose not to defend your award, and you could lose the contract. What can an intervenor do?
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BLOG: The Relationship Between Privacy and Trust

April 17, 2019
By David T. Shafer
Recently, there has been an advertisement running during March Madness from Apple that is all about privacy. If your household has been watching as much college basketball as mine has, then you've likely seen it. It's a minute full of real-world examples of how people value their personal privacy. None of those examples are particularly significant but, in the aggregate, it shows that this remains an issue that people are deeply concerned about. That concern, of course, is then applied to technology. In the ad, it is an iPhone. In your business, it is your e-mail server, your website, your social media presence and the computer and phones your business uses to conduct its business.
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BLOG: Thinking of Forming a Mentor-Protégé Joint Venture? Timing Matters

April 17, 2019
By Kathryn V. Flood
If you are thinking of forming a mentor-protégé joint venture to pursue a particular set-aside contract, it is critical that your timing has enough built-in cushion to ensure that all of the necessary approvals and entity-formation steps are accomplished before you submit your proposal. There is a fairly rigid sequencing of the steps involved in putting together the mentor-protégé application and subsequent joint venture agreement—make sure you do not fall into the trap of skipping a step, or otherwise you may put your proposal at risk.
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