Month: October 2012

Kickbacks Lead to 87 Months

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10/29/2012Lowenstein, Neil S.

One would think kickbacks were a sad thing of the past, but the U.S. District Court for the District of Columbia recently sentenced a contracting executive to 87 months in prison and to pay more than $9.4 million in restitution in U.S. v. Kahn, D.D.C., No. 1:11-cr-00276, sentencing 10/18/12). The executive pled guilty to one… Read more »

Constructively Debarred Contractor Allowed to Proceed with Claims for De Facto Debarment and Contractual Interference

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10/05/2012Lowenstein, Neil S.

Ever think a government officially was unofficially blackballing you? Sebastian Phillips and his company, Marine Design Dynamics, felt so and filed suit in the U.S. District Court for the District of Columbia (Phillips v. Mabus, D.D.C. No. 11-2021) seeking money damages for de facto debarment and interference with contract after they felt the Navy systematically… Read more »

Container Repair Facilities and Longshore Coverage

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10/03/2012Vandeventer Black

Two recent U.S. Court of Appeals decisions analyze the Longshore and Harbor Workers’ Compensation Act (“LHWCA”) coverage requirements with regards to shipping container repair facilities. Under the LHWCA situs requirement, the place where an injury occurs must 1) have a geographic nexus with maritime activity; and 2) a functional nexus with maritime activity.  For the… Read more »

E-Verify Program Extended to September 30, 2015

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10/01/2012Lowenstein, Neil S.

On September 28, 2012, President Obama signed into law, S.3245 reauthorizing and extending the E-Verify immigration program for more three years to September 30, 2015. The program was set to expire September 30. Initially a voluntary program, E-Verify is now mandatory for federal contractors and some employers in some states. Click Here to view the… Read more »