Insights

Washington – June 8, 2023: Crowell & Moring has been recommended in seven practice areas in the 16th edition of the Legal 500 United States. In addition, partner Daniel R. Forman, co-chair of the firm’s Government Contracts Group, has been named to the Legal 500’s “Hall of Fame” for Government Contracts. The firm’s full rankings can be viewed here.

Washington – June 1, 2023: Crowell & Moring earned 82 rankings for 68 lawyers across 48 categories, as well as 37 national and statewide practice area rankings, in the Chambers USA 2023 guide. The rankings are driven by independent interviews of clients and lawyers at peer firms.

Washington – June 15, 2022: Crowell & Moring has been recommended in eight practice areas in the 15th edition of the Legal 500 United States. In addition, partner Daniel R. Forman, co-chair of the firm’s Government Contracts Group, has been named to Legal 500’s “Hall of Fame” for Government Contracts. Antitrust & Competition partner Megan L. Wolf has been named a “Next Generation Partner” for Merger Control. Advertising & Media partners Christopher A. Cole and Lauren Aronson have been named a “Leading Lawyer” and “Next Generation Partner” for Advertising and Marketing Litigation respectively. The firm’s full rankings can be viewed here.

In Strategic Technology Institute, Inc. v. Sec’y of Def., 91 F.4th 1140 (Fed. Cir. 2024), the Federal Circuit affirmed a decision by the Armed Services Board of Contract Appeals (ASBCA), which held that the government’s 2018 claim was not time-barred by the Contract Dispute Act’s (CDA) six-year statute of limitations.  The ASBCA found that the government’s claim did not begin to accrue until 2014, the date the government received the contractor’s indirect cost rate proposals for fiscal year (FY) 2008 and FY 2009. 

The Federal Circuit’s decision in University of South Florida Board of Trustees v. United States, 22-2248 (Fed. Cir. Feb. 9, 2024) hints at the broad scope of the federal government’s license rights under the Bayh-Dole Act. 

In Vanda Pharmaceuticals, Inc. v. United States, No. 23-629C (Fed. Cl. 2024), 2024 WL 201890, the Court of Federal Claims (COFC) addressed whether government disclosure of a company’s trade secrets and commercial information could create a viable claim for a taking under the Fifth Amendment or for breach of an implied-in-fact contract.  The company, Vanda Pharmaceuticals (Vanda), claimed that the government’s disclosure of its confidential trade secrets—including its trademarked drugs’ dissolution rates—to competitors seeking U.S. Food and Drug Administration (FDA) approval of generic drug alternatives was an unlawful regulatory taking that diminished the value of Vanda’s brand name drugs and infringed upon Vanda’s right to exclude generics from the market.  The government moved to dismiss Vanda’s claims for lack of subject matter jurisdiction and for failure to state a claim.  The COFC denied the government’s motion in part, holding as a matter of first impression that Vanda adequately stated a takings claim based on the government’s disclosures but failed to state a claim for breach of an implied-in-fact contract.  The COFC also held that Vanda’s claims involving one generic drug manufacturer were outside the Tucker Act’s six-year statute of limitations and were time barred. 

Crowell & Moring is pleased to announce the next installment of our Government Contracts Breakfast Series. All of the sessions will be held in Northern Virginia and focus on issues most important to government contractors. Our next sessions are described below.

Crowell & Moring is pleased to announce the launch of our Government Contracts Breakfast Series. All of the sessions will be held in Northern Virginia and focus on issues most important to government contractors. Our September session is described below. 

Please Join Crowell & Moring for a Webinar on COVID-19 and the False Claims Act: What to Expect and How to Defend Investigations, Audits, and Qui Tam Actions in a Post-Pandemic World.

Please join members of Crowell & Moring’s Government Contracts Group for an overview of where acquisition regulations and policies may be headed in the new Biden Administration.  The attorneys will also highlight hot topics and new developments in government contracts for 2021.  Topics to be discussed include:

For nearly 6 months, the Coronavirus pandemic has caused disruptions across nearly all industrial sectors, including the government contracting industry.  As contractors have attempted to respond to challenges in providing support to government customers, meeting contract and staffing requirements, and adhering to contract terms and a constantly shifting landscape, Congress provided an additional avenue of relief to certain contractors dealing with COVID-19 related impacts.  Section 3610 of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) provided assistance in connection with certain disruptions in contractor performance arising from the COVID-19 pandemic.  Now, as the Government fiscal year draws to a close, many contractors are considering whether and when to submit potential Claims and REAs – including Claims and REAs triggered in part by COVID-19 related issues – and how best to position themselves to recover schedule and cost impacts triggered by COVID and non-COVID related causes.

To set the groundwork for future episodes, Nicole Owren-Wiest and Erin Rankin talk fundamentals: What is the purpose behind the often counter-intuitive and complex government contracts cost and pricing rules? What are the various price analysis techniques available to the world’s largest buyer of goods and services? “It All Adds Up” is Crowell & Moring’s podcast covering the latest government contract accounting, cost, and pricing developments.

In this second inaugural episode of It All Adds Up, Nicole Owren-Wiest and Erin Rankin riff on why they care so much about government contracts cost and pricing – and why you should, too. “It All Adds Up” is Crowell & Moring’s podcast covering the latest government contract accounting, cost, and pricing developments.

This week's episode focuses on new DOD guidance on Section 3610 and also covers regulatory updates, and is hosted by partners Peter Eyre and Nicole Owren-Wiest. Crowell & Moring's "Fastest 5 Minutes" is a biweekly podcast that provides a brief summary of significant government contracts legal and regulatory developments that no government contracts lawyer or executive should be without.