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|Special Transportation & Infrastructure Panel Releases Report on Public-Private Partnerships|
Diane J. Blagman, Robert S. Brams, Alais L. M. Griffin, Yosbel A. Ibarra, Jamey L. Tesler; Greenberg Traurig, LLP;
October 15, 2014, previously published on October 2, 2014Last week, the U.S. House of Representatives Transportation and Infrastructure Committee’s Panel on Public-Private Partnerships (P3 Panel) released its final report and recommendations regarding how to improve the delivery, oversight, and transparency of P3s (Report). This Report comes at the...
|Political Activities and the Law: Mitigating Risks for Corporations and Nonprofits|
Kirk L. Jowers, Trevor Potter, Matthew T. Sanderson; Caplin & Drysdale, Chartered;
October 15, 2014, previously published on October 15, 2014Over the past few years, the political law landscape has changed dramatically for those engaging in political activities, including for-profit corporations, nonprofit entities, and their principals. Mismanagement of these activities can cause considerable harm to individuals and organizations in...
|Like a Hot Knife Through Butter: The US Congress and Internal Revenue Service Pierce Straight Through Barrier Options|
Mark H. Leeds; Mayer Brown LLP;
October 14, 2014, previously published on October 7, 2014The Internal Revenue Service (IRS) has disputed the tax consequences for holders of barrier call options for at least five years. Recently, however, Congress and the IRS have sought to use the court of public opinion and the rules for accounting method changes to influence the outcome in tax audits...
|Federal Judge Rules to Allow Extrapolation on More Than 50,000 Claims in FCA Case|
Samantha P. Kingsbury, Ellyn L. Sternfield; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
October 14, 2014, previously published on October 6, 2014Last week, a Tennessee federal district court judge ruled that government attorneys can extrapolate from a small sample of billing statements to over 50,000 claims submitted by Life Care Centers of America, Inc. (a nursing home operator) to try to hold Life Care Centers liable under the False...
|Government Contracting, the False Claims Act and the Art of Voluntary Disclosures|
Brett W. Johnson; Snell & Wilmer L.L.P.;
October 13, 2014, previously published on September 2014With the end of the high levels of government contract spending during the Great Recession and the advent of sequestration and budget cuts, government contractors are competing for fewer and fewer opportunities. As this is occurring, government contracting officers, inspector generals, third-party...
|Governor Signs Off on New Tax-Increment Financing Structure|
Alfred Fraijo, Kira N. Teshima; Sheppard, Mullin, Richter & Hampton LLP;
October 10, 2014, previously published on October 7, 2014On September 29, Governor Brown signed legislation that is seen as creating a robust new financing tool which will expand the existing mechanism of Infrastructure Financing Districts (“IFDs”) and replicate some of the functions of the state’s abolished local redevelopment...
|Quebec Introduces An Act respecting the Société du Plan Nord|
Daniel Bénay, Louis-Nicolas Boulanger, Damian Marczuk; McCarthy Tétrault LLP;
October 9, 2014, previously published on October 3, 2014Quebec has introduced legislation to create the Société du Plan Nord (Company), the Crown corporation which will coordinate and contribute to the implementation of the government’s policy directions relating to the Plan Nord (or Northern Plan), the Government-led strategy for...
|Recent Remarks By Officials Reinforce DOJ’s Focus On Criminal Fraud Investigations And Prosecutions Of Culpable Individuals|
Christopher E. Hale; Sheppard, Mullin, Richter & Hampton LLP;
October 9, 2014, previously published on September 29, 2014In a trio of speeches given at separate events on September 17, 2014, Department of Justice (“DOJ”) officials announced new initiatives and points of emphasis in the Government’s ongoing efforts to hold corporations and corporate officers criminally liable in the aftermath of the...
|DC Circuit Ruling Confirms Reasonableness Of Resellers Relying On TAA Certifications From Suppliers|
Christopher M. Loveland; Sheppard, Mullin, Richter & Hampton LLP;
October 9, 2014, previously published on September 29, 2014The U.S. Court of Appeals for the District of Columbia Circuit has issued a ruling bringing to an end the long-running False Claims Act (“FCA”) case filed by relator Brady Folliard and providing useful guidance to resellers servicing the Federal government through the GSA Multiple Award...
|Governor Signs Legislation Amending California's Water Service Duplication Statute|
Piero (Pedro) C. Dallarda, Kendall H. MacVey, Lucas I. Quass; Best Best & Krieger LLP;
October 8, 2014, previously published on October 3, 2014Assembly Bill 2443, signed Monday by Gov. Jerry Brown, amends California’s Water Service Duplication Statute to allow for political subdivisions, such as municipalities or county water districts, to provide recycled water service to customers within the service area of privately owned water...