Raymond Biagini

Raymond Biagini

A distinguished counselor and litigator, Raymond Biagini has risen to national prominence in a number of high-profile tort cases, defending commercial and government contractors.  In particular, Mr. Biagini’s cases have established key legal principles in high profile “contractor on the battlefield” tort suits.  In 2002, Mr. Biagini authored the core provisions of the U.S. SAFETY Act which protects homeland security companies from enterprise-threatening tort suits arising out of terror attacks.  Mr. Biagini also has an extensive product liability prevention practice, counseling companies on mechanisms for reducing their tort exposure for products and services sold to government and commercial entities.

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Construction Contractors: The Government Contractor Defense is Alive and Well in the Fifth Circuit

Construction contractors take note: the government contractor defense is alive and well in the Fifth Circuit. In Sewell v. Sewerage and Water Board of New Orleans, the Fifth Circuit recently confirmed that construction companies can successfully assert the government contractor defense in response to tort lawsuits that arise from their performance of federal public works … Continue Reading

Supreme Court Hears Argument Over False Claims Act’s Seal Requirement

Last week, the United States Supreme Court heard argument in State Farm Fire & Casualty Co. v. United States ex rel. Rigsby over the False Claims Act’s (FCA) “seal requirement.”  The controversy highlights an important statutory tool for government contractors who face allegations of making false claims for payment.  It also provides important lessons for … Continue Reading

Acquisition Reform Ramps Up Early in 2016

House Armed Services Committee Chairman Mac Thornberry is wasting no time in his efforts to build on last year’s reforms to the defense acquisition system.  Less than a year after he launched his opening salvo in a new round of changes, Chairman Thornberry previewed the year ahead with a recent hearing and a presentation at … Continue Reading

OSAI Issues Guidance on the Government Contractor Defense for Certified Anti-terror Technologies

Congress enacted the SAFETY Act in 2002 in an effort to incentivize the development of anti-terrorism technologies following the attacks of September 11, 2001.  The Act affords liability protections to sellers of Qualified Anti-Terrorism Technologies (“QATTs”) in the event of an act of terrorism where QATTs are deployed.  Although the SAFETY Act’s protections have not … Continue Reading

NDAA — Vetoed for Now — Includes New Cybersecurity Provisions for Contractors

On October 22, 2015, President Obama vetoed the National Defense Authorization Act (“NDAA”) for Fiscal Year 2016.  In so doing, the President cited concerns over provisions keeping in place the sequester, preventing reforms to modernize the military, and making it more difficult to close Guantanamo Bay.  As a result, the acquisition provisions of the 2016 … Continue Reading

Lock Down of Nuclear Site:  False Alarm, with a Lesson Learned

Last week the Savannah River Site (“SRS”) in South Carolina, a large nuclear facility owned by the U.S. Department of Energy (“DOE”), went into a lock down after electronic and canine scans of a commercial delivery truck attempting to enter the facility indicated possible explosive residue on the vehicle.  Fortunately, the lock down was lifted … Continue Reading

SAFETY First: Using the SAFETY Act to Bolster Cybersecurity

We have already seen tremendous fallout from recent cyber attacks on Target, the U.S. Office of Personnel Management, Sony Pictures, and J.P. Morgan.  Now imagine that, instead of an email server or a database of information, a hacker gained access to the controls of a nuclear reactor or a hospital.  The potential consequences are devastating: … Continue Reading

The D.C. Circuit’s Message to Injured Government Contractor Employees: ‘There’s an Exclusive Remedy For That’

Last week, in an important decision for contingency contractors supporting U.S. stability operations overseas, the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) reaffirmed that the Defense Base Act (DBA) prescribes the exclusive remedies available to employees of government contractors who are injured while working abroad. In doing so, the D.C. … Continue Reading

Proposed “Fair Pay and Safe Workplaces” Regulations Clarify New Responsibilities for Government Contractors

On May 28, 2015, the Federal Acquisition Regulatory (FAR) Council published proposed regulations that create additional obstacles for offerors seeking to obtain government contracts.  As we previously discussed, these regulations implement the “Fair Pay and Safe Workplaces” Executive Order 13673 that President Obama signed on July 31, 2014.  The regulations, which were accompanied by and … Continue Reading

Recent GAO Bid Protest Decisions Remind Contractors of Strict Filing Requirements

A pair of recent bid protest decisions serve to remind contractors of the strict requirements for filing of protests before the Government Accountability Office (GAO).  While many contractors are generally aware of the rapidly expiring filing periods of post-award bid protests, and jurisdictional limits on task order protests, even the most seasoned contractors can confuse … Continue Reading
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