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Government Contracts
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April 15, 2024
Claims Court Backs VA's Pick For Healthcare Conversion Deal
The U.S. Court of Federal Claims has backed the U.S. Department of Veterans Affairs' decision to tap a healthcare technology company to convert paper-based healthcare claims into electronic formats despite protests from two competitors for the work that allege the VA assigned them undeserved weaknesses.
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April 15, 2024
Security Co. Faces Trial Over Poorly Trained Guards In Kabul
Allegations that an international security company defrauded the U.S. government by skimping mandatory refresher training for guards protecting diplomatic sites in Afghanistan will be heard at trial after a Georgia federal judge refused to throw out a former supervisor's whistleblower suit.
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April 15, 2024
High Court Won't Hear California Tribal Casino Dispute
The U.S. Supreme Court on Monday denied a bid by an anti-casino advocacy group seeking to overturn a Ninth Circuit decision that dismissed their case after determining that the Ione Band of Miwok Indians is eligible to go forward with its project in California.
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April 15, 2024
Justices Pass On Norfolk Southern Claim To Rail Line Control
The U.S. Supreme Court declined Monday to hear Norfolk Southern Railway Co.'s challenge to a 2022 Surface Transportation Board ruling that the freight railroad company can't control Virginia's Belt Line, which opened it up to an antitrust suit from rival CSX Transportation Inc. over its rate-setting.
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April 12, 2024
GEO Seeks Wash. ICE Detention Law's Permanent End
Private prison operator GEO Group Inc. told a Washington federal court judge that the fact the court found parts of a law aimed at improving private prison standards unconstitutional meant the court should permanently bar the law's enforcement.
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April 12, 2024
Split PTAB Panel Upholds QinetiQ Fracking Patent
A British defense contractor successfully fought off a legal challenge surrounding its patent covering a fracking device, in a ruling from the Patent Trial and Appeal Board that was split three ways over the matter.
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April 12, 2024
Fed. Circ.'s Fight With Newman: A Year In Review
One year has passed since it came to light that the Federal Circuit's judges were investigating whether their colleague, U.S. Circuit Judge Pauline Newman, was mentally competent to remain on the court. In that time, Judge Newman has garnered support from many in the patent community, but has faced a series of setbacks in her legal challenges.
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April 12, 2024
Fed. Circ.'s Competency Feud With Newman Turned Personal
A year after the Federal Circuit publicly acknowledged its investigation into U.S. Circuit Judge Pauline Newman's mental and physical competency, the nonagenarian still refuses to follow the court's medical testing orders and remains determined to reclaim her seat on the bench.
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April 12, 2024
Petition Watch: Judge DQs, 'Excessive' Damages & Price Wars
A former al-Qaida member has asked the U.S. Supreme Court to clarify disqualification protocol for judges overseeing a case related to their prior work as a government attorney, and energy drink manufacturers want the court to develop a modern-day test to determine if companies qualify as price-discrimination competitors. Here's four high court petitions filed recently that you might've missed.
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April 12, 2024
Space Force Opportunities Come With Uncertainties For Cos.
The U.S. Space Force's new plan to rely more on the private sector offers growth opportunities for the commercial aerospace industry, but experts say businesses should be wary of budgetary constraints and regulatory uncertainties.
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April 12, 2024
Judge Rejects Tehum's $54M Bid To Resolve Injury Suits
A Texas bankruptcy judge has rejected prison healthcare company Tehum Care Services Inc.'s $54 million settlement to resolve hundreds of personal injury suits while declining the claimant committee's request to dismiss the Chapter 11 case.
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April 12, 2024
Jackson Lewis Hires Employment Litigator In Baltimore
Employer-side firm Jackson Lewis PC has added a former U.S. Equal Employment Opportunity Commission litigator to its Baltimore office who says her experience with the federal bias watchdog gives her a comprehensive view on how to advise clients.
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April 12, 2024
DOI Sews Up Overhaul Of Oil Leasing Regs And Rates
The U.S. Department of the Interior on Friday finalized its overhaul of decades-old onshore oil and gas leasing regulations and rates with an eye on guiding oil and gas drilling toward already developed public lands.
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April 12, 2024
Feds Say Ga. Apartments Denied Wheelchair Accommodation
Federal prosecutors on Thursday hit a Savannah, Georgia, apartment complex, a local housing authority and other defendants with a Fair Housing Act complaint alleging they denied a disabled resident an accessible apartment in spite of her repeated requests that they accommodate her disability.
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April 12, 2024
Judge Pauline Newman's Year In Her Own Words
April 14 marks the one-year anniversary of when the Federal Circuit confirmed an unprecedented investigation into whether U.S. Circuit Judge Pauline Newman was mentally and physically competent to remain on its bench, and the judge has not been allowed to hear cases during that time. Here is what she had to say about the investigation in an interview with Law360.
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April 12, 2024
Up Next At High Court: Jan. 6, Gratuities & Ineffective Attys
The U.S. Supreme Court will return Monday for the term's last two weeks of oral arguments, during which it will consider whether the U.S. Department of Justice can use the Sarbanes-Oxley Act to prosecute defendants accused of storming the U.S. Capitol on Jan. 6, 2021, and the correct standard courts should apply when reviewing malicious prosecution claims.
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April 12, 2024
Asbury Park Escapes Pot Co.'s Zoning Board Conspiracy Suit
A New Jersey federal court has dismissed a medical cannabis company's suit alleging Asbury Park and its zoning board conspired with a rival to block it from operating a treatment center, saying the complaint fails to support its allegations of the scheme.
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April 11, 2024
Sandoz Says Feds Misclassified Generics As 'Innovator Drugs'
Pharmaceutical company Sandoz Inc. sued the Centers for Medicare & Medicaid Services in Washington, D.C., federal court on Wednesday, alleging the agency ignored the company's objection to classifying two of its generics as "innovator drugs," which could impact Sandoz's rebate obligations under Medicaid.
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April 11, 2024
Judge Criticizes USPS As K-9 Screening Contract 'Saga' Ends
A Court of Federal Claims judge criticized the U.S. Postal Service on Thursday for poor communication and management related to a canine mail screening procurement, as he ruled that a company whose screening contract was terminated could not join a related protest.
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April 11, 2024
Judge Calls Out Colo. For Limiting Prisoner Calls With Attys
A Colorado state judge on Thursday said the state's prisons seemed to be imposing "draconian" limits on virtual calls between prisoners and their lawyers, telling officials to figure out how to do more for those seeking to join a proposed class action accusing the state of using them for slave labor.
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April 11, 2024
China Sanctions 2 US Defense Firms For Taiwan Arms Sales
China on Thursday hit General Atomics Aeronautical Systems and General Dynamics Land Systems with sanctions for selling arms to Taiwan, a move that bans the defense companies' senior management and freezes the companies' assets in the country.
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April 11, 2024
DOI Lowers Fees For Solar, Wind Projects On Public Lands
The U.S. Department of the Interior unveiled finalized updates to its renewable energy regulations on Thursday that are aimed at promoting the development of solar and wind energy on public lands by lowering the associated fees.
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April 11, 2024
Ex-Atlanta Worker Says City's Missing Docs Merits Sanctions
Counsel for a former city of Atlanta department head who says she was fired after blowing the whistle on failures in its immigrant outreach services urged a Georgia federal judge on Thursday to hit the city with sanctions for reportedly destroying communications related to her termination.
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April 11, 2024
Software Co., NC Officials Want Out Of Digital Courts Row
Software company Tyler Technologies, North Carolina court administrators and two sheriffs have asked a federal court to release them from a proposed class action alleging the state's new digital filing system has led to unlawful arrests and detentions.
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April 11, 2024
Medtronic Can't Ditch Ex-Sales Rep's Retaliation Claim
Medical device maker Medtronic can't avoid a whistleblower retaliation claim by a former sales rep who says he was pushed out after reporting what he suspected to be a kickback scheme to the U.S. Food and Drug Administration, a federal judge said Wednesday.
Expert Analysis
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Lessons From This Year's Landmark Green Energy IP Clash
In this year's Siemens v. General Electric wind turbine patent dispute, a Massachusetts federal court offers a cautionary tale against willful infringement, and highlights the balance between innovation, law and ethics, as legal battles like this become more frequent in the renewable energy sector, say John Powell and Andrew Siuta at Sunstein.
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Series
The Pop Culture Docket: Judge D'Emic On Moby Grape
The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.
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Inside DOD's Final Commercial Products And Services Rule
The recently released final amendment of a Defense Federal Acquisition Regulation Supplement provision will help streamline negotiations over subcontracts that provide commercial products and services, but its failure to address certain key questions means government contractors must still await further guidance, say Alex Sarria and Connor Farrell at Miller & Chevalier.
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Series
Performing Music Makes Me A Better Lawyer
The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.
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Bid Protest Spotlight: Bias, Unequal Discussions, Timeliness
In this month's bid protest roundup, James Tucker at MoFo offers takeaways from three bid protests in the U.S. Government Accountability Office relating to the high standard for protests that allege agency bias, seeking revised proposals from just one offeror, and untimely objections to solicitation terms.
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Breaking Down High Court's New Code Of Conduct
The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.
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A Gov't Contractor's Guide To Davis-Bacon Prevailing Wages
Excerpt from Practical Guidance
In light of shifting federal infrastructure priorities and recent updates to U.S. Department of Labor regulations, employers should take the time to revisit the basics of prevailing wage requirements for federal contractors under the Davis-Bacon Act and similar laws, says Timothy Taylor at Holland & Knight.
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What New DHS Cybersecurity Policy Means For Bid Protests
The U.S. Department of Homeland Security's recently unveiled policy of factoring cybersecurity self-assessments into its overall evaluation of contractors could raise novel bid protest considerations for offerors in both the pre-award and post-award contexts, say Amy Hoang at Seyfarth and Sandeep Kathuria at L3Harris Technologies.
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Opinion
Legal Profession Gender Parity Requires Equal Parental Leave
To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.
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Series
Writing Thriller Novels Makes Me A Better Lawyer
Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.
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What Lawyers Must Know About Calif. State Bar's AI Guidance
Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.
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Industry Must Elevate Native American Women Attys' Stories
The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.
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Understanding Discovery Obligations In Era Of Generative AI
Excerpt from Practical Guidance
Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.
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The Case For Post-Bar Clerk Training Programs At Law Firms
In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.
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Contracts Disputes Recap: Be Mindful Of Termination Clauses
Edward Arnold and Sarah Barney at Seyfarth examine three recent rulings — one from the U.S. Court of Federal Claims and two from the Armed Services Board of Contract Appeals — that highlight the termination clause as one of the most potent remedy-granting contract clauses.