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Government Contracts
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March 21, 2024
El Paso Says US Can't Weigh In On Tribal Land Suit
El Paso, Texas, is fighting the federal government's bid to back the Ysleta del Sur Pueblo in its land ownership suit, arguing that the government is trying to force a school district to exchange land with the tribe for a promise it won't file aboriginal rights' claims in the area.
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March 21, 2024
Army's Rush For New Strykers Backfired, GAO Says
The U.S. Army introduced risks to a program meant to increase the lethality of Stryker combat vehicles by ordering more than 260 upgraded vehicles without first reviewing whether the contractor was ready to produce them, a federal watchdog has reported.
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March 21, 2024
VA May Have Acted In Bad Faith On $30M Debt Collection Deal
The U.S. Civilian Board of Contract Appeals refused to toss a $29.6 million appeal accusing the U.S. Department of Veterans Affairs of hampering a contractor's efforts to collect funds from outside insurers, saying the VA may have acted in bad faith.
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March 21, 2024
Hospital Operator Alecto Healthcare Gets OK For Ch. 11 Plan
A Delaware bankruptcy judge agreed to give hospital operator Alecto Healthcare Services LLC the all-clear on the company's Chapter 11 reorganization plan, saying the scheme was fair, achievable and made appropriate provisions for disposable income.
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March 21, 2024
Fla. High Court Won't Take Up Gambling Compact Challenge
The Florida Supreme Court refused Thursday to take up a challenge by two casino operators over the state's gambling pact with the Seminole Tribe, declaring the petition — which says the governor exceeded his authority in signing the pact — is the improper vehicle for assessing the constitutionality of the pact.
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March 21, 2024
6th Circ. Judge Doubts Challenge To $39B Student Debt Relief
A Sixth Circuit judge was skeptical Thursday that two libertarian think tanks had shown the Biden administration's plan to wipe out billions of dollars in student loan debt puts them at a disadvantage to recruit indebted lawyers, saying the groups didn't fully explain who they were competing against.
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March 21, 2024
Government Contractor Wants Out Of Exit Pay Suit
A government contractor said federal law doesn't cover its policy giving employees a bonus upon retirement, but workers lodging a lawsuit against the company weren't eligible for the payments anyway, urging a North Carolina court to toss the suit.
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March 20, 2024
Bridge Repair Workers Get Partial Cert. In Conn. OT Suit
A Connecticut federal judge has conditionally certified a boat captain's federal wage claims against a government subcontractor specializing in bridge projects, reasoning he sufficiently pled a violation of overtime pay policy, while declining to greenlight sub-collectives under New Jersey and Pennsylvania laws.
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March 20, 2024
Philly Charter School Exec Convicted Of Embezzlement
A nonprofit executive was convicted Wednesday in Pennsylvania federal court on all 18 counts of siphoning funds from a tax-exempt educational and housing organization to live lavishly, while the same jury found a colleague guilty of conspiracy to commit fraud but absolved him of other charges.
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March 20, 2024
Republican Bill Targets Colleges Hiring Unauthorized Workers
Sen. J.D. Vance, R-Ohio, and Rep. Jim Banks, R-Ind., have introduced legislation to prevent universities that receive federal funding from hiring unauthorized immigrants.
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March 20, 2024
How The Supreme Court Could Narrow Chevron
After hours of oral argument in a closely watched administrative law case, it appeared that some U.S. Supreme Court justices could be open to limiting the opportunities for lower courts to defer to federal agencies' legal interpretations in disputes over rulemaking — and legal experts said there are a number of ways they could do it.
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March 20, 2024
Breaking Down Each State's Climate Priority Policies
Forty-five states have now completed climate action plans outlining how they'll advance federal climate goals through policy and programs in coming years, with most focusing at least in part on real estate development as a way to reduce emissions.
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March 20, 2024
Intel, Commerce Dept. Forge $8.5B Logic Chip Partnership
A proposed $8.5 billion partnership between the federal government and Intel Corp. could yield thousands of jobs and up to $100 billion in logic chip facility expansion and modernization in four states.
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March 20, 2024
Senators Want More Scrutiny For Defense M&A Deals
Two U.S. senators are calling on the Pentagon to shift the way it reviews defense industry mergers and dedicate more staff to the task, saying that contractor consolidation is jeopardizing national security and diminishing returns for taxpayer dollars.
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March 20, 2024
Law360 Announces The Members Of Its 2024 Editorial Boards
Law360 is pleased to announce the formation of its 2024 Editorial Advisory Boards.
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March 20, 2024
US Chamber's Litigation Funding Concerns Spur 2 State Laws
Amid concerns from the U.S. Chamber of Commerce about third-party litigation funding, including from potentially hostile foreign entities, state legislatures in Indiana and West Virginia have recently passed bills imposing restrictions on the practice.
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March 19, 2024
Texas Energy Co. Should Put Service Before Price, Court Hints
Texas Supreme Court justices questioned an electricity provider about its argument that the Public Utility Commission of Texas' policy setting price caps during extreme events goes against state law, asking if the agency should prioritize competition over keeping "the lights on" during oral arguments Tuesday.
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March 19, 2024
Contractor Can't Refute GSA Audit Power, Gov't Tells DC Circ.
The federal government urged the D.C. Circuit to uphold a lower court ruling that the General Services Administration had the authority to audit a Crowley Government Services Inc. military transportation contract, saying the ruling leaned on a clear interpretation of an underlying statute.
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March 19, 2024
LA Councilman's Wife Tells RICO Jury Of Vegas Cash Wads
Former Los Angeles City Councilman Jose Huizar's wife got into a disagreement with him once over a wad of cash he brought back from a trip to Las Vegas with a billionaire developer, she testified Tuesday to a federal jury considering racketeering charges against another former city official, Raymond Chan.
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March 19, 2024
GEO Fights Wash. Bid For State Inspectors' Entry Into ICE Jail
GEO Group is pushing back against Washington state's request for a preliminary injunction forcing the private prison operator to let inspectors into a Tacoma-area immigrant detention facility, saying the suit is likely to flop, especially given a federal judge's recent decision to partially suspend the state law regulators have relied upon to get inside.
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March 19, 2024
5th Circ. Won't Rehear Ex-Raytheon Worker's Firing Suit
The Fifth Circuit on Tuesday refused to rehear an engineer's claims that he was fired by Raytheon for flagging issues with a defense system, keeping intact its ruling that national security concerns barred the retaliation case.
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March 19, 2024
Immunity Ruling Doesn't Apply To CACI, Iraqi Ex-Detainees Say
Former detainees at Iraq's Abu Ghraib prison fought to preserve their claims against a Virginia-based defense contractor they claim is complicit in their torture, saying the company's reliance on a U.S. Supreme Court ruling to establish immunity lacks merit.
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March 18, 2024
'Brazen' Text By LA Pol Surfaces In Raymond Chan RICO Trial
A former lobbyist received a "brazen" text from then-Los Angeles City Councilmember Jose Huizar in 2018 seeking a bribe from his developer client, according to testimony heard on Monday by a Los Angeles federal jury considering racketeering and bribery charges against another former city official, Raymond Chan.
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March 18, 2024
Philly Nonprofit Execs Lived Large On Co. Money, Jury Told
Jurors should not believe arguments from two nonprofit executives who are former associates of City Councilman Kenyatta Johnson who said they simply made bookkeeping mistakes and didn't concoct an alleged scheme to spend company money on things like huge bonuses, lavish vacations and bribing a Milwaukee school official, federal prosecutors said Monday.
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March 18, 2024
Claims Court Won't Let Army Out Of Contract Breach Claims Yet
A U.S. Court of Federal Claims judge ruled that a clause in a U.S. Army training service deal allowed it to end a contractor's deal but said he couldn't yet rule on claims the Army breached the deal by not making full payments.
Expert Analysis
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How Law Firms Can Use Account-Based Marketing Strategies
Amid several evolving legal industry trends, account-based marketing can help law firms uncover additional revenue-generating opportunities with existing clients, with key considerations ranging from data analytics to relationship building, say Jennifer Ramsey at stage LLC and consultant Gina Sponzilli.
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Strategic Succession Planning At Law Firms Is Crucial
Senior partners' reluctance to retire, the rise of the nonequity partner tier and generational differences in expectations are all contributing to an increasing number of departures from BigLaw, making it imperative for firms to encourage retirement among senior ranks and provide clearer leadership pathways to junior attorneys, says Laura Leopard at Leopard Solutions.
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UK Mozambique Ruling Will Have Int'l Ramifications
The recent U.K. Supreme Court judgment in Mozambique v. Privinvest considered for the first time stay proceedings under the Arbitration Act, offering guidance on whether claims are a "matter" within the scope of an arbitration clause, which could become a point of reference for foreign courts in the future, say lawyers at Herbert Smith.
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Maximizing Law Firm Profitability In Uncertain Times
As threats of an economic downturn loom, firms can boost profits by embracing the power of bottom-line management and creating an ecosystem where strategic financial oversight and robust timekeeping practices meet evolved client relations, says Shireen Hilal at Maior Strategic Consulting.
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Steps For Gov't Contractors On The OFCCP's Audit List
Federal contractors on the Office of Federal Contract Compliance Programs' most recent list of firms flagged for potential audit should take certain steps now in light of the agency’s new scheduling letter, which significantly increases the burden and potential risks for contractors, say Andrew Turnbull and Sadé Tidwell at MoFo.
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5th Circ. Ruling Reminds Attys That CBP Can Search Devices
The Fifth Circuit’s recent Malik v. Department of Homeland Security decision adds to the chorus of federal courts holding that border agents don’t need a warrant to search travelers’ electronic devices, so attorneys should consider certain special precautions to secure privileged information when reentering the U.S., says Jennifer Freel at Jackson Walker.
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Avoiding The Ethical Pitfalls Of Crowdfunded Legal Fees
The crowdfunding of legal fees has become increasingly common, providing a new way for people to afford legal services, but attorneys who accept crowdsourced funds must remember several key ethical obligations to mitigate their risks, say Hilary Gerzhoy and Julienne Pasichow at HWG.
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3 Action Items For Contractors Facing A Gov't Shutdown
Federal contractors can help ensure they are well situated to endure a potential government shutdown by reviewing project funding levels and contractual stop-work clauses, and communicating with contracting officers and subcontractors about their respective obligations, says Derek Mullins at Butzel Long.
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What Large Language Models Mean For Document Review
Courts often subject parties using technology assisted review to greater scrutiny than parties conducting linear, manual document review, so parties using large language models for document review should expect even more attention, along with a corresponding need for quality control and validation, say attorneys at Sidley.
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Checking In On How SuperValu Has Altered FCA Litigation
Four months after the U.S. Supreme Court's ruling in U.S. ex rel. Chutte v. SuperValu, the decision's reach may be more limited than initially anticipated, with the expansion of the scienter standard counterbalanced by some potential defense tools for defendants, say Elena Quattrone and Olivia Plinio at Epstein Becker.
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Tossed FIFA Bribery Convictions May Spur New DOJ Offense
After a New York federal court vacated the bribery convictions of two defendants in the U.S. Department of Justice’s sprawling FIFA probe, prosecutors may continue to pursue foreign commercial corruption through other means, albeit with some limitations, say attorneys at Cleary.
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Series
Participating In Living History Makes Me A Better Lawyer
My role as a baron in a living history group, and my work as volunteer corporate counsel for a book series fan association, has provided me several opportunities to practice in unexpected areas of law — opening doors to experiences that have nurtured invaluable personal and professional skills, says Matthew Parker at the Nebraska Department of Health and Human Services.
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Opinion
Private Equity Owners Can Remedy Law Firms' Agency Issues
Nonlawyer, private-equity ownership of law firms can benefit shareholders and others vulnerable to governance issues such as disparate interests, and can in turn help resolve agency problems, says Michael Di Gennaro at The Law Practice Exchange.
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Contract Disputes Recap: Avoid Pleading Errors' Harsh Effects
Zachary Jacobson and Stephanie Magnell at Seyfarth examine three recent cases that illustrate the severe consequences different pleading errors may have on a government contractor's ability to pursue a contract dispute, sometimes forever precluding relief regardless of the merits of a claim.
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Not To Be Outpaced: How The 2024 NDAA Addresses China
Both the House and Senate versions of the 2024 National Defense Authorization Act include numerous provisions aimed at strengthening U.S. deterrence and competitive positioning vis-à-vis China, while imposing significantly more disruptive burdens on government contractors and their suppliers than in prior years, say attorneys at Covington.