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Government Contracts
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April 18, 2024
Claims Court Tosses L3Harris' Protest To $544M Satellite Deal
The U.S. Court of Federal Claims threw out L3Harris Technologies Inc.'s challenge to a rival's $544 million contract to build part of a weather satellite for NASA, according to a court filing.
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April 18, 2024
Alleged Funeral Home Fraudster A Flight Risk, Can't Leave Jail
A Colorado federal judge on Thursday ordered an owner of a funeral home where hundreds of bodies were allegedly left to decompose to stay in custody while he awaits related fraud charges, ruling that the potential for a hefty sentence made him a flight risk.
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April 18, 2024
Defense Paints Friend As Snitch In Ex-Ecuador Official's Trial
The defense attorney for former Ecuador comptroller Carlos Ramon Polit Faggioni painted a reinsurer who testified Wednesday against the official as a snitch and turncoat during a federal money laundering trial in Miami, saying he effectively became a government agent to get information that could be used against his friend.
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April 18, 2024
Army Didn't Award $693M Deal To Avoid Litigation, GAO Says
The U.S. Government Accountability Office shot down an Alabama engineering research firm's protest of a $692.9 million U.S. Army contract for test support services, rejecting the firm's contention that the Army awarded the deal to a competitor to avoid litigation.
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April 18, 2024
Clinic Head Gets 9 Years For Medicare Kickback, Tax Scheme
A health clinic manager was sentenced to nine years in prison and ordered to pay $40 million in restitution to the government for participating in a multimillion-dollar healthcare kickback scheme that involved tax fraud, according to documents in a New York federal court.
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April 18, 2024
GAO Rejects Another Protest Over $1B Medicare IT Deal
The U.S. Government Accountability Office has rejected another protest over an up to $1 billion Centers for Medicare and Medicaid Services information technology deal, saying the agency fairly assessed Spatial Front Inc.'s proposal and didn't treat the company unequally.
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April 18, 2024
Feds Say Ga. On The Hook For Segregated Learning Programs
Attorneys for the U.S. Department of Justice on Thursday urged a federal court to advance to trial a nearly 8-year-old lawsuit that accused the state of Georgia of running a "separate and unequal" program that segregates thousands of students with disabilities into substandard learning conditions.
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April 18, 2024
Would-Be Whistleblowers Drop ER Service Overbilling Claims
A North Carolina federal judge has granted two whistleblowers' request to drop their suit accusing a pair of healthcare companies and their affiliates of overcharging both state and federal Medicare and Medicaid programs for emergency services provided at multiple regional hospitals, dismissing the case without prejudice.
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April 18, 2024
Building Groups Say They Can Fight Prevailing Wage Rule
Several construction trade groups told a Texas federal judge that they don't need to point to specific members to support their argument that a U.S. Department of Labor final rule regulating prevailing wages will hurt them, urging the court to keep alive their suit challenging the rule.
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April 18, 2024
Admiral Balks At Covering Menendez Ally In Pollution Suit
Admiral Insurance Co. is asking a New Jersey federal court for a declaration that it owes no coverage to a businessman who is a co-defendant in U.S. Sen. Bob Menendez's bribery trial in a decade-long suit by Edgewater Borough over contamination at a construction site.
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April 18, 2024
DHS Watchdog Finds Use Of Force Issues In Fla. ICE Facility
Officers at a U.S. Immigration and Customs Enforcement detention facility in Miami used inappropriate force on detainees, including pepper-spraying a harmless and isolated individual through a slot in a cell door, according to a government watchdog report.
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April 18, 2024
Maui County Sued Over Wildfire Landfill Debris Storage
Maui County has been slapped with a lawsuit in Hawaii federal court alleging it relied on a deficient, 28-year-old environmental impact statement when taking over a nearly 20-acre parcel of land to house debris from last year's massive wildfires, in violation of the Hawaii Environmental Protection Act.
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April 18, 2024
Morgan Lewis Continues DC Growth With Ex-Covington Atty
Morgan Lewis & Bockius LLP has hired a career Covington & Burling LLP attorney, who joins the firm just days after a trio of Crowell & Moring LLP attorneys made the jump to the firm, two of whom are also based in Washington, D.C.
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April 17, 2024
NY Settles With Payroll, Prepaid Card Bank For $700K
Pathward, formerly MetaBank, has reached a $700,000 agreement with New York Attorney General Letitia James to resolve allegations the bank broke the law by freezing certain customer accounts and illegally handing over customer money to debt collectors.
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April 17, 2024
Damages Still Possible In Lease Tax Reimbursement Row
A Court of Federal Claims judge has ruled that the General Services Administration could unilaterally adjust the real estate tax reimbursement methodology under a lease for the Defense Health Agency's headquarters building, but the building owner may still be owed damages.
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April 17, 2024
Minn. Operator Wants To Stop Casinos' Class III Gambling
The operator of a commercial casino and horse racetrack has sued three tribal-owned casinos in Minnesota federal court on claims they're violating the Racketeer Influenced and Corrupt Organization Act, accusing them of running criminal gambling activities that break state and federal laws.
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April 17, 2024
GAO Says Company Rightly Left Out Of $1B Medicare IT Deal
The U.S. Government Accountability Office has denied a company's protest over its exclusion from a $1 billion Centers for Medicare and Medicaid Services information technology deal, saying the protester proposed using types of workers not covered by an overarching contract.
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April 17, 2024
Mich. Justice Warns Of Price Tag In School Liability Case
A Michigan Supreme Court justice on Wednesday said a victory for a mother seeking to hold a school liable for her toddler's dangerous fall from bleachers could have far-reaching implications, potentially requiring expensive upgrades at public buildings across the state, including courthouses.
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April 17, 2024
Lab Whistleblower Drops COVID Test Suit After Feds Pass
An ex-lab director has dropped his False Claims Act lawsuit alleging he was ousted from a diagnostic testing firm for raising concerns about regulatory violations and improper billing of federal health care programs, closing his Washington federal court case just days after the government declined to intervene.
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April 17, 2024
Racetrack's Unlisted Use Unremarkable, Mich. Justice Says
A Michigan Supreme Court justice said Wednesday it was not "particularly remarkable" that a zoning ordinance did not list all approved commercial uses, as residents push the court to restrict a race dragway's operations, noting that the law uses examples because it would be impossible to list everything allowed.
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April 17, 2024
'Ringleader' Of Black Market HIV Drug Scam Gets 9 Years
A New York federal judge on Wednesday sentenced a pharmacy operator to nine years in prison for spearheading a $13 million scheme to sell black market HIV medication and collect fraudulent reimbursements from Medicaid and Medicare.
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April 17, 2024
Longtime Nossaman Infrastructure Pro Joins Norton Rose
Norton Rose Fulbright announced that it has hired an experienced attorney who has spent the last 20 years with Nossaman LLP as the firm's new co-head of its U.S. and North American infrastructure teams.
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April 17, 2024
Contractor Blamed For $4.4M Damage To Wind Turbine
A Massachusetts company under contract to maintain wind turbines at a wastewater treatment facility in Boston Harbor failed to property shut down one of them after a mechanical problem, leading to further "catastrophic" damage that will cost nearly $4.4 million to address, according to a lawsuit filed in state court.
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April 17, 2024
'Fat Leonard' Prosecutors Say 5 More Plea Deals Tainted
Federal prosecutors in San Diego have agreed to let several former U.S. Navy officers withdraw their felony pleas in the "Fat Leonard" bribery scandal, citing "serious" lapses that wiped out other convictions in the high-profile case.
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April 17, 2024
Feds, Tribe Say Settlement Talks Failed In Water Pipeline Row
The Tonawanda Seneca Nation and the U.S. Fish and Wildlife Service asked a New York federal court to opt out of mediation talks after the tribe said the agency refused its settlement offer in litigation challenging a right-of-way permit for a wastewater pipeline.
Expert Analysis
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Series
Playing In A Rock Cover Band Makes Me A Better Lawyer
Performing in a classic rock cover band has driven me to hone several skills — including focus, organization and networking — that have benefited my professional development, demonstrating that taking time to follow your muse outside of work can be a boon to your career, says Michael Gambro at Cadwalader.
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Series
The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'
The murder trials in Netflix’s “The Lincoln Lawyer” illustrate the stark contrast between the ethical high ground that fosters and maintains the criminal justice system's integrity, and the ethical abyss that can undermine it, with an important reminder for all legal practitioners, say Judge Adam Espinosa and Andrew Howard at the Colorado 2nd Judicial District Court.
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Bid Protest Spotlight: Deference Limit, Close-At-Hand Doctrine
In this month's bid protest roundup, Roke Iko at MoFo examines a recent decision from the U.S. Court of Federal Claims about the parameters of agency deference, and one from the U.S. Government Accountability Office that highlights the risk to offerors of relying heavily on evaluators’ prior knowledge.
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New DOJ Roles Underscore National Security Focus
The U.S. Department of Justice’s recent creation of two new leadership positions signals to the private sector that federal law enforcement is pouring resources into corporate investigations to identify potential national security violations, say attorneys at Ballard Spahr.
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Opinion
Newman Suspension Shows Need For Judicial Reform
The recent suspension of U.S. Circuit Judge Pauline Newman following her alleged refusal to participate in a disability inquiry reveals the need for judicial misconduct reforms to ensure that judges step down when they can no longer serve effectively, says Aliza Shatzman at The Legal Accountability Project.
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Lessons From Verizon's Cybersecurity FCA Self-Disclosure
A Verizon unit’s recent agreement to settle allegations of cyber-related False Claims Act violations illustrates the interplay between the government's prioritization of cybersecurity enforcement and the potential benefits of voluntarily disclosing cybersecurity failures, says Denise Barnes at Honigman.
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How And Why Your Firm Should Implement Fixed-Fee Billing
Amid rising burnout in the legal industry and client efforts to curtail spending, pivoting to a fixed-fee billing model may improve client-attorney relationships and offer lawyers financial, logistical and stress relief — while still maintaining profit margins, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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Unpacking OMB's Proposed Uniform Guidance Rewrite
Affected organizations, including state and local governments, should carefully review the Office of Management and Budget's proposed overhaul of uniform rules for administering over $1 trillion in federal funding distributed each year, and take the opportunity to submit comments before the December deadline, says Dismas Locaria at Venable.
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Opinion
Judicial Independence Needs Defense Amid Political Threats
Amid recent and historic challenges to the judiciary from political forces, safeguarding judicial independence and maintaining the integrity of the legal system is increasingly urgent, says Robert Peck at the Center for Constitutional Litigation.
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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.