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Government Contracts
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August 27, 2025
Feds, Blue States Clash Over Future Of EV Funding Fight
The Trump administration says its recent decision to release funding for new electric-vehicle charging infrastructure moots Democratic-led states' litigation challenging the prior revocation of the funding, but the states said they're still being harmed and their lawsuit should proceed.
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August 27, 2025
Texas Firm Hits Feds With Suit Over Unpaid Border Work
A Texas construction company said U.S. Customs and Border Protection has unlawfully refused to pay it $10.5 million for work performed under a contract terminated after a judge blocked the Biden administration from using border wall construction funds for barrier repairs.
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August 26, 2025
Judge Won't Pause Order To Reinstate Foreign Aid
A D.C. federal judge denied Monday night the Trump administration's request to stay his preliminary injunction requiring the government to commit certain foreign aid funds by Sept. 30, writing that the administration had said months ago that it could begin obligating money earlier this month if it had to.
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August 26, 2025
Joseph Nocella Jr. Appointed US Attorney For EDNY
Joseph Nocella Jr. on Tuesday was reportedly appointed as the U.S. attorney for the Eastern District of New York, having served as the district's interim top prosecutor since early May.
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August 26, 2025
Proposed NIH Class Can Join UC Grant Cuts Suit, Judge Says
A California federal judge ruled Tuesday that a proposed class action seeking to reinstate grants awarded to University of California researchers that were nixed pursuant to President Donald Trump's executive orders can amend the complaint to add researchers whose National Institutes of Health grants have been recently suspended.
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August 26, 2025
Jacobs Can't Protest Rejection From Nat'l Guard Contract Talks
A Court of Federal Claims judge rejected Jacobs Engineering Group's protest of its exclusion from further negotiations for three awards under a $255 million multiple-award contract to support National Guard facilities, saying there's no reason to disturb the agency's decision.
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August 26, 2025
DC Circ. Backs HHS In Low-Income Patient Payment Dispute
The D.C. Circuit has delivered a blow to a group of hospitals in a recent decision finding they had challenged a key component of their Medicare reimbursements too early, despite hospital associations' warnings that such a ruling could slow healthcare providers' ability to seek review and "ultimately harm" patients.
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August 26, 2025
DOD Watchdog Urges Review Of Ukraine Contract Costs
A U.S. Department of Defense watchdog said in a report that a review of 11 contracts to provide Ukraine security assistance worth $5.6 billion found that contracting officers for six of them failed to maintain all the required data used to determine that prices were appropriate.
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August 26, 2025
USDOT Threatens States With Funding Cuts Over Truck Safety
The U.S. Department of Transportation on Tuesday threatened to withhold funds from California, Washington and New Mexico over their apparent failures to enforce federal mandates that all commercial truck drivers be proficient in the English language.
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August 26, 2025
Mich. AG Lambasts UMich For Halting Trans Youth Care
Michigan's attorney general publicly warned the University of Michigan Tuesday that her office was "considering all of our options" after the university's hospital system said it would cease providing gender-affirming care to minors under pressure from the Trump administration.
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August 26, 2025
Peru Telecom Takes Fight Over $168M Of Awards To DC Circ.
Peru-owned telecom service Pronatel has appealed before the D.C. Circuit a lower court decision denying its motion to throw out broadband corporation Redes Andinas de Comunicaciones SRL's action to confirm two arbitral awards valued at $168 million.
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August 26, 2025
Pratt & Whitney Secures $2.8B Award For F-35 Engines
Raytheon Technologies Corp. unit Pratt & Whitney secured a Naval Air Systems Command contract modification worth up to $2.8 billion to build and deliver more F135 engines for use in F-35 Lightning II stealth fighter jets.
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August 26, 2025
Shipbuilders Push To Escape Revived No-Poach Claims
A Fourth Circuit decision that revived a proposed class action accusing some of the country's biggest warship makers and naval engineering consultants of participating in an illegal no-poach conspiracy to suppress wages leaves a Virginia federal judge free to dismiss the case, according to the companies.
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August 25, 2025
Trump Admin Agrees To Release Frozen Education Funds
The Trump administration has agreed to release to a coalition of states the full balance of some $6.8 billion in congressionally appropriated educational program funding, the parties told a Rhode Island federal judge Monday, a little more than a month after the states challenged the funding freeze.
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August 25, 2025
9th Circ. Will Hear New Args In $1.3B India Award Suit
The Ninth Circuit on Monday agreed to consider issues left open by the U.S. Supreme Court following its decision earlier this year to revive an Indian satellite communications company's bid to enforce a decade-old $1.3 billion arbitral award against India.
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August 25, 2025
Battery Co. Must Face Suit Over Revoked $200M DOE Grant
A Texas federal judge has ruled that lithium-ion battery company Microvast Holdings Inc. cannot beat, for now, a securities class action alleging it misled investors about a revoked $200 million grant from the U.S. Department of Energy, although the judge trimmed certain claims from the suit.
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August 25, 2025
DOJ Antitrust Whistleblowers May Find Ally At The Post Office
The U.S. Department of Justice's new whistleblower program brings the Antitrust Division in line with other programs across the DOJ and at other agencies, although it may have a particularly broad scope thanks to a unique partnership with the U.S. Postal Service.
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August 25, 2025
Trump Plans To Withdraw Federal Funding Over Cashless Bail
President Donald Trump said Monday that he would suspend or terminate federal funds provided to any jurisdictions that have adopted cashless bail policies, calling the reforms a "failed experiment" that allow repeat criminals to "mock our justice system."
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August 25, 2025
Unions Urge 9th Circ. To Uphold Order Halting Bargaining EO
The American Federation of Government Employees and other unions defended a lower court injunction halting several federal agencies from enforcing an executive order focused on eliminating labor contracts covering agencies that have "national security" aims, arguing the president's directive was retaliatory.
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August 25, 2025
Florida Co. Failed To Back Up VA Trip Claims, GAO Says
A Florida company tapped to provide transportation services for a U.S. Department of Veterans Affairs medical center did not offer any proof to support allegations that the VA diverted some trips to another business, the U.S. Government Accountability Office said.
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August 25, 2025
Judge Presses Gov't On Aid Plan As Sept. 30 Deadline Looms
Attorneys for foreign aid nonprofits called for the Trump administration to detail exactly how it plans to distribute aid funding under a D.C. federal judge's injunction Monday, saying the government had been dragging its feet to comply with the February order as a Sept. 30 fiscal year deadline looms.
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August 25, 2025
Kari Lake Ordered Deposed In Voice Of America Closure Row
A Washington, D.C., federal judge flirted Monday with finding U.S. Agency for Global Media acting CEO Kari Lake in contempt of an order blocking what workers allege is the dismantling of broadcasting service Voice of America, but instead ordered her and other officials to sit for expedited depositions.
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August 25, 2025
Mich. Ex-Court Employee Alleges Firing Broke Disability Laws
A former coordinator for the Wayne County Probate Court alleged in a Michigan federal complaint Monday that she was improperly fired from her job while she was on medical leave, violating several disability discrimination laws.
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August 25, 2025
DOD Limits Awards For Cos. Consulting For Foreign Enitities
The U.S. Department of Defense finalized a rule Monday barring companies that provide consulting services to certain foreign entities from securing contracts for management, scientific and technical consulting services, unless they have a conflict-of-interest mitigation plan.
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August 25, 2025
Ex-TSA Attorney Among 3 New Lawyers At Kaplan Kirsch
A former Transportation Security Administration attorney is among three lawyers who recently joined Kaplan Kirsch LLP, a Denver-based law firm that specializes in representing state, local and tribal government agencies on projects such as airport expansions and new rail lines.
Editor's Picks
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The Latest On Escobar's FCA Impact
Federal courts across the country are handing down important rulings interpreting the U.S. Supreme Court’s landmark decision on False Claims Act liability in Universal Health Services v. Escobar. As the rulings keep pouring in, stay up to speed on Law360’s latest coverage and analysis of Escobar’s impact.
Expert Analysis
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How To Address Tariff-Related Risks In Commercial Contracts
Companies' commercial agreements may not clearly prescribe which party bears the risks and consequences of tariff-related fallout, but cases addressing common-law defenses and force majeure have one key takeaway, say attorneys at Morgan Lewis.
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Series
Law School's Missed Lessons: How To Make A Deal
Preparing lawyers for the nuances of a transactional practice is not a strong suit for most law schools, but, in practice, there are six principles that can help young M&A lawyers become seasoned, trusted deal advisers, says Chuck Morton at Venable.
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11th Circ. Ruling Shows Federal Question Jurisdiction Limits
The Eleventh Circuit's recent decision in AST Science v. Delclaux shows why it is extremely difficult for litigants to maintain a state law cause of action in federal court under Supreme Court precedent, says Paul Avron at Berger Singerman.
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From Clerkship To Law Firm: 5 Transition Tips For Associates
Excerpt from Practical Guidance
Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.
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Cybersecurity Risks Can Lurk In Gov't Contractor Acquisitions
The Justice Department’s recent False Claims Act enforcement activity against Raytheon and Nightwing-related defense contractors demonstrates the importance of identifying and mitigating potential cybersecurity compliance risks when acquiring a company that contracts with the federal government, say attorneys at Foley & Lardner.
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Budget Act Should Boost Focus On Trade Compliance
Passage of the One Big Beautiful Budget Act, coupled with recent U.S. Department of Justice statements that it will use the False Claims Act aggressively to pursue trade, tariff and customs fraud, marks a sharp increase in trade-related enforcement risk, say attorneys at Debevoise.
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Associates Can Earn Credibility By Investing In Relationships
As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.
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Opinion
Congressional Bid Protest Concerns Lack Evidence
The U.S. Government Accountability Office's most recent congressionally mandated report on the bid protest process showed little reason for concern, and underlined that further scrutiny should cease until data is collected that would enable the identification of purported problems, say attorneys at Fox Rothschild.
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Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling
The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.
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Divest Order Shows How Security Fears Extend CFIUS Scope
A recent White House order forcing a Chinese company to divest its 2020 acquisition of a U.S. audiovisual supplier demonstrates the Committee on Foreign Investment in the United States’ growing power to sink foreign transactions over national security concerns — and the enormous risks to U.S. companies from such reviews, say attorneys at Bass Berry.
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Series
Quilting Makes Me A Better Lawyer
Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.
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Utility Agency Suits May Rise As Calif. Justices Nix Deference
A recent California Supreme Court ruling rejecting the uniquely deferential standard of review accorded to California Public Utilities Commission decisions interpreting the Public Utilities Code will incentivize more litigation against the agency, as long as litigants can show their challenges meet certain requirements, says Thaila Sundaresan at Davis Wright.
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What 2 Profs Noticed As Transactional Law Students Used AI
After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.
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Top Takeaways From Trump's AI Action Plan
President Donald Trump's AI Action Plan represents some notable evolution in U.S. policy, including affirmation of the administration's trend toward prioritizing artificial intelligence innovation over guardrails and toward supporting greater U.S. private sector reach overseas, say attorneys at WilmerHale.
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Rebuttal
BigLaw Settlements Should Not Spur Ethics Deregulation
A recent Law360 op-ed argued that loosening law firm funding restrictions would make BigLaw firms less inclined to settle with the Trump administration, but deregulating legal financing ethics may well prove to be not merely ineffective, but counterproductive, says Laurel Kilgour at the American Economic Liberties Project.