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Government Contracts
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June 16, 2025
4th Circ. Upholds Revival Of Naval Engineers' No-Poach Case
The Fourth Circuit has kept its revival of a no-poach wage-fixing case against some of the nation's biggest warship makers intact, rejecting a petition to rehear the case en banc after a three-judge panel kicked it back to district court last month.
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June 16, 2025
No Basis For $58M DISA Support Deal Protest, GAO Says
The U.S. Government Accountability Office has rejected a Virginia small business's challenge of a $58 million Defense Information Systems Agency award for support services, concluding its allegations were largely based only on the supposed superiority of its own $107 million proposal.
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June 16, 2025
SEC Calls For Trial In SolarWinds Data Breach Suit
The U.S. Securities and Exchange Commission is urging a New York federal judge to send its novel case against software developer SolarWinds Corp. to trial, arguing that the company hid its "pervasively poor cybersecurity practices" from investors ahead of a massive data breach that affected government and corporate clients.
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June 16, 2025
NJ Judicial Privacy Act Suits Too Fuzzy On Details, Cos. Say
Companies accused by data security firm Atlas Data Privacy Corp. of violating New Jersey's judicial privacy law argued in federal court Monday that the suits should be dismissed because they lack enough facts to carry their claims.
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June 16, 2025
Network Co. Sues Feds For $274M In 'Rip and Replace' Costs
A Florida-based communications company is claiming that it was improperly denied reimbursement for replacing Chinese-made equipment from its network as part of the Federal Communications Commission's "Rip and Replace" program.
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June 16, 2025
High Court Will Hear Chevron, Exxon Pollution Liability Case
The U.S. Supreme Court agreed Monday to determine whether federal or state courts are the proper venue for Louisiana's bid to hold Chevron, Exxon Mobil and other major oil companies liable for damages to the state's coastal lands that were allegedly caused by World War II-era oil production activities.
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June 16, 2025
Ga. Judge Won't Revive Attorney's Lien On Former Client
The former attorney of a onetime Georgia county auditor cannot recover attorney fees from her earlier representation of the auditor in a whistleblower suit, a federal judge has ruled, finding she failed to prove she was prevented from fully and fairly litigating her case.
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June 16, 2025
Mass. Judge Blocks NIH Grant Cuts, Points To 'Discrimination'
A Massachusetts federal judge on Monday blocked the National Institutes of Health from cutting hundreds of grant programs to universities, hospitals and other organizations, saying that in his 40 years on the bench he had never seen such "palpable" racial and LGBTQ discrimination from the government.
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June 13, 2025
State Dept. Layoffs Still Violate Injunction, Judge Says
A California federal judge said Friday that planned staff reductions at the State Department would violate her injunction blocking President Donald Trump's executive order directing layoffs at federal agencies, saying she's not persuaded by the government's assertion that the department's reorganization was underway before the order.
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June 13, 2025
Afghanistan Must Pay $15M Award To Contractor, Court Says
A D.C. federal judge on Thursday issued a default ruling enforcing a $15.29 million arbitral award owed to an Emirati private security company that had contracted with Afghanistan to procure securities services at four of the country's international airports.
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June 13, 2025
GAO Denies Ohio Co.'s Protest Of Space Force Task Order
The Government Accountability Office rejected an Ohio company's argument that the General Services Administration failed to evaluate cost proposals evenhandedly when it awarded a task order proposal that fell more than 10% below the agency's estimated total evaluated price range.
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June 13, 2025
Electronic Tablets Allow Inmates To Connect — With A Cost
Authorities say the increased use of electronic tablets in prisons and jails helps inmates communicate with family and access entertainment, but advocates warn that the tablets lead to less connection, more surveillance and greater profits for prison telecoms.
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June 13, 2025
Ex-Ill. Speaker Madigan Gets 7½ Years For Bribery
An Illinois federal judge on Friday sentenced former Illinois House Speaker Michael Madigan to seven and a half years in prison and fined him $2.5 million for his conviction on bribery, conspiracy and wire fraud charges, saying his determination that Madigan perjured himself on the stand at trial impacted the stiff penalty.
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June 13, 2025
ENGlobal OK'd For Ch. 11 Sale And Wind Down Plan
Engineering firm ENGlobal Corp. on Friday confirmed a Chapter 11 plan to wind down following the sale of its business just over three months after it filed for bankruptcy in Texas.
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June 13, 2025
NC Audiovisual Co. Pays Feds $2.1M To End FCA Suit
An American unit of a German audiovisual equipment company will pay $2.1 million to resolve a False Claims Act suit alleging it lied in an application for a Paycheck Protection Plan loan during the COVID-19 pandemic, federal prosecutors in North Carolina said Friday.
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June 13, 2025
Workers At Immigration Agency Contractor OK For Union Vote
The employees of a Lee's Summit, Missouri, office that helps U.S. Citizenship and Immigration Services process benefit applications can vote on union representation, a National Labor Relations Board official said, rejecting the employer's argument that the union should also include employees of its Overland Park, Kansas, office.
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June 12, 2025
Dallas Developer Cleared Of Bribery Charges In Retrial
A Dallas jury cleared a real estate executive charged with attempting to bribe city council members in exchange for federal low income housing credits, finding the executive not guilty Thursday after the Fifth Circuit threw out his guilty verdict and ordered a retrial.
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June 12, 2025
GAO Denies Challenge To $12.8M Army Comms Support Deal
The U.S. Government Accountability Office said the U.S. Army acted reasonably when it rejected a Virginia company's proposal to provide communications support services, agreeing the proposal was light on details needed to explain how the company would perform required work.
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June 12, 2025
Locals Approve $3B Plan To Lure NHL Team Back To Atlanta
Officials in Forsyth County, Georgia, north of Atlanta, have signed off on a $3 billion mixed-use plan anchored by an arena, which developers hope will draw a professional hockey team back to the region.
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June 12, 2025
Eurofinsa Can Begin Seizing Gabonese Assets, Court Says
A D.C. federal judge Wednesday gave the green light to a Spanish construction company to begin seizing assets owned by Gabon to enforce a nearly $18 million arbitral award, in a proceeding that the African nation has ignored since it was filed nearly two years ago.
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June 12, 2025
Philly Suburb Retirees Sue Ch. 9 Receiver Over Asset Sale
A committee of retired city employees sued the Chapter 9 receiver overseeing the city of Chester, Pennsylvania's municipal bankruptcy, arguing that by requiring water system assets be sold to a publicly owned entity, the receiver is forgoing private bids that could generate an extra $270 million for the city's creditors.
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June 12, 2025
Clark Hill Grows Gov't Contracts Team With Army Atty In Texas
Clark Hill PLC has added a former legal leader in the U.S. Army Futures Command to the firm's Austin office, strengthening its government contracts and regulation team with an attorney who has handled federal government contract law matters for 20 years.
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June 12, 2025
Grand Jury Indicts Florida Man For Fuel Purchase Scheme
A Miami grand jury indicted a South Florida man on wire fraud, forgery and money laundering charges for allegedly defrauding the U.S. government out of millions of dollars for phony fees and expenses associated with fuel orders, federal prosecutors said Wednesday.
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June 12, 2025
Former Chief US Atty In South Carolina Joins Nelson Mullins
Brook Andrews, the former chief federal prosecutor for South Carolina, who played a key role in prosecuting the "nukegate" scandal and oversaw the government's team in the high-profile fraud case against convicted double murderer and disgraced lawyer Alex Murdaugh, has joined Nelson Mullins Riley & Scarborough LLP.
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June 12, 2025
GSA Contract Did Not Allow $734K Deduction, Board Says
The U.S. Civilian Board of Contract Appeals ordered the General Services Administration to pay $734,000 to a company tapped to service federal buildings, ruling that a contract did not authorize the GSA to unilaterally deduct payments just because the company failed to meet staffing requirements.
Expert Analysis
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Series
Brazilian Jiujitsu Makes Me A Better Lawyer
Competing in Brazilian jiujitsu – often against opponents who are much larger and younger than me – has allowed me to develop a handful of useful skills that foster the resilience and adaptability necessary for a successful legal career, says Tina Dorr of Barnes & Thornburg.
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Fed. Circ. Offers Lesson On Gov't Data Rights In Contracts
The Federal Circuit's recent decision in FlightSafety v. Air Force serves as a warning for U.S. Department of Defense contractors attempting to mark their commercial technical data developed at private expense, say attorneys at Butzel Long.
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Key Steps For Traversing Federal Grant Terminations
For grantees, the Trump administration’s unexpected termination or alteration of billions of dollars in federal grants across multiple agencies necessitates a thorough understanding of the legal rights and obligations involved, either in challenging such terminations or engaging in grant termination settlements and closeout procedures, say attorneys at Holland & Knight.
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Customs Fraud Enforcement In The Age Of Tariffs
In the wake of the Trump administration’s new approach toward tariffs, two recent Justice Department developments demonstrate aggressive customs fraud enforcement, with the DOJ emphasizing competitive harm to American businesses, and signaling that investigations will likely involve both civil and criminal enforcement tools, say attorneys at Bernstein Litowitz and London & Naor.
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Series
Power To The Paralegals: An Untapped Source For Biz Roles
Law firms looking to recruit legal business talent should consider turning to paralegals, who practice several key skills every day that prepare them to thrive in marketing and client development roles, says Vanessa Torres at Lowenstein Sandler.
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Series
Playing Poker Makes Me A Better Lawyer
Poker is a master class in psychology, risk management and strategic thinking, and I’m a better attorney because it has taught me to read my opponents, adapt when I’m dealt the unexpected and stay patient until I'm ready to reveal my hand, says Casey Kingsley at McCreadyLaw.
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DOJ Memo Raises Bar For Imposition Of Corporate Monitors
A recently released U.S. Department of Justice memo, outlining guidance on the imposition of compliance monitors in corporate criminal cases, reflects DOJ leadership’s concerns about scope creep and business costs, but the strategies for companies to avoid a monitorship haven't changed much compared to the Biden era, says James Koukios at MoFo.
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Series
Law School's Missed Lessons: Becoming A Firmwide MVP
Though lawyers don't have a neat metric like baseball players for measuring the value they contribute to their organizations, the sooner new attorneys learn skills frequently skipped in law school — like networking, marketing, client development and case evaluation — the more valuable, and less replaceable, they will be, says Alex Barnett at DiCello Levitt.
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Bid Protest Spotlight: Size, Supply Schedules, SINs
In this month's bid protest roundup, Alissandra McCann at MoFo examines three recent decisions, two of which offer helpful reminders for U.S. General Services Administration schedule holders drafting blanket purchase agreement proposals, and one for small-business joint ventures to avoid running afoul of the U.S. Small Business Administration's two-year rule.
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Perspectives
Reading Tea Leaves In High Court's Criminal Law Decisions
The criminal justice decisions the U.S. Supreme Court will announce in the coming weeks will reveal whether last term’s fractured decision-making has continued, an important data point as the justices’ alignment seems to correlate with who benefits from a case’s outcome, says Sharon Fairley at the University of Chicago Law School.
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$38M Law Firm Settlement Highlights 'Unworthy Client' Perils
A recent settlement of claims against law firm Eckert Seamans for allegedly abetting a Ponzi scheme underscores the continuing threat of clients who seek to exploit their lawyers in perpetrating fraud, and the critical importance of preemptive measures to avoid these clients, say attorneys at Lockton Companies.
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Only Certainty About FAR Reform Order Is Its Uncertainty
The president’s recent order overhauling the Federal Acquisition Regulation, which both contractors and agencies rely on to ensure predictability and consistency in federal procurement, lacks key details about its implementation, which will likely eliminate many safeguards that ensure contractors are treated fairly and that procurements are awarded in a reasonable manner, say attorneys at Miles & Stockbridge.
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Series
Teaching Business Law Makes Me A Better Lawyer
Teaching business law to college students has rekindled my sense of purpose as a lawyer — I am more mindful of the importance of the rule of law and the benefits of our common law system, which helps me maintain a clearer perspective on work, says David Feldman at Feldman Legal Advisors.
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Jurisdictional Issues At Play In 9th Circ.'s FCA Trade Case
A decision by the Ninth Circuit in Island Industries v. Sigma Corp. could result in the U.S. Court of International Trade’s exclusive jurisdiction over trade-related FCA cases, a big shift in the enforcement landscape just as tariffs take center stage in trade policy, say attorneys at Haynes Boone.
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Series
Law School's Missed Lessons: Mastering Discovery
The discovery process and the rules that govern it are often absent from law school curricula, but developing a solid grasp of the particulars can give any new attorney a leg up in their practice, says Jordan Davies at Knowles Gallant.