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Government Contracts
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May 07, 2025
Suits Targeting Labor Agreements Strike Out At Claims Court
Likening himself to an umpire calling balls and strikes, a U.S. Court of Federal Claims judge has refused to vacate an executive order calling for labor agreements on construction contracts and granted the government's bid to dismiss consolidated litigation challenging solicitations that required the agreements.
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May 07, 2025
Pa. Nursing Homes Say They Can't Afford $2.7M Fraud Penalty
A pair of Pennsylvania nursing homes convicted of defrauding state and federal healthcare programs by falsifying staff records and exaggerating patient needs said they won't be able to pay the $2.7 million penalty the government is seeking since they're severely strapped for cash.
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May 07, 2025
Fed. Circ. Affirms Army Win In Practice Bomb Contract Fight
The Federal Circuit upheld an Armed Services Board of Contract Appeals decision that granted summary judgment to the Army in a dispute over a contract to procure practice bombs.
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May 07, 2025
NY Eyes Injunction Against Feds In Congestion Price Fight
New York transportation agencies have asked a federal judge to block the U.S. Department of Transportation from following through on its threat to withhold federal funding for Manhattan roadway projects if the Empire State doesn't halt congestion pricing.
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May 07, 2025
Developer Fights NJ Power Broker's Bid To Nix Civil RICO Suit
A Camden, New Jersey, real estate developer is fighting to keep alive his civil racketeering suit against South Jersey power broker George Norcross, arguing in New Jersey state court the recent dismissal of a related indictment against Norcross "changes nothing" in the civil litigation.
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May 07, 2025
NJ Justices Deem Town Liable For Frivolous Lawsuits
Frivolous litigation by local government officials is not constitutionally protected and carries financial consequences, the New Jersey Supreme Court ruled Wednesday in a 5-0 decision reining in baseless legal battles.
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May 07, 2025
Seyfarth Adds Tech Gov't Contracts Partner From Fenwick
Seyfarth Shaw LLP has hired the former co-leader of a Fenwick & West LLP practice group focused on defense and government technology contract matters, who joins the team's office in the nation's capital as a partner and brings more than 25 years of experience.
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May 06, 2025
Colo. Judge Wary Pausing Dam Construction Can't Be Done
A Colorado federal judge said at the end of a daylong hearing Tuesday that she still had not heard what she needed to decide if further construction is necessary to ensure a partially constructed dam won't create public safety risks, after she had previously halted the project for further environmental review.
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May 06, 2025
Quarles & Brady Adds New IP, Real Estate Partners
Quarles & Brady LLP has welcomed a Milwaukee-based intellectual property litigator from Quinn Emanuel Urquhart & Sullivan LLP and a Phoenix-based real estate and public finance attorney from Ice Miller LLP.
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May 06, 2025
Gemini Tech Nabs Win In Challenge To Army Contract
A Court of Federal Claims judge said the U.S. Army violated federal law when it opened discussions with all offerors for a task order to provide logistics support services for a military base in Alabama, blocking the agency from proceeding with its award decision.
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May 06, 2025
Fed. Circ. Agrees Plane Taxability Patent Doesn't Fly
The Federal Circuit on Tuesday refused to revive an Ohio company's patent that covers using Federal Aviation Administration data to determine "the taxability status of aircraft," agreeing that it covered subject matter that isn't patentable.
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May 06, 2025
Newark Raises Safety Concerns About ICE Detention Center
The city of Newark told a New Jersey federal judge that the GEO Group has started housing immigration detainees at Delaney Hall, even though the city's building department found numerous safety concerns after conducting an initial visual inspection last month.
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May 06, 2025
Buchanan Adds Senate Health Policy Vet To Gov't Practice
Buchanan Ingersoll & Rooney PC has hired the majority staff director of the U.S. Senate's Health, Education, Labor and Pensions Committee who aided Republican lawmakers, including its chair, Sen. Bill Cassidy, in advancing health policy legislation.
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May 06, 2025
Government IT Provider Hits Ch. 11 Bracing For DOGE Cuts
A government contractor that provides information technology services filed for Chapter 11 bankruptcy protection in New York, listing more than $30 million in debt and wracked by uncertainty over potential cuts from the White House's Department of Government Efficiency, a six-figure judgment from a vendor and a three-year-long sale process.
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May 05, 2025
4th Circ. Seems Split On Fight Over DOGE's Data Access
The Fourth Circuit on Monday seemed poised for another split on letting the government share citizens' personally identifiable information with Elon Musk's Department of Government Efficiency, with a line of questioning that parroted their earlier division over pausing the trial court's injunction blocking DOGE from accessing that data.
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May 05, 2025
CoreLife Eatery Settles $7.8M Fraud Claim Over COVID Funds
CoreLife Eatery will pay over $7.8 million to settle allegations that it falsely claimed eligibility for a pandemic-era program meant to boost small businesses, the U.S. Attorneys' Office for the Northern District of New York announced Monday.
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May 05, 2025
GAO Backs FBI Price Evaluation For IT Support Deal Award
A West Virginia company challenging a $93 million FBI award for information technology services failed to show that the agency erred by rejecting its own proposal for carrying an unrealistically low price tag, the U.S. Government Accountability Office said.
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May 05, 2025
UnitedHealth Tells Court Not To Review Special Master Report
A special master rightly determined that no reasonable jury could render a verdict for the U.S. Department of Justice in a massive False Claims Act case targeting Medicare Advantage plans operated by UnitedHealth, the health insurance company told a D.C. federal judge.
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May 05, 2025
NJ Justices Favor Surety Over Savings In Turnpike Project
A New York construction company's bid for a New Jersey Turnpike Authority repair project lacked a validly executed consent of surety, so the agency was not arbitrary, capricious and unreasonable in disqualifying the bid, even though it was the lowest, a divided New Jersey Supreme Court ruled Monday.
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May 05, 2025
American Airlines Sues Chicago Over O'Hare Gate Space
American Airlines said in a lawsuit filed Friday in Illinois federal court that the city of Chicago breached its contract with the airline in reassigning gate space at O'Hare International Airport in a way that favors competitor United Airlines.
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May 02, 2025
9th Circ. Says USFS Must Reassess Wash. Forest Fire Plan
A Ninth Circuit panel partly sided with a conservation group Friday in a challenge of a federal forest restoration project, finding the U.S. Forest Service should've considered the potential impacts of a nearby project that took shape after a 2021 wildfire before approving the proposal.
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May 02, 2025
Ex-Fla. VA Center Exec Promoted App By Son's Co., OIG Says
A retired Orlando Veterans Affairs Medical Center executive violated ethics rules by trying to get the center to procure a contract for a wayfinding application developed by a company that employed her son, who stood to receive a bonus, the Office of Inspector General has said.
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May 02, 2025
Musk, DOGE, Trump Look To Toss USAID Dismantling Suit
Elon Musk, President Donald Trump, Secretary of State Marco Rubio and others targeted in a lawsuit by U.S. Agency for International Development workers urged a Maryland judge to toss the suit alleging the gutting of the agency is illegal, saying Rubio's appointed role overseeing USAID legitimizes the action.
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May 02, 2025
NY Officials Say Feds' Memo In Filing Mishap Is Fair Game
New York officials told a federal judge on Friday that a mistakenly filed memo from the federal government detailing its weak rationale for trying to cancel Manhattan's congestion pricing program is fair game and cannot be shielded after media outlets widely reported on it.
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May 02, 2025
Civil Rights Groups Told They Can't Block Trump's DEI Orders
A D.C. federal judge declined Friday to block executive orders from President Donald Trump canceling funding for diversity, equity and inclusion programs and contracts, ruling the orders haven't infringed on the missions of the three civil rights groups behind the suit beyond federally funded projects.
Expert Analysis
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Steps For Federal Grantees Affected By Stop-Work Orders
Broad changes in federal financial assistance programs are on the horizon, and organizations that may receive a stop-work order from a federal agency must prepare to be vigilant and nimble in a highly uncertain legal landscape, say attorneys at Arnold & Porter.
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Opinion
State FCAs Should Cover Local Fund Misuse, State Tax Fraud
New Jersey and other states with similar False Claims Acts should amend them to cover misappropriated municipal funding, and state and local tax fraud, which would encourage more whistleblowers to come forward and increase their recoveries, says Kenneth Levine at Stone & Magnanini.
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Why Acquirers Should Reevaluate Federal Contract Risk
Long thought of as a stable investment, the scale with which the Trump administration is attempting to eliminate federal contracts is unprecedented, and acquirer considerations should include the size and scope of all active and pending government contracts of target companies, say attorneys at Winston & Strawn.
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7 Tips For Associates To Thrive In Hybrid Work Environments
Excerpt from Practical Guidance
As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.
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White Collar Archetypes: Wrangling The Shape-Shifter
In white collar criminal trials, certain pieces of evidence can shape-shift in the jury’s eyes, presenting both challenges and opportunities for defense counsel, says Jack Sharman at Lightfoot Franklin.
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Series
Playing Beach Volleyball Makes Me A Better Lawyer
My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.
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How GSA Lease Clauses May Affect DOGE Terminations
The Department of Government Efficiency has begun to cut the U.S. General Services Administration's enormous real estate portfolio, but some standard lease clauses include limits helpful to landlords that may slow progress toward the administration's cost-cutting goals, say attorneys at Pillsbury.
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Contractor Liability When Directing Subcontractor Workforce
A recent Virginia Court of Appeals decision that rejected a subcontractor employee’s tortious interference claim should prompt prime contractors to consider how to mitigate liability risk associated with directing a subcontractor to remove its employee from a federal project, say attorneys at Venable.
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How Law Firms Can Counteract The Loneliness Epidemic
The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.
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5 Keys To Building Stronger Attorney-Client Relationships
Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.
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Drug Kickback Ruling Will Make FCA Liability Harder To Prove
The First Circuit's ruling in U.S. v. Regeneron Pharmaceuticals, requiring the government to prove but-for causation to establish False Claims Act liability based on violations of the Anti-Kickback Statute, raises the bar for FCA enforcement and deepens a circuit split that the U.S. Supreme Court may need to resolve, say attorneys at Baker Donelson.
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Assessing PE Risk After Mass. False Claims Act Amendments
A law recently passed in Massachusetts amends the commonwealth's False Claims Act by dramatically expanding potential liability for private equity firms and investors, underscoring the importance of robust diligence and risk assessments for private equity firms conducting transactions in the commonwealth, say attorneys at Gibson Dunn.
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A Path Forward For Cos. Amid Trump's Anti-DEIA Efforts
Given the Trump administration’s recent efforts targeting corporate diversity, equity, inclusion and accessibility programs — including threatening possible criminal prosecution — companies should carefully tailor their DEIA initiatives to comply with both the letter and the spirit of antidiscrimination law, say attorneys at Pillsbury.
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Workforce Data Collection Considerations After DEI Order
Following President Donald Trump's executive order targeting diversity, equity and inclusion efforts, employers should balance the benefits of collecting demographic data with the risk of violating the order’s prohibition on "illegal DEI," say Lynn Clements at Berkshire Associates, David Cohen at DCI Consulting and Victoria Lipnic at Resolution Economics.
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Contract Disputes Recap: Liability Test, Termination Claims
Zachary Jacobson at Seyfarth examines three recent decisions from the Armed Services Board of Contract Appeals and the Civilian Board of Contract Appeals that examine the limits of designer liability under the architect-engineer clause and key processes for claim recovery when a contract is terminated for convenience.