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Government Contracts
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September 05, 2025
Tesla Proposes Making Musk The Trillion-Dollar Man
Texas-based Tesla on Friday proposed a pay package for CEO Elon Musk that could earn him a trillion dollars' worth of stock, if he meets certain corporate objectives over the next decade. It is believed to be the first trillion-dollar corporate compensation package in history.
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September 04, 2025
Feds Seek Stay On Court Order Releasing Foreign Aid Billions
The Trump administration urged the D.C. Circuit on Thursday to stay a federal judge's order that it release billions in frozen foreign aid pending its appeal, saying the disbursement will likely be "impossible" to recover according to the international aid organization plaintiffs' "own description of their financial condition."
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September 04, 2025
5th Circ. Ponders If Lack Of Vote Can Beget Takings Claim
A Fifth Circuit judge pushed counsel for real estate ownership entities to explain how a Texas city council declining to grant a time extension could give rise to a claim that the state interfered with private rights, saying Thursday the city council seemingly just did nothing.
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September 04, 2025
GAO Calls On VA To Boost Exam Contractor Oversight
The U.S. Government Accountability Office urged the U.S. Department of Veterans Affairs to strengthen its procedures after a review found that one of its offices paid $2.3 million worth of unearned incentives to contractors hired to provide medical exams for veteran disability claims.
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September 04, 2025
Chevron, Exxon Kick Off High Court La. Pollution Case
Chevron and Exxon Mobil Corp. on Thursday asked the U.S. Supreme Court to overturn the Fifth Circuit's ruling that Louisiana state court, not federal court, is the proper venue for claims that their World War II-era oil production activities violated state law.
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September 04, 2025
Seattle Police Free From Federal Oversight After 13 Years
Seattle police have demonstrated "sustained compliance" with a federal consent decree put in place more than 13 years ago in response to the department's allegedly unconstitutional use of force, a Washington federal judge has ruled, returning full control of the department to city leaders.
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September 04, 2025
Why The Harvard Funding Case Is 'Clear As Mud' On Appeal
A sweeping Harvard University victory in a suit challenging President Donald Trump's block on $2.2 billion in grant funding tees up a high-stakes appeal that experts say may turn on a wonky jurisdictional issue on which the U.S. Supreme Court seems to lack any sort of consensus.
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September 04, 2025
Judge Questions Defense Dept. Cap On Research Costs
A Massachusetts federal judge weighing whether to vacate a U.S. Department of Defense cap on administrative costs for research funding programs said Thursday that the government appeared to have ignored a series of injunctions in similar challenges to Trump administration grant cuts and terminations when it imposed the across-the-board limits.
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September 04, 2025
Covington Brings Back DOJ Leader To Helm FCA Practice
Covington & Burling LLP is welcoming back a former deputy assistant attorney general overseeing civil fraud with the U.S. Department of Justice to serve as the chair of its False Claims Act investigations and litigation practice group, the firm said Thursday.
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September 03, 2025
Ga. County Can't Recoup Bio-Lab Emergency Response Costs
A Georgia federal judge said a metro Atlanta county can't recover its emergency services expenses in responding to the massive Bio-Lab chemical plant fire last year, but left the door open for the county to win damages from the resulting economic fallout of the disaster.
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September 03, 2025
7th Circ. Backs AbbVie's Win Against Ex-Sales Rep's FCA Suit
The Seventh Circuit declined to revive a former AbbVie employee's False Claims Act retaliation suit alleging he faced repercussions for refusing to push Vraylar's off-label use to treat major depressive disorder, ruling Wednesday he didn't put AbbVie on notice that he reasonably believed it was defrauding the government.
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September 03, 2025
Lockheed, Pratt & Whitney Can't Keep Up With F-35 Deliveries
The U.S. Department of Defense plans to boost production of its F-35 strike fighter aircraft, despite Lockheed Martin's and Pratt & Whitney's inability to keep up with current aircraft and engine deliveries, the U.S. Government Accountability Office said in a report issued Wednesday.
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September 03, 2025
Trump's Refugee Admission Pause Looks Legal To 9th Circ.
Two Ninth Circuit judges suggested on Wednesday that President Donald Trump had the authority to suspend U.S. refugee admissions in a January executive order, while also hinting that his administration went too far by pulling funding for resettlement support.
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September 03, 2025
GAO Says DOD Lacks Crucial Info On Prototype Deals
The U.S. Department of Defense doesn't track whether special deals to develop prototypes result in a standard production contract, making it difficult to determine whether such deals are working to get new capabilities to troops as intended, according to a U.S. Government Accountability Office report issued Wednesday.
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September 03, 2025
Mich. Atty Tells Appeals Court He's Worth $1,500 Per Hour
A Michigan attorney told an appellate panel Wednesday that his track record and experience warrant the $1,500 hourly rate awarded by a trial court which found a city's breach-of-contract suit against his client, a former councilor, was frivolous.
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September 03, 2025
Quinn Emanuel Looks To Shut Down Mexican Doc Bid
Quinn Emanuel has asked a Miami federal court to end a Mexican oil company's request for documents relating to three criminal proceedings and in one bankruptcy action, all pending in Mexico, arguing that the requested discovery may be conducted without the aid of U.S. courts.
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September 03, 2025
Judge Backs Harvard In Suit Over Trump's $2B Fund Freeze
The Trump administration illegally froze more than $2 billion in grants earmarked for Harvard University when it failed to offer an explanation as to how cutting the funds addressed the government's stated goal of ending antisemitism on campus, a Massachusetts federal judge ruled Wednesday.
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September 03, 2025
Wash. Court Pressed To Immediately End EV Funding Freeze
Clean energy advocates have urged a Washington federal judge to wipe out the Trump administration's decision to freeze funding for new electric-vehicle charging infrastructure, saying the government can't be allowed to drag its feet on a pledge to restore funding.
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September 02, 2025
5th Circ. Judge Says Reimbursement Drop 'Not Chicken Feed'
A U.S. Circuit judge pushed the government to explain the policy rationale behind lowering how much hospitals can recoup in Medicare reimbursements for treating low-income patients who use state-specific programs, saying Tuesday the rule was seemingly aimed at "screwing these hospitals out of reimbursements."
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September 02, 2025
DC Circ. Says EPA Can Freeze Climate Grant Funds
A D.C. Circuit panel vacated an injunction on Tuesday ordering Citibank to relinquish grant funding frozen by the U.S. Environmental Protection Agency, finding green groups are not likely to succeed on the merits of their "essentially contractual" claims.
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September 02, 2025
GAO Report Says FEMA Funding Should Go Directly To Tribes
The U.S. Government Accountability Office on Tuesday urged Congress to provide direct Federal Emergency Management Agency funding to Native American tribes hit by tornadoes, reporting that 17 states in a recent 10-year period did not distribute any FEMA awards to tribes.
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September 02, 2025
Feds Can't Exit Suit Over Fatal USAF Base Wall Collapse
A Georgia federal judge said Tuesday that he won't dismiss a lawsuit from the parents of a teen killed by a collapsing partition wall at Robins Air Force Base, ruling it was too soon to tell if the government's duty to keep up the base infrastructure was a discretionary one.
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September 02, 2025
Defunding Planned Parenthood Is Meant To Punish, Judge Says
A Massachusetts federal judge on Friday refused to lift an order that keeps Medicaid reimbursements flowing to Planned Parenthood, ruling that legislation intended to halt the organization's federal funding appears to illegally target the group for punishment.
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September 02, 2025
Gov't Says Fla. Ex-Rep Can't Escape Foreign Agent Case
A former congressman and political consultant accused of secretly lobbying for the Venezuelan government should not be allowed to escape Foreign Agents Registration Act charges, the U.S. government argued, saying the law is not a violation of their free speech rights.
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September 02, 2025
GAO Says Army Contract Needs Haven't Changed
The Army may intend to merge two distant commands under one roof, but it doesn't have to amend an intelligence support services solicitation issued for one of them just yet, the U.S. Government Accountability Office said, denying a Virginia company's protest.
Expert Analysis
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4 Precautions For Responsible AI Use In Bid Protests
Despite the U.S. Government Accountability Office’s May warning that it will impose stiff sanctions on bid protesters whose filings contain artificial intelligence-generated mistakes and hallucinations, generative AI can be a valuable tool for the bid protest bar if used with safeguards, say attorneys at Crowell & Moring.
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Series
Law School's Missed Lessons: Rejecting Biz Dev Myths
Law schools don’t spend sufficient time dispelling certain myths that prevent young lawyers from exploring new business opportunities, but by dismissing these misguided beliefs, even an introverted first-year associate with a small network of contacts can find long-term success, says Ronald Levine at Herrick Feinstein.
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Move Beyond Surface-Level Edits To Master Legal Writing
Recent instances in which attorneys filed briefs containing artificial intelligence hallucinations offer a stark reminder that effective revision isn’t just about superficial details like grammar — it requires attorneys to critically engage with their writing and analyze their rhetorical choices, says Ivy Grey at WordRake.
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3 Rulings May Reveal Next Frontier Of Gov't Contract Cases
Several U.S. Supreme Court decisions over the past year — involving wire fraud, gratuities and obstruction — offer wide-ranging and arguably conflicting takeaways for government contractors that are especially relevant given the Trump administration’s focus on diversity, equity and inclusion initiatives, say attorneys at Rogers Joseph.
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9th Circ. Has Muddied Waters Of Article III Pleading Standard
District courts in the Ninth Circuit continue to apply a defunct and especially forgiving pleading standard to questions of Article III standing, and the circuit court itself has only perpetuated this confusion — making it an attractive forum for disputes that have no rightful place in federal court, say attorneys at Gibson Dunn.
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Contract Disputes Recap: Spearin, Overpayments, Jurisdiction
Edward Arnold at Seyfarth examines three recent decisions addressing the limits of the Spearin doctrine in design-build contracts, the government's ability to recoup overpayments after a termination for convenience, and the Contract Disputes Act's strict and nonwaivable jurisdictional rules.
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Series
Competing In Modern Pentathlon Makes Me A Better Lawyer
Opening myself up to new experiences through competing in modern Olympic pentathlon has shrunk the appearance of my daily work annoyances and helps me improve my patience, manage crises better and remember that acquiring new skills requires working through your early mistakes, says attorney Mary Zoldak.
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Policy Shifts May Follow Burst Of Defense Cyber Settlements
Recent False Claims Act settlements with defense contractors MORSECORP and Nightwing suggest that cybersecurity standards for government contractors remain a key enforcement priority, but these may represent a final flurry of activity before the Trump administration transitions to different policy goals, say attorneys at Alston & Bird.
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Series
Law School's Missed Lessons: Teaching Yourself Legal Tech
New graduates often enter practice unfamiliar with even basic professional software, but budding lawyers can use on-the-job opportunities to both catch up on technological skills and explore the advanced legal and artificial intelligence tools that will open doors, says Alyssa Sones at Sheppard Mullin.
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How AI May Reshape The Future Of Adjudication
As discussed at a recent panel at Texas A&M, artificial intelligence will not erase the human element of adjudication in the next 10 to 20 years, but it will drive efficiencies that spur private arbiters to experiment, lead public courts to evolve and force attorneys to adapt, says Christopher Seck at Squire Patton.
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When Legal Advocacy Crosses The Line Into Incivility
As judges issue sanctions for courtroom incivility, and state bars advance formal discipline rules, trial lawyers must understand that the difference between zealous advocacy and unprofessionalism is not just a matter of tone; it's a marker of skill, credibility and potentially disciplinary exposure, says Nate Sabri at Perkins Coie.
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FCPA Enforcement Is Here To Stay, But It May Look Different
After a monthslong enforcement pause, the U.S. Department of Justice’s new Foreign Corrupt Practices Act guidelines fundamentally shift prosecutorial discretion and potentially reduce investigatory burdens for organizations, but open questions remain, so companies should continue to exercise caution, say attorneys at Simpson Thacher.
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Series
Volunteering At Schools Makes Me A Better Lawyer
Speaking to elementary school students about the importance of college and other opportunities after high school — especially students who may not see those paths reflected in their daily lives — not only taught me the importance of giving back, but also helped to sharpen several skills essential to a successful legal practice, says Guillermo Escobedo at Constangy.
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Bid Protest Spotlight: Jurisdiction, Price Range, Late-Is-Late
In this month's bid protest roundup, Thomas Lee at MoFo examines three May decisions from the U.S. Court of Federal Claims examining the court’s jurisdiction to rescind an executive order, the impact of agency error in establishing a competitive price range and application of the late-is-late rule to an electronic filing.
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DOE Grant Recipients Facing Termination Have Legal Options
Federal grant recipients whose awards have recently been rescinded by the U.S. Deparment of Energy have options for successfully challenging those terminations through litigation, say attorneys at Bracewell.