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Government Contracts
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May 08, 2025
Judge Asks DOJ To Define DEI In Health Grant Case
A Massachusetts federal judge on Thursday ordered Department of Justice lawyers to provide the Trump administration's definitions of diversity, equity and inclusion, saying he needs to know so he can consider whether that is a valid basis for pausing federal health research grants.
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May 08, 2025
Critics Warn Tenn. Middle District Rule Could 'Chill' Speech
Two public interest nonprofit law firms have expressed concerns that local rule changes proposed by the U.S. District Court for the Middle District of Tennessee regarding public communications by lawyers amid litigation are unconstitutionally vague and could impede attorneys' constitutional right to free speech.
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May 07, 2025
Fla. City Residents' Suit Over Corroded Water Pipes Revived
A Florida state appellate court on Wednesday reinstated a proposed class action alleging negligence against the city of Miramar and a consultant over improperly treated tap water that led to damaged pipes in homes, saying the complaint sufficiently claimed the city assumed a duty to make sure water wasn't corrosive.
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May 07, 2025
CVS Hid Prescription Discounts From Medicaid, States Allege
CVS failed to disclose to state Medicaid programs that it was offering discounts on prescriptions to cash-paying customers, violating regulations aimed at assuring that government insurance programs pay the lowest possible price for drugs, the attorneys general of four states said in a complaint unsealed Wednesday.
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May 07, 2025
GSA Launches Website For Overhaul Of Federal Procurements
The General Services Administration has launched a new web page dedicated to the Trump administration's efforts to overhaul the Federal Acquisition Regulation, or FAR, which is the main set of rules used to govern federal acquisitions.
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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.
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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Takeaways From DOJ's Latest FCA Customs Fraud Intervention
The U.S. Department of Justice's recent intervention in a case alleging customs-related reverse False Claims Act fraud underlines the government’s increased scrutiny of, and importers’ corresponding exposure from, information related to product classification, country of origin and pricing, say attorneys at Bass Berry.
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Crisis Management Lessons From The Parenting Playbook
The parenting skills we use to help our kids through challenges — like rehearsing for stressful situations, modeling confidence and taking time to reset our emotions — can also teach us the fundamentals of leading clients through a corporate crisis, say Deborah Solmor at the Wisconsin Alumni Research Foundation and Cara Peterman at Alston & Bird.
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Series
Adapting To Private Practice: From NY Fed To BigLaw
While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.
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Top 3 Litigation Finance Deal-Killers, And How To Avoid Them
Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.
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5th Circ. Ruling Is Latest Signal Of Shaky Qui Tam Landscape
In his recent concurring opinion in U.S. v. Peripheral Vascular Associates, a Fifth Circuit judge joined a growing list of jurists suggesting that the False Claims Act's whistleblower provisions are unconstitutional, underscoring that acceptance of qui tam relators can no longer be taken for granted, say attorneys at Miller & Chevalier.
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How Attys Can Use A Therapy Model To Help Triggered Clients
Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.
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Medicare Advantage Enforcement Strong Amid Agency Cuts
The second Trump administration's actions thus far suggest that Medicare Advantage enforcement remains a bipartisan focus despite challenges presented by evolving trends in federal agency staffing and resources, say attorneys at Ropes & Gray.
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3 Steps For In-House Counsel To Assess Litigation Claims
Before a potential economic downturn, in-house attorneys should investigate whether their company is sitting on hidden litigation claims that could unlock large recoveries to help the business withstand tough times, says Will Burgess at Hilgers Graben.
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Series
Teaching College Students Makes Me A Better Lawyer
Serving as an adjunct college professor has taught me the importance of building rapport, communicating effectively, and persuading individuals to critically analyze the difference between what they think and what they know — principles that have helped to improve my practice of law, says Sheria Clarke at Nelson Mullins.
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5 Areas Contractors Should Watch After 1st 100 Days
Federal agencies and contractors face challenges from staff reductions, contract terminations, pending regulatory reform and other actions from the second Trump administration's first 100 days, but other areas stand to become more efficient and cost-effective, say attorneys at Thompson Hine.
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A New Tool For Assessing Kickback Risks In Health Marketing
The Seventh Circuit's recent decision in U.S. v. Sorensen, reversing a conviction after trial of a durable medical equipment distributor, highlights two principle considerations for determining whether payments to marketers in healthcare are unlawful under the Anti-Kickback Statute, says Elisha Kobre at Sheppard Mullin.
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Series
Adapting To Private Practice: From DOJ Enviro To Mid-Law
Practitioners leaving a longtime government role for private practice — as when I departed the U.S. Department of Justice’s environmental enforcement division — should prioritize finding a firm that shares their principles, values their experience and will invest in their transition, says John Cruden at Beveridge & Diamond.
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Independent Contractor Rule Up In The Air Under New DOL
In several recent court challenges, the U.S. Department of Labor has indicated its intent to revoke the 2024 independent contractor rule, sending a clear signal that it will not defend the Biden-era rule on the merits in anticipation of further rulemaking, say attorneys at Jackson Lewis.
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Trump DOE's Plan On AI Offers Challenges, Opportunities
The Trump administration's push to make federal land available for development of artificial intelligence data centers follows a similar Biden administration proposal — but a new request for information from the U.S. Department of Energy envisions a rapid timeline that may prove challenging for both the DOE and industry stakeholders, say attorneys at HWG.
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Legal Ethics Considerations For Law Firm Pro Bono Deals
If a law firm enters into a pro bono deal with the Trump administration in exchange for avoiding or removing an executive order, it has an ethical obligation to create a written settlement agreement with specific terms, which would mitigate some potential conflict of interest problems, says Andrew Altschul at Buchanan Angeli.