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Government Contracts
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March 19, 2025
Judge Tells DOJ To Alert All Agencies Of Perkins Coie Ruling
A Washington, D.C., federal judge Wednesday directed the Trump administration to tell all federal agencies to rescind requests for disclosures about government and contractor relationships with Perkins Coie LLP, following an order last week blocking enforcement of the president's executive order against the Seattle-based law firm.
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March 19, 2025
Fed. Circ. Says Lacking License Dooms DOD Fuel Deal Protest
The Federal Circuit refused Wednesday to revive a case challenging a $134 million sole-source fuel supply contract for the U.S. military in Djibouti, saying the challenger wasn't eligible for the deal even if the Defense Logistics Agency had opened it up to competition.
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March 19, 2025
Judge Questions Standing In DEI Executive Orders Challenge
A D.C. federal judge on Wednesday questioned whether three civil rights nonprofits have standing to block the Trump administration's executive orders ending federal diversity, equity, inclusion and accessibility programs and cutting off funding for groups focused on minority populations.
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March 19, 2025
3rd Circ. Passes On Appeal Of NJ Judicial Privacy Law Ruling
Data brokers cannot consolidate dozens of lawsuits in federal court that claim they violated the New Jersey data privacy statute known as Daniel's Law, after the Third Circuit declined to revisit an earlier ruling that sent the lawsuits back to state court.
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March 19, 2025
Law360 Announces The Members Of Its 2025 Editorial Boards
Law360 is pleased to announce the formation of its 2025 Editorial Advisory Boards.
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March 18, 2025
Lab Co-Founder Takes Stand For Gov't In $40M Testing Case
A co-founder of a laboratory accused of submitting $40 million in unnecessary COVID-19 and genetic testing claims to healthcare benefit programs took the stand for the government on Tuesday, first testifying that the lab used an unauthorized test to cut corners and save money before admitting on cross-examination that the test was chosen because it performed better.
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March 18, 2025
NIH Avoids Contempt In Trans Case Despite Judge's Criticism
A federal judge said there is no clear evidence that the National Institutes of Health's revoking a Washington hospital's research grant violated her order blocking President Donald Trump's efforts to cut funding for gender-affirming care for young people, but the judge chastised the administration for its "narrow and self-serving view" of what makes up care.
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March 18, 2025
Md. Judge Says USAID Dismantling Is Likely Unconstitutional
A Maryland federal judge on Tuesday ruled that Elon Musk and his Department of Government Efficiency likely violated the U.S. Constitution "in multiple ways" in their drive to dismantle the U.S. Agency for International Development.
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March 18, 2025
Novel Argument Can't Excuse Late $409M Army Deal Protest
A Court of Federal Claims judge has denied a protest over a $408.7 million Army training contract, saying the protester waived its chance to dispute the Army's failure to conduct discussions with bidders by not filing that argument earlier.
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March 18, 2025
Asphalt Co. Exec Avoids Prison, Fined $100K For Bid Rigging
The president of an asphalt paving company who pled guilty to participating in a scheme with other asphalt companies to rig bids for projects in Michigan for roughly eight years avoided prison time and was ordered Tuesday to pay a $100,000 fine.
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March 18, 2025
Texas Tells 5th Circ. Trump Executive Order Nixes Pay Ruling
The Texas attorney general told the Fifth Circuit that its ruling in favor of the Biden administration's mandate increasing the minimum wage for federal contractors to $15 per hour must now be thrown out because President Donald Trump overturned the rule in an executive order last week.
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March 18, 2025
Bar Examinee Defends $2M ExamSoft Software Crash Suit
A former paralegal and would-be attorney has asked a federal judge to keep alive her software crash suit against ExamSoft, arguing that both the popular software company and the Connecticut Bar Examining Committee violated the Americans with Disabilities Act by not giving her extra time under an approved accommodation when her computer crashed during a remote COVID-era test.
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March 17, 2025
US Chamber Says FCA Qui Tam Provisions Unconstitutional
The U.S. Chamber of Commerce on Monday endorsed a legal challenge aimed at bringing down the whistleblower provisions in the False Claims Act, arguing there is a "manifest conflict between the modern FCA's qui tam provisions and Article II's text."
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March 17, 2025
DOGE Wants Judge To Reconsider Records Production Order
The Department of Government Efficiency has asked a D.C. federal judge to reconsider an order requiring it to share requested records with a watchdog group, doubling down on its position that DOGE is not an agency subject to public records law.
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March 17, 2025
Gutting USAID Threatens US Credibility, 22 Ex-Officials Say
A bipartisan group of former high-ranking national security and defense officials on Monday voiced opposition to the Trump administration's decision to dismantle the U.S. Agency for International Development, saying in an amicus brief filed in D.C. federal court that the shutdown undermines the United States' credibility while allowing China and Russia to build theirs.
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March 17, 2025
Judge Extends Block On Data Sharing With DOGE
A Maryland federal judge extended her temporary restraining order blocking the U.S. Department of Education and U.S. Office of Personnel Management from turning over sensitive personal information on federal employees to Department of Government Efficiency workers Monday, giving herself another week to rule on the workers' preliminary injunction request.
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March 17, 2025
Doctor Pays $700K To Settle Feds' Medicare Fraud Suit
A doctor and his Ringgold, Georgia, practice have agreed to pay $700,000 to settle allegations that they knowingly submitted false claims to Medicare for medically unnecessary chelation therapy.
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March 17, 2025
Private Equity Billionaire Greenlighted As Pentagon's No. 2
Private equity billionaire Stephen Feinberg was confirmed as deputy defense secretary on Friday by a 59-40 vote in the U.S. Senate.
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March 17, 2025
DJI Says DOD Chinese Military Co. Listing Was Irrational
Drone manufacturer SZ DJI Technology Co. Ltd. has urged a D.C. federal judge to order the U.S. Department of Defense to take the company off a list of Chinese military companies, saying the listing was based on faulty reasoning and a failure to consider relevant evidence.
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March 17, 2025
DC Circ. Skeptical Of Killing $200M Toll Road Arbitration Award
The D.C. Circuit seemed to have its doubts Monday about the Peruvian city of Lima's argument that it should overturn the confirmation of a $200 million arbitral award over a failed toll road construction project because the lower court ignored its claim that the contract was acquired via bribe.
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March 17, 2025
Split 9th Circ. Won't Halt Federal Workers Reinstatement Order
A divided Ninth Circuit panel on Monday denied President Donald Trump's administration an immediate administrative stay of a California district court order requiring reinstatement of some probationary federal workers fired from six agencies, the majority saying a pause "would disrupt the status quo and turn it on its head."
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March 17, 2025
Colo. Justices Reject Bid To Toss Election Defamation Suit
Colorado's justices have rejected petitions from President Donald Trump's campaign and conservative media personalities arguing that a former Dominion Voting executive's defamation suit should be tossed under a state anti-SLAPP law, according to an en banc order Monday declining to review the case.
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March 17, 2025
Ginnie Mae Says Texas Bank Can't Undo Ruling On Lien
Ginnie Mae and the U.S. Department of Housing and Urban Development have urged a Texas federal court to grant them summary judgment in a Texas bank's lawsuit, which alleges the government wrongfully extinguished the bank's first-priority lien for nearly $30 million of collateral, saying the court already upheld the authority to terminate the lien.
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March 17, 2025
Army Can Reject $435M TNT Plant Bidder Over China Ties
The U.S. Government Accountability Office has rejected a protest over a $435 million U.S. Army contract to design and build a TNT production facility, saying the Army reasonably rejected a bidder for security concerns over ties to China.
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March 17, 2025
Trump Revokes Fed. Contractor Wage Order That Led To Suits
President Donald Trump rescinded former President Joe Biden's executive order increasing the minimum wage for federal contract workers to $15 an hour, leaving an uncertain future for the U.S. Department of Labor rule implementing the order and ongoing court challenges to the rule.
Expert Analysis
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Firms Must Offer A Trifecta Of Services In Post-Chevron World
After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.
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5 Tips To Succeed In A Master Of Laws Program And Beyond
As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.
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Series
Being An Opera Singer Made Me A Better Lawyer
My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.
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How Law Firms Can Avoid 'Collaboration Drag'
Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.
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Philly Project Case Renews Ongoing Fraud Theory Tug-Of-War
In its upcoming term, the U.S. Supreme Court will hear Kousisis v. U.S., a case involving wire fraud convictions related to Philadelphia bridge repair projects, and may once again further rein in prosecutorial attempts to expand theories of fraud beyond core traditional property rights, say Jonathan Halpern and Kyra Rosenzweig at Holland & Knight.
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Opinion
Litigation Funding Disclosure Key To Open, Impartial Process
Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.
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Whistleblowers Must Note 5 Key Differences Of DOJ Program
The U.S. Department of Justice’s recently unveiled whistleblower awards program diverges in key ways from similar programs at other agencies, and individuals must weigh these differences and look first to programs with stronger, proven protections before blowing the whistle, say Stephen Kohn and Geoff Schweller at Kohn Kohn.
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What NFL Draft Picks Have In Common With Lateral Law Hires
Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.
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Foreign Threat Actors Pose Novel Risks To US Tech Cos.
A recent bulletin jointly issued by several U.S. intelligence agencies warns technology startups and the venture capital community about national security risks posed by foreign threat actors, so companies interested in raising foreign capital should watch for several red flags, say Robert Friedman and Jacob Marco at Holland & Knight.
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Replacing The Stigma Of Menopause With Law Firm Support
A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.
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Planning Law Firm Content Calendars: What, When, Where
During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.
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Series
Playing Golf Makes Me A Better Lawyer
Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.
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Law Firms Should Move From Reactive To Proactive Marketing
Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.
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3 High Court Rulings May Shape Health Org. Litigation Tactics
Three separate decisions from the U.S. Supreme Court's most recent term — Loper Bright, Corner Post and Jarkesy — will likely strengthen healthcare organizations' ability to affirmatively sue executive agencies to challenge regulations governing operations and enforcement actions, say attorneys at McDermott.
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Opinion
The Big Issues A BigLaw Associates' Union Could Address
A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.