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Government Contracts
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May 16, 2025
5th Circ. Reverses Intervention Denial For Border Wall Cos.
A Texas federal judge erred when he refused to let several government contractors and the Sierra Club intervene in a lawsuit that blocked the use of border wall funding for anything other than new barrier construction, the Fifth Circuit ruled Thursday.
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May 16, 2025
23 States Win Order Halting Billions In HHS Public Health Cuts
A Rhode Island federal judge on Friday barred the Trump administration from cutting off billions of dollars in funding to state public health programs, determining the abrupt grant terminations likely violated congressional authority over spending.
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May 16, 2025
Patent Owner Urges Justices To Take Telemedicine Case
The owner of a pair of invalidated patents covering medical machinery pushed the U.S. Supreme Court to take up its fight over the patents' eligibility since the government said it planned to argue the patents shouldn't have been invalidated as abstract if the company's petition was granted.
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May 16, 2025
Judge Blocks Energy Department's Cap On Research Costs
A Boston federal judge blocked a U.S. Department of Energy policy capping research costs, saying the suit was "far from identical" to another case in which the U.S. Supreme Court rejected a challenge to education grant cuts.
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May 16, 2025
Trump Admin Settles Vaccine Contract Info Suit For $10K
The Trump administration has reached a $10,000 settlement with a consumer advocacy group over allegedly withholding information about the government's billion-dollar contracts with companies that developed and manufactured the COVID-19 vaccine, including Pfizer and Moderna.
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May 16, 2025
1MDB Prosecutors Seek Leniency For Ex-Goldman Banker
Prosecutors asked a Manhattan federal judge for leniency when sentencing a former Goldman Sachs partner who cooperated in the investigation into the 1MDB scandal and testified at his former colleague's trial, citing his "extraordinary" assistance.
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May 15, 2025
7th Circ. Weighs AbbVie Whistleblower's Drug Marketing Suit
A Seventh Circuit judge questioned whether a former AbbVie employee has plausibly alleged whistleblower retaliation in a false claims case and whether the drugmaker was holding his complaint to too high a standard Thursday as he explored whether a lower court's dismissal ruling should stand.
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May 15, 2025
KPMG Sues To Stop Air Force's 'Billion-Dollar Boondoggle'
KPMG has lodged a bid protest accusing the U.S. Air Force of unlawfully forgoing competition when awarding Deloitte more than $1 billion worth of audit remediation contracts, telling the U.S. Court of Federal Claims that KPMG can't compete unless the "billion-dollar boondoggle" is stopped.
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May 15, 2025
Unions, Groups Seek Injunction To Block Gov't Restructuring
A California federal judge must greenlight a nationwide injunction to stop multiple federal agencies from moving ahead with implementing reorganization and mass termination plans linked to an executive order, a coalition of unions and groups argued, making their request on the heels of a temporary restraining order.
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May 15, 2025
Spinal Implant Co. CEO Pleads Guilty Ahead Of Kickback Trial
The head of a Massachusetts medical device company pled guilty Thursday to a false statements charge days before he was set to face a jury over claims that he and another executive bribed surgeons with sham consulting deals to get them to use the company's spinal implants.
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May 15, 2025
$60.5M In Settlements Get Final OK In RTX No-Poach Case
A Connecticut federal judge has granted final approval to $60.5 million worth of settlements to resolve accusations that RTX Corp.'s Pratt & Whitney division and five contractors colluded to avoid hiring one another's workers, with RTX paying more than half of the total and attorneys taking nearly $20.2 million in fees.
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May 15, 2025
Energy Dept. Expands Review Of $15B Worth Of Grants
The U.S. Department of Energy said on Thursday that it's scrutinizing 179 grant awards worth $15 billion that it said were issued under the Biden administration.
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May 15, 2025
Feds' Memo In Filing Mishap Is Privileged, NY Judge Says
A New York federal judge has determined that the federal government's mistakenly filed memo in litigation over Manhattan's congestion pricing program is privileged and cannot be cited in the parties' arguments, but the memo won't be sealed because it's already been widely reported on.
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May 15, 2025
Ex-Mich. Legislative Aide Accused Of Embezzling Grant Funds
A former Michigan politician's aide has been charged with embezzling state grant funds intended for the construction of a health and fitness center, state Attorney General Dana Nessel announced Thursday.
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May 15, 2025
Claims Judge Slams DOJ Plea For More Time To Answer Suit
A Court of Federal Claims judge denied the U.S. Department of Justice's bid for more time to respond to a breach of contract suit, saying its "failure to adequately staff its cases" does not warrant any more extensions beyond the four already granted.
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May 15, 2025
Lima Accuses Foley Hoag Of Conflict In $200M Award Case
The Peruvian city of Lima has urged a D.C. federal court to vacate its confirmation of about $200 million in arbitral awards favoring a highway contractor, saying the municipality's former counsel at Foley Hoag LLP concealed a conflict of interest.
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May 14, 2025
DOGE Can't Dodge Limited FOIA Discovery, DC Circ. Says
The Office of Management and Budget and Elon Musk's Department of Government Efficiency must restart efforts to hand over thousands of pages of documents to a watchdog group seeking insight into DOGE's "secretive operations," the D.C. Circuit ruled Wednesday.
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May 14, 2025
DOJ Tells Judge It's Reshaping, Not Killing, Detainee Legal Aid
A D.C. federal judge suggested he might need more in an administrative record to decide whether to reinstate government-backed legal assistance programs for detained noncitizens after a late filing from the feds suggested congressionally appropriated funds would still go out but to different recipients.
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May 14, 2025
Judge Questions Harm In Suit Over CPB Board Terminations
A D.C. federal judge on Wednesday seemed unconvinced that Corporation for Public Broadcasting members purportedly ousted by President Donald Trump are facing the sort of irreparable harm that warrants blocking their firings, questioning whether the nonprofit corporation could take other measures to fill its leadership.
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May 14, 2025
Texas Appeals Court Asks If It Can Flip Arbitration Order
A Texas appeals court questioned Wednesday whether it can flip an order compelling several whistleblowers at the center of a $14 million settlement with JPMorgan Chase Bank NA into arbitration, saying it may not have jurisdiction.
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May 14, 2025
Ga. Justices Consider Sovereignty In Telecom Permits Case
Georgia's justices were urged by the state Wednesday to overturn a trial court order granting summary judgment to telecommunications providers that sued to enforce prior contracts with the Georgia Department of Transportation that did not include increased permitting fees.
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May 14, 2025
Army Corps Halts Air Base Project, Cites Contractor Lapses
The U.S. Army Corps of Engineers reasonably terminated a $1.7 million contract for repairs to an air base in South Korea for lack of progress, but it must negotiate with the contractor to settle payment for the work completed, a contract appeals board said.
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May 14, 2025
Tripwire Moves To End Explosives Suit Over Licensing Issues
Tripwire South, its affiliate Tripwire Aviation and executive Ryan Morris urged a Pennsylvania federal court to dismiss Bizzell Corp.'s fraud and contract claims, arguing Bizzell's failure to obtain proper government licenses made delivery of military-grade explosives legally impossible.
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May 14, 2025
Co. Missed Chance To Appeal Axed Contract, Board Says
A Maryland-based company that repeatedly missed deadlines to deliver conduits to a U.S. Army depot also missed a 90-day window to appeal the Army's termination of its contract, a military contract board has said.
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May 14, 2025
Monitor Says Okla. Pot Agency Fired Her For Blowing Whistle
A former contract monitor for the Oklahoma Medical Marijuana Authority is suing the agency, alleging she was wrongly fired and had her file marked "no rehire," preventing her from finding other government work, in retaliation for reporting on a conflict of interest.
Expert Analysis
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Series
Baseball Fantasy Camp Makes Me A Better Lawyer
With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.
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Series
Adapting To Private Practice: From Fed. Prosecutor To BigLaw
Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.
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Jurisdiction Argument In USAID Dissent Is Up For Debate
A dissent refuting the U.S. Supreme Court’s recent order directing the U.S. Agency for International Development to pay $2 billion in frozen foreign aid argued that claims relating to already-completed government contract work belong in the U.S. Court of Federal Claims – answering an important question, but with a debatable conclusion, says Steven Gordon at Holland & Knight.
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How Importers Can Minimize FCA Risks Of Tariff Mitigation
False Claims Act risks are inherent in many tariff mitigation strategies, making it important for importers to implement best practices to identify and report potential violations of import regulations before they escalate, says Samuel Finkelstein at LMD Trade Law.
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Firms Still Have Lateral Market Advantage, But Risks Persist
Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Making The Opportunity Zones Program Great At Last
As the opportunity zone program approaches its expiration, the Republican-led government could take specific steps to extend and improve the program, address its structural flaws, encourage broader participation and enable it to live up to its promised outcomes, say attorneys at Pillsbury.
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Opinion
We Must Allow Judges To Use Their Independent Judgment
As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.
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Series
Performing Stand-Up Comedy Makes Me A Better Lawyer
Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.
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Constitutional Foundations Of Gov't-Guaranteed Investments
For attorneys advising clients with exposure to government-backed investments, understanding the constitutional guardrails on presidential impoundment offers essential guidance for risk assessment, contract strategy and litigation planning, says Mauni Jalali at Quinn Emanuel.
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Investor Essentials For Buying Federally Owned Property
Investors and developers can take advantage of the Trump administration's plan to sell government-owned real estate by becoming familiar with the process and eligible to bid, and should prepare to move quickly once the U.S. General Services Administration posts the list of properties for sale, say attorneys at Holland & Knight.
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Series
Adapting To Private Practice: From SEC To BigLaw
As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.
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Weathering Policy Zig-Zags In Gov't Contracting Under Trump
To succeed amid the massive shift in federal contracting policies heralded by President Donald Trump's return to office, contractors should be prepared for increased costs and enhanced False Claims Act enforcement, and to act swiftly to avail themselves of contractual remedies, says Jacob Scott at Smith Currie.
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Making The Case For Rest In The Legal Profession
For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.
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Opinion
It's Time To Fix The SEC's Pay-To-Play Rule
Nearly 15 years after its adoption, the U.S. Securities and Exchange Commission's pay-to-play rule is not working as intended — a notion recently echoed by SEC Commissioner Hester Peirce — and the commission should reconsider the strict liability standard, raise the campaign contribution limits and remove the look-back provision, say attorneys at WilmerHale.
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4 Ways Women Attorneys Can Build A Legal Legacy
This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.