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Government Contracts
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July 29, 2025
NY Judge Faces Recusal Request Over Gilead Stock Holdings
A criminal defendant who admitted to taking part in a black market HIV drug scam has asked the Manhattan federal judge presiding over his case to step away after the judge disclosed brief ownership of nearly 9,000 shares of Gilead Sciences Inc., while the defendant was fighting her $2 million restitution order.
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July 29, 2025
Federal Cuts Shake Up Clinical Research Funding Landscape
As the Trump administration makes deep cuts to clinical research funding, healthcare attorneys worry that the delicate balance between federal grants and private investment is at risk. Crowell & Moring LLP partner Linda Malek talks to Law360 Healthcare Authority about the industry's concerns.
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July 29, 2025
Top Gov't Contract Policies of 2025: Midyear Report
The Trump administration made several prominent policy moves affecting contractors this year, including rescinding Biden-era policies related to pay equity and DEI, and pushing to overhaul the Federal Acquisition Regulation. Here, Law360 examines significant policy changes from the first half of 2025 that will affect government contractors.
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July 28, 2025
Cadence To Pay $140M For Illegal Chip Design Exports To China
Semiconductor technology company Cadence Design Systems agreed to pay over $140 million and plead guilty to criminal conspiracy to commit export control violations to resolve charges that it exported semiconductor design tools to a restricted Chinese military university, U.S. Department of Justice officials announced Monday.
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July 28, 2025
Judge Won't Toss Siemens' $3M Suit Over Contract Bid Costs
A Court of Federal Claims judge won't dismiss a Siemens unit's lawsuit seeking nearly $3 million from the U.S. Army Corps of Engineers for costs it incurred preparing a bid for an energy savings project at an American Air Force base in Germany that was later canceled.
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July 28, 2025
Mass. Judge Denies Injunction Against Trash Co. Hit By Strike
A Massachusetts state court judge on Monday denied a request by six communities for an injunction forcing trash hauler Republic Services to fully comply with the terms of its existing waste collection contracts, as a strike by its workers entered its fourth week.
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July 28, 2025
Qui Tam Relator's Atty Admits Fake Citations In DC FCA Suit
An attorney representing the estate of a Washington, D.C.-based construction company's former director in a False Claims Act suit launched against the contractor has withdrawn from the suit due to "recent failure to provide adequate representation" after his co-counsel alleged that the attorney used AI to file a brief "riddled with citation errors."
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July 28, 2025
Fla. Says Tribe Can't Join Detention Center Row, Feds Shrug
The Florida Division of Emergency Management's chief is objecting to the Miccosukee Tribe of Indians' effort to join green groups' legal fight against an immigration detention center constructed in the Everglades.
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July 28, 2025
PREP Act Won't Save COVID Test Manufacturer From IP Suit
The maker of swabs used in COVID-19 tests can't invoke a public health law's immunity protections to avoid patent infringement litigation, a Maine federal judge has ruled.
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July 28, 2025
Fed. Circ. Panel Calls For Extending Newman's Suspension
A three-judge Federal Circuit panel recommended Monday that U.S. Circuit Judge Pauline Newman remain suspended, saying her refusal to undergo medical tests by doctors chosen by the court is a "serious form of continuing misconduct" that is hindering an investigation into her health.
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July 28, 2025
DOL's Job Corps Closure Was Unlawful, DC Judge Rules
A D.C. federal court granted a group of students' request for a preliminary injunction against the U.S. Department of Labor for its decision to close 99 Job Corps centers, saying the department's move was unlawful and "unprecedented."
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July 28, 2025
Top Gov't Contracts Cases To Watch In The 2nd Half Of 2025
Federal courts in the latter half of 2025 are expected to decide if government contractors can immediately appeal denials of immunity and scrutinize whether the False Claims Act's whistleblower provision is constitutional, potentially affecting the government's ability to tackle fraud. Here, Law360 previews key disputes that government contractors should have on their radar in the second half of the year.
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July 28, 2025
Judge Again Cites Bias In NIH Fund Freeze As Gov't Appeals
A Massachusetts federal judge on Monday reiterated his conclusion that the Trump administration's freeze of $783 million worth of National Institutes of Health grants was based on "palpable" gender and racial discrimination, as he acknowledged a pending request by the government to the U.S. Supreme Court to stay his order that the money be released.
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July 28, 2025
Judge Says Trump Admin Can't Defund Planned Parenthood
A Massachusetts federal judge on Monday blocked President Donald Trump's administration from denying Medicaid reimbursements to Planned Parenthood clinics, expanding an earlier ruling that had applied only to those that do not provide abortions or that receive minimal federal support.
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July 28, 2025
Freshfields, White & Case, Sidley Guide $3B Vaccine Biz Buy
Private equity firms Nordic Capital and Permira said Monday they will buy Bavarian Nordic for 19 billion Danish kroner ($3 billion) in cash to turn the vaccine developer into a global heavyweight as a private company.
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July 25, 2025
11th Circ. Says Court Can't Nix Discovery Evidence In FCA Suit
The Eleventh Circuit on Friday revived a whistleblower lawsuit that said moving companies conspired to defraud the U.S. General Services Administration, saying a lower court can't dismiss an amended complaint while ignoring information obtained through discovery.
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July 25, 2025
Pullman & Comley Didn't Flag 'Falsified' $16M Loan, Suit Says
Pullman & Comley LLC didn't discover that the executive director of a Connecticut municipal housing authority had allegedly forged a connected company's $16.2 million loan application before penning a letter claiming the deal appeared solid, the lender, who was not a client, has alleged in a lawsuit.
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July 25, 2025
Feds Redirect First Phase Of Atomic Bomb Waste To Texas
Radioactive waste from the development of the first atomic bomb will no longer be sent to a landfill in Wayne County, Michigan, after a group of nearby communities sued to block the landfill from accepting 6,000 cubic yards of the material.
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July 25, 2025
Protest Of $32M VA Phone Deal Gets Disconnected At GAO
A Massachusetts telecommunications company that protested a $32.7 million task order that the Department of Veterans Affairs awarded for phone replacement services failed to show any basis to revisit the award, the U.S. Government Accountability Office has decided.
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July 25, 2025
Jurisdiction Issue Leads To USAID Shutdown Suit's Dismissal
A Washington, D.C., federal judge dismissed a suit Friday by a union and other groups seeking to stop the dismantling of the U.S. Agency for International Development and denied a contractor association an order blocking the same, saying their claims belong before expert agencies rather than a district court.
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July 25, 2025
Los Angeles Seeks Early Win In Military Leave Bias Suit
The city of Los Angeles and the Los Angeles Police Department urged a California federal court Friday to grant them an early win in a proposed class action alleging the city didn't grant equal sick and vacation time to service members and wouldn't promote them because of their service obligations.
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July 25, 2025
US Says Insurer Must Pay $5M Following Project Delays
The U.S. government told a Virginia federal court that a Liberty Mutual unit owes an electrical subcontractor more than $5 million following delays for a school construction project at a Marine Corps base in Quantico, Virginia.
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July 25, 2025
Surety Can't Avoid Texas County's $11M Park Bond Dispute
A surety can't escape a county's suit accusing it of breaching a performance bond issued for an $11 million park development project, a Texas appellate court ruled, saying the surety failed to show that a one-year statute of limitations expired before the county filed suit.
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July 25, 2025
Top Gov't Contracts Decisions Of 2025: A Midyear Report
Federal courts and the U.S. Government Accountability Office decided several consequential cases impacting government contractors this year, including weighing the legality of project labor agreement requirements and their jurisdiction over Other Transaction Authority deals. Here, Law360 reviews the top government contracts-related rulings so far in 2025.
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July 25, 2025
4th Circ. Backs Maryland Contractor's Fraud Conviction
A Fourth Circuit panel affirmed a Maryland man's conviction and 45-month prison sentence for selling misrepresented video teleconference equipment and related services to the U.S. government, rejecting his challenges to a jury instruction and sentence enhancement.
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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Series
Adapting To Private Practice: From ATF Director To BigLaw
As a two-time boomerang partner, returning to BigLaw after stints as a U.S. attorney and the director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, people ask me how I know when to move on, but there’s no single answer — just clearly set your priorities, says Steven Dettelbach at BakerHostetler.
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4 In-Flux Employment Law Issues Banks Should Note
Attorneys at Ogletree provide a midyear update on employment law changes that could significantly affect banks and other financial service institutions — including federal diversity equity and inclusion updates, and new and developing state and local artificial intelligence laws.
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New DOJ Penalty Policy Could Spell Trouble For Cos.
In light of the U.S. Department of Justice’s recently published guidance making victim relief a core condition of coordinated resolution crediting, companies facing parallel investigations must carefully calibrate their negotiation strategies to minimize the risk of duplicative penalties, say attorneys at Debevoise.
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A Look At Key 5th Circ. White Collar Rulings So Far This Year
In the first half of 2025, the Fifth Circuit has decided numerous cases of particular import to white collar practitioners, which collectively underscore the critical importance of meticulous recordbuilding, procedural compliance and strategic litigation choices at every stage of a case, says Joe Magliolo at Jackson Walker.
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Contract Disputes Recap: Privity, Pressure, Procedural Traps
Three recent decisions from the Civilian Board of Contract Appeals, the Federal Circuit and the U.S. Court of Federal Claims offer fresh lessons for contractors navigating the procedural edge of Contract Disputes Act litigation, says Zachary Jacobson at Seyfarth.
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Series
Playing Baseball Makes Me A Better Lawyer
Playing baseball in college, and now Wiffle ball in a local league, has taught me that teamwork, mental endurance and emotional intelligence are not only important to success in the sport, but also to success as a trial attorney, says Kevan Dorsey at Swift Currie.
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Managing Risks As State AGs Seek To Fill Enforcement Gap
Given an unprecedented surge in state attorney general activity resulting from significant shifts in federal enforcement priorities, companies must consider tailored strategies for navigating the ever-evolving risk landscape, say attorneys at Cozen O'Connor.
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Series
Law School's Missed Lessons: Skillful Persuasion
In many ways, law school teaches us how to argue, but when the ultimate goal is to get your client what they want, being persuasive through preparation and humility is the more likely key to success, says Michael Friedland at Friedland Cianfrani.
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FCA Working Group Reboot Signals EHR Compliance Risk
The revival of the False Claims Act working group is an aggressive expansion of enforcement efforts by the Justice Department and the U.S. Department of Health and Human Services targeted toward technology-enabled fraud involving electronic health records and other data, say attorneys at ArentFox Schiff.
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Litigation Inspiration: How To Respond After A Loss
Every litigator loses a case now and then, and the sting of that loss can become a medicine that strengthens or a poison that corrodes, depending on how the attorney responds, says Bennett Rawicki at Hilgers Graben.
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The Metamorphosis Of The Major Questions Doctrine
The so-called major questions doctrine arose as a counterweight to Chevron deference over the past few decades, but invocations of the doctrine have persisted in the year since Chevron was overturned, suggesting it still has a role to play in reining in agency overreach, say attorneys at Crowell & Moring.
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Arguing The 8th Amendment For Reduction In FCA Penalties
While False Claims Act decisions lack consistency in how high the judgment-to-damages ratio in such cases can be before it becomes unconstitutional, defense counsel should cite the Eighth Amendment's excessive fines clause in pre-trial settlement negotiations, and seek penalty decreases in post-judgment motions and on appeal, says Scott Grubman at Chilivis Grubman.
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$95M Caremark Verdict Should Put PBMs On Notice
A Pennsylvania federal judge’s recent ruling that pharmacy benefits manager CVS Caremark owes the government $95 million for overbilling Medicare Part D-sponsored drugs highlights the effectiveness of the False Claims Act, as scrutiny of PBMs’ outsized role in setting drug prices continues to increase, say attorneys at Duane Morris.
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Series
Playing Mah-Jongg Makes Me A Better Mediator
Mah-jongg rewards patience, pattern recognition, adaptability and keen observation, all skills that are invaluable to my role as a mediator, and to all mediating parties, says Marina Corodemus.
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Bid Protest Spotlight: Conflicts, Evaluations, Materiality
In this month's bid protest roundup, Brian Doll at MoFo examines three June decisions from the U.S. Government Accountability Office examining the U.S. Army’s handling of an impaired objectivity conflict of interest, the adequacy of oral evaluations, and whether a nonmaterial misrepresentation can sustain a protest.