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Government Contracts
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August 08, 2025
Administration Says States Can't Second-Guess ACA Changes
The Trump administration urged a Massachusetts federal court to reject a request by a group of states seeking to stay implementation of new rules that will reduce Affordable Care Act healthcare marketplace subsidies and enforce certain enrollment restrictions.
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August 08, 2025
Massachusetts Sheriff Charged With Extorting Cannabis Shop
Suffolk County, Massachusetts, Sheriff Steven W. Tompkins was arrested Friday morning in Florida on extortion charges related to his demand for a stake in a cannabis dispensary — and a refund when his shares lost value — federal prosecutors announced.
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August 07, 2025
Judge Orders Chemours To Cut Discharges At W.Va. Plant
A West Virginia federal judge on Thursday ordered Chemours to take any steps needed to stop its Washington Works manufacturing plant from continuing to discharge excessive amounts of a harmful "forever chemical" into the Ohio River.
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August 07, 2025
Motorola Surveillance App Teed Up For 1st Circ. Review
The First Circuit should decide whether a Motorola app designed to allow police to record calls without informing the person on the other line was illegal in and of itself, said a Massachusetts federal judge overseeing a suit from four men who argue that it was.
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August 07, 2025
USPTO's Chief Information Officer Leaves Agency
The U.S. Patent and Trademark Office's chief information officer is departing the agency for a job in the private sector, and the deputy CIO is stepping up to fill the position, a spokesperson confirmed to Law360 on Thursday.
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August 07, 2025
GAO Says DOD Didn't Properly Assess $10M Contract Offers
The Government Accountability Office has told the U.S. Department of Defense it should reevaluate proposals and make a new award decision for a nearly $10 million technical support services contract, finding it failed to properly evaluate the winning proposal.
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August 07, 2025
2nd Circ. Axes Challenge To Medicare Drug Price Negotiations
In a published opinion Thursday, the Second Circuit turned away Boehringer Ingelheim's constitutional and administrative challenge to the Medicare Drug Price Negotiation Program, finding that the program is voluntary and it was lawfully implemented under the Inflation Reduction Act.
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August 07, 2025
Rising Star: Cozen O'Connor's Matthew Howell
Matthew Howell of Cozen O'Connor has been successful on bid protests, including a contract involving the Strategic National Stockpile and in helping clients navigate government regulations and reviews, earning him a spot among the government contracts attorneys under age 40 honored by Law360 as Rising Stars.
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August 07, 2025
Fed. Circ. Skeptical Of Realty Co.'s IRS Contract Dispute
Federal Circuit judges seemed skeptical Thursday of a realty company's claim that the IRS improperly blocked its bid to continue leasing office space to the agency after IRS employees complained about the building, with one judge challenging whether evidence actually showed the agency acted in bad faith.
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August 07, 2025
Fla. Judge Pauses Everglades Detention Facility Construction
A Florida federal judge on Thursday issued a temporary restraining order in the lawsuit against the Everglades immigration detention center dubbed "Alligator Alcatraz," briefly halting the construction of additional tents and other infrastructure for two weeks while allowing facility operations to continue.
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August 06, 2025
Judge Blocks Mich. Landfill From Taking Radioactive Waste
A Michigan state judge on Wednesday blocked a Detroit-area landfill from accepting thousands of cubic yards of radioactive material stemming from the Manhattan Project, holding that it could be sent to a less-populated area and pose less risk.
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August 06, 2025
GAO Grounds Challenge To $368M Air Force Training Award
The U.S. Government Accountability Office said a Milwaukee company protesting a $368 million Air Force award for a T-7A aircraft maintenance training system failed to show that its lower-cost proposal had been unreasonably passed over.
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August 06, 2025
NASA Office Urges More Oversight For $27B In Gov't Property
NASA's Office of Inspector General said Wednesday that the space agency needs to keep better track of the $26.6 billion worth of government property it has provided to contractors involved in the campaign to prepare astronauts for Mars.
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August 06, 2025
Conn. Hospital Advances $8.3M Bonus Claims Against State
Connecticut Children's Medical Center Inc. can proceed on all its claims against the state Department of Social Services in a dispute over an unpaid $8.3 million performance bonus, a state court judge has ruled in turning away the department's bid to trim the case to a single count.
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August 06, 2025
Judge Questions USDA's Climate Grant Cuts
A D.C. federal judge grilled an attorney for the federal government over why the U.S. Department of Agriculture's climate-focused grants for farmers and food nonprofits were rescinded en masse when they seemingly aligned with the program, but also told recipients that she won't be "rearranging" the agency's priorities.
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August 06, 2025
FAR Council Issues Final Rule On SAM Registration
The Federal Acquisition Regulatory Council issued a final rule on Wednesday clarifying that contractors don't need to be continuously registered in a federal database between bidding and contract award.
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August 06, 2025
Rising Star: Blank Rome's Michael Joseph Montalbano
Michael Montalbano of Blank Rome LLP successfully defended his client's $45 billion U.S. Department of Energy contract at the Court of Federal Claims and fought back against a protester's attempt to unravel a Spanish client's naval contract awards at the Federal Circuit, earning him a spot among the government contracts law practitioners under age 40 honored by Law360 as Rising Stars.
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August 06, 2025
Flint Will Pay $225K To End Ex-Fire Chief's Firing Suit
The city of Flint has reached a $225,000 settlement with a former fire chief who has alleged he was fired for refusing to claw back his public recommendation to terminate firefighters for their alleged racist misconduct at a house fire, and the city council is poised to review the agreement at its August meeting.
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August 06, 2025
LA Seeks To Nix Attys In Ex-Cop's Military Leave Bias Suit
Attorneys for a former Los Angeles Police Department lieutenant improperly obtained and tried to use a privileged email between a city attorney and a current LAPD lieutenant in a military bias suit, the city said, urging a California federal court to disqualify them from the case.
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August 05, 2025
Wash. Judge Questions Injunctions' Scope In Head Start Case
A Washington federal judge asked attorneys Tuesday to explain how the U.S. Supreme Court's decision concerning nationwide injunctions might impact efforts by a group of Head Start associations to halt federal directives restricting noncitizen access to the program and use of funds for diversity initiatives.
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August 05, 2025
5th Circ. Wipes Out Honeywell Win In Worker's Vaccine Fight
The Fifth Circuit on Tuesday resurrected a former Honeywell employee's suit claiming he was fired for refusing to get the COVID-19 vaccine after his request for a religious exemption was denied, ruling that a jury could indeed determine that the worker faced religious discrimination.
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August 05, 2025
GAO Denies Co.'s Protest Of $49M IRS Task Order
The U.S. Government Accountability Office denied a Virginia company's protest of a $49 million task order issued by the U.S. Department of the Treasury for information technology services support, saying it was not competitively prejudiced during the procurement process.
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August 05, 2025
Ex-ComEd Lobbyist Gets 1 Year For Masking Madigan Bribes
A former lobbyist for Commonwealth Edison was sentenced to a year and a day in prison Tuesday for allowing his lobbying firm to serve as a pass-through for the utility to pay associates of ex-Illinois House Speaker Michael Madigan for little to no work, as it sought his support for favorable energy legislation.
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August 05, 2025
Gov't Owed $559K For Delayed Hurricane Protection Project
The Armed Services Board of Contract Appeals said a Louisiana construction company can't get out of paying the federal government more than $559,000 in liquidated damages for failing to meet the completion date for a hurricane protection project by 264 days.
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August 05, 2025
Rising Star: Hogan Lovells' Christine Reynolds
Hogan Lovells' Christine Reynolds' work on high-stakes bid protests, including one with a tight turnaround time that challenged a NASA award worth about $1 billion, has earned her a spot among the government contracts attorneys under 40 honored by Law360 as Rising Stars.
Expert Analysis
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Series
Adapting To Private Practice: From DOJ Leadership To BigLaw
The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.
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Law Firm Executive Orders Create A Legal Ethics Minefield
Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.
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Contractor Remedies Amid Overhaul Of Federal Spending
Now that the period for federal agencies to review their spending has ended, companies holding procurement contracts or grants should evaluate whether their agreements align with administration policies and get a plan ready to implement if their contracts or grants are modified or terminated, say attorneys at DLA Piper.
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Firms Must Embrace Alternative Billing Models Or Fall Behind
As artificial intelligence tools eliminate inefficiencies and the Big Four accounting firms enter the legal market, law firms that pivot from the entrenched billable hour model to outcomes-based pricing will see a distinct competitive advantage, says attorney William Brewer.
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Contract Disputes Recap: Terminations Galore
Attorneys at Seyfarth examine three recent decisions in which the Civilian Board of Contract Appeals and the Armed Services Board of Contract Appeals provide valuable insights into contract terminations, modifications and the jurisdictional requirements for claims.
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How Attorneys Can Master The Art Of On-Camera Presence
As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.
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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.