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Government Contracts
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December 05, 2025
Energy Dept. Defends $7.5B Grant Cuts In Political Bias Case
The U.S. Department of Energy has urged a federal judge in Washington not to block its termination of energy project grants worth more than $7.5 billion, arguing there is no merit to claims alleging the federal government unconstitutionally targeted funds for Democratic-leaning states.
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December 05, 2025
Panel Says NJ County Illegally Awarded $13.5M Jail Contract
A New Jersey county violated the state's public contracts law when it awarded a $13.5 million contract to provide medical care and other services at a county jail, a state appeals court has ruled, backing a determination from the Office of the State Comptroller.
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December 05, 2025
2nd Circ. Backs Ex-Goldman Exec's 1MDB Conviction
Former Goldman Sachs managing director Roger Ng's attempt to overturn his conviction in the $6.5 billion 1MDB corruption scheme hit a wall Friday at the Second Circuit, where a panel categorically rejected his multipronged appeal.
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December 04, 2025
Wheeling & Appealing: The Latest Must-Know Appellate Action
Is the False Claims Act constitutional? Will Mark Zuckerberg be deposed in high-profile privacy litigation? Did a major drugmaker's shenanigans cost investors nearly $7 billion? That's a small sample of the intriguing legal questions we're exploring in this preview of December's top appellate action.
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December 04, 2025
Colo. Sheriff Lt. Says Jury Should Hear Expert Gun Testimony
A Colorado county sheriff's department lieutenant suing Sig Sauer Inc. over an injury involving a pistol told a federal judge that a jury should be able to determine the credibility of an expert witness the gun manufacturer says should not be allowed to testify.
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December 04, 2025
Judge Says IT Co. Ignored Standing Burden In Protest
A Court of Federal Claims judge rejected a Washington, D.C., company's preaward protest over scoring provisions for a major governmentwide acquisition for information technology services, ruling that it fell woefully short in demonstrating standing.
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December 04, 2025
Roofer Faulted For Taking Too Long To Tell VA Of Bid Error
The Civilian Board of Contract Appeals has upheld the U.S. Department of Veterans Affairs' decision to terminate a roofing contract, finding that the contractor waited too long to report that it inadvertently underquoted the project by $257,500.
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December 04, 2025
Fla. High Court Backs University Control Over Nonprofit
The Florida Supreme Court on Thursday ruled that a university can control a research nonprofit's budget and approve its board members, saying a state law doesn't impair a memorandum of understanding between the two parties.
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December 04, 2025
School Privacy Waiver Case Belongs In State Court, Mich. Says
Michigan's top education official has urged a federal judge to let a state court decide the constitutionality of a funding package requiring schools to give up certain privacy rights to receive critical funding, while school leaders challenging the waiver are asking the federal court to block it from going into effect.
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December 03, 2025
Oak View CEO Pardoned 5 Months After Bid-Rigging Charge
President Donald Trump has pardoned former Oak View Group CEO Tim Leiweke just five months after the U.S. Department of Justice charged him with rigging a bid to build and operate the Moody Center arena on the University of Texas at Austin campus.
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December 03, 2025
Chats Show Ex-NY Gov Aide Was Tight With Chinese Officials
Jurors weighing the fate of a former aide to two New York governors have seen a raft of chats and other documents over several days that the feds say support their case alleging she violated the Foreign Agents Registration Act, including communications that seem to suggest she had a close working relationship with several Chinese government officials.
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December 03, 2025
Fed. Circ. Wary Of Toughening Override Of CICA Stays
The Federal Circuit expressed doubt on Wednesday at the federal government's argument that judges should use a heightened standard of review when considering an agency's decision to override an automatic pause on contract performance during a bid protest.
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December 03, 2025
SIGAR Says $26B Lost To Waste, Fraud And Abuse In Afghanistan
An independent watchdog overseeing the U.S.' reconstruction efforts in Afghanistan found that of roughly $145 billion spent between 2002 and the Afghan government's collapse in 2021, there was at least $26 billion in waste, fraud and abuse.
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December 03, 2025
Wash. Defends Law Limiting Immigrants Working In Jails
Washington state urged a federal judge to deny King County's attempt to block a law that imposes citizenship and immigration status requirements for local government corrections officers, arguing that it passes legal muster and may soon change anyway.
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December 03, 2025
Enviro Advocates' Challenge To Forest Service Rule Tossed
A Virginia federal judge on Wednesday tossed conservation groups' challenge to a U.S. Forest Service rule that allows some projects to avoid more extensive environmental review, saying the organizations failed to prove an "imminent" injury.
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December 03, 2025
Ga. Must Continue Care For Trans Prisoners, Judge Orders
A Georgia federal judge ordered the state's corrections system Wednesday to continue providing hormone therapy to transgender prisoners, entering a permanent injunction that partially blocks a 2025 law stripping prisons of funding for gender-affirming healthcare.
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December 03, 2025
Flint Water Case Judge Not Convinced EPA Hid Witnesses
A Michigan federal judge on Wednesday wasn't convinced that Flint residents seeking damages from the U.S. Environmental Protection Agency over its response to the city's water crisis could yet show the agency intentionally failed to catalog identities of confidential informants the residents want to depose.
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December 03, 2025
GAO Says Small Biz Eligibility Decisions Out Of Its Hands
The U.S. Government Accountability Office dismissed an engineering firm's protest over being excluded from consideration for a Department of Energy contract, saying it lacks the authority to review a determination that the firm is not a qualifying small business.
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December 03, 2025
NJ Seeks $195M Fee Award In $2.5B DuPont PFAS Case
New Jersey asked a Garden State federal judge this week to approve $195 million in attorney fees to its special counsel team of four firms whose six years of litigation work resulted in two landmark settlements that serve to clean up some of the state's most contaminated sites.
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December 03, 2025
Fed. Circ. Pushes DC Circ. Not To Rethink Newman Decision
The Federal Circuit has urged the D.C. Circuit to ignore Federal Circuit Judge Pauline Newman's request to rehear a decision upholding the dismissal of her suit against the colleagues who suspended her, saying the judiciary has the right to police its own internal matters.
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December 02, 2025
States Hit Abbott With FCA Suit Over Infant Formula Recall
Seven states, including California, Michigan and New York, on Monday intervened in a False Claims Act suit brought by the federal government against Abbott Laboratories over the 2022 infant formula crisis seeking to recoup funds spent on the tainted baby food.
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December 02, 2025
Judge Blocks Planned Parenthood Funding Cut In 22 States
A Massachusetts federal judge Tuesday stopped the Trump administration from halting Medicaid reimbursements to Planned Parenthood clinics in 22 states, ruling the funding cutoff likely violated requirements to warn the states ahead of time about the change.
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December 02, 2025
DOJ Tells Justices Duke Must Face 'Holistic' Antitrust Case
The Trump administration weighed in Monday on Duke Energy's bid to duck a rival's claims accusing the power giant of squeezing it out of the North Carolina market, telling the U.S. Supreme Court that the Fourth Circuit rightly revived the allegations by refusing to view them only "in isolation."
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December 02, 2025
Defamation Litigation Roundup: FDA, Lively, Alexander Bros.
In this month's review of defamation fights, Law360 highlights a pharmaceutical company's suit against a former U.S. Food and Drug Administration official, as well as the latest decision siding against President Donald Trump in his fights with media companies.
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December 02, 2025
Breast Pump Co. To Pay $1M For Alleged Tricare Overbilling
The U.S. Attorney's Office for the Eastern District of Pennsylvania reached a $1 million settlement with a breast pump company and its owner, resolving allegations that they submitted false claims for reimbursement for service members and their families.
Expert Analysis
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Series
Building With Lego Makes Me A Better Lawyer
Building with Lego has taught me to follow directions and adapt to unexpected challenges, and in pairing discipline with imagination, allows me to stay grounded while finding new ways to make complex deals come together, says Paul Levin at Venable.
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Series
Law School's Missed Lessons: Networking 101
Cultivating a network isn't part of the law school curriculum, but learning the soft skills needed to do so may be the key to establishing a solid professional reputation, nurturing client relationships and building business, says Sharon Crane at Practising Law Institute.
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Defeating Estoppel-Based Claims In Legal Malpractice Actions
State supreme court cases from recent years have addressed whether positions taken by attorneys in an underlying lawsuit can be used against them in a subsequent legal malpractice action, providing a foundation to defeat ex-clients’ estoppel claims, says Christopher Blazejewski at Sherin and Lodgen.
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Series
The Biz Court Digest: How It Works In Massachusetts
Since its founding in 2000, the Massachusetts Business Litigation Session's expertise, procedural flexibility and litigant-friendly case management practices have contributed to the development of a robust body of commercial jurisprudence, say James Donnelly at Mirick O’Connell, Felicia Ellsworth at WilmerHale and Lisa Wood at Foley Hoag.
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Why Appellees Should Write Their Answering Brief First
Though counterintuitive, appellees should consider writing their answering briefs before they’ve ever seen their opponent’s opening brief, as this practice confers numerous benefits related to argument structure, time pressures and workflow, says Joshua Sohn at the U.S. Department of Justice.
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Federal Acquisition Rules Get Measured Makeover
The Trump administration's promised overhaul of the Federal Acquisition Regulation is not a revolution in rules, but a meaningful recalibration of procurement practice that gives contracting officers more space to think, to tailor and to try, say attorneys at Mayer Brown.
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Series
Mindfulness Meditation Makes Me A Better Lawyer
Mindful meditation enables me to drop the ego, and in helping me to keep sight of what’s important, permits me to learn from the other side and become a reliable counselor, says Roy Wyman at Bass Berry.
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Lessons From 7th Circ. Decision Affirming $183M FCA Verdict
The Seventh Circuit's decision to uphold a $183 million False Claims Act award against Eli Lilly engages substantively with recurring materiality and scienter questions and provides insights into appellate review of complex trial court judgments, say Ellen London at London & Naor, Li Yu at Bernstein Litowitz and Kimberly Friday at Osborn Maledon.
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AI Litigation Tools Can Enhance Case Assessment, Strategy
Civil litigators can use artificial intelligence tools to strengthen case assessment and aid in early strategy development, as long as they address the risks and ethical considerations that accompany these uses, say attorneys at Barnes & Thornburg.
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Attys Beware: Generative AI Can Also Hallucinate Metadata
In addition to the well-known problem of AI-generated hallucinations in legal documents, AI tools can also hallucinate metadata — threatening the integrity of discovery, the reliability of evidence and the ability to definitively identify the provenance of electronic documents, say attorneys at Law & Forensics.
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When Atty Ethics Violations Give Rise To Causes Of Action
Though the Model Rules of Professional Conduct make clear that a violation of the rules does not automatically create a cause of action, attorneys should beware of a few scenarios in which they could face lawsuits for ethical lapses, says Brian Faughnan at Faughnan Law.
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Series
Practicing Stoicism Makes Me A Better Lawyer
Practicing Stoicism, by applying reason to ignore my emotions and govern my decisions, has enabled me to approach challenging situations in a structured way, ultimately providing advice singularly devoted to a client's interest, says John Baranello at Moses & Singer.
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Series
The Biz Court Digest: Texas, One Year In
A year after the Texas Business Court's first decision, it's clear that Texas didn't just copy Delaware and instead built something uniquely its own, combining specialization with constitutional accountability and creating a model that looks forward without losing touch with the state's democratic and statutory roots, says Chris Bankler at Jackson Walker.
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Contract Disputes Recap: Formation, Performance, Certainty
Three recent decisions offer helpful takeaways about addressing potential obstacles to contract formation, liability for specific performance and requirements for claiming a sum certain, says Ken Kanzawa at Seyfarth Shaw.
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Border Czar Bribery Probe Spotlights 'Public Official' Scope
Reports that border czar Tom Homan allegedly accepted cash from a federal agent prior to his appointment raise important questions for government contractors about when a private citizen can be prosecuted as a public official under federal bribery laws, say Gregory Rosen at Rogers Joseph and Jason Manning at Levy Firestone.