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Government Contracts
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May 22, 2025
Judge Asks If DEI Is Now 'Homogeneity, Inequity And Exclusion'
A Massachusetts federal judge considering a challenge to the Trump administration's cuts to hundreds of National Institutes of Health grants pressed the U.S. Department of Justice on Thursday for its definition of diversity, equity and inclusion, at one point asking hypothetically whether the government's policy is now "homogeneity, inequity and exclusion."
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May 22, 2025
Nuclear Power Co. Dodges Suit Over Contract Disclosures
Nuclear power company NuScale Power Corp. and its top brass have escaped, for now, a proposed investor class action alleging the company failed to disclose certain issues affecting two purportedly lucrative contracts it touted to shareholders, including one tied to crypto mining, with an Oregon federal judge finding the investors failed to plead any actionable misleading statements, among other things.
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May 22, 2025
Boies Schiller Stays In Row Of Mass Tort Firms, Ex-Counsel
Boies Schiller Flexner LLP was unable to convince a federal court that it does not belong in a suit between pharmaceutical mass tort firms and their former counsel, with a Miami federal judge on Thursday remanding the suit back to state court after finding allegations against Boies Schiller are viable.
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May 22, 2025
Contractor Settles DOJ's Aircraft Adhesive FCA Allegations
A federal contractor paid to make an external pod to carry communications equipment on military aircraft agreed to pay $512,000 to resolve allegations that it misrepresented or omitted important information regarding the adhesive used in a prototype as well as the testing procedures used on that prototype.
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May 22, 2025
High Court Declines To Narrow Reach Of Federal Fraud Law
The U.S. Supreme Court on Thursday held that using deceptive means to induce a business transaction may still be a crime even if the defendant doesn't seek to cause economic loss, a departure from earlier decisions that have narrowed the scope of federal fraud statutes.
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May 21, 2025
Judge Prolongs Pause On Trump's HUD, DOT Grant DEI Limits
A Washington federal judge Wednesday extended a block on federal grant conditions limiting homelessness aid and transportation funding to recipients who align with the Trump administration's policies against diversity and inclusion programming, as nearly two dozen localities joined New York, San Francisco and others challenging the terms.
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May 21, 2025
Judge Mulls National Scope Of Bid To Restore COVID Grants
A Washington, D.C., federal judge Wednesday mulled whether it would be appropriate to issue a nationwide injunction blocking the termination of $11 billion public health grants set aside under COVID-era laws in a lawsuit brought by four local governments and a public sector union.
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May 21, 2025
American Tells United To Butt Out Of O'Hare Gate Dispute
American Airlines has urged an Illinois federal court to not allow rival carrier United to intervene in its lawsuit alleging the city of Chicago breached its contract with the airline by reassigning gate space at O'Hare International Airport, arguing its competitor has no right to wade into a case concerning "a lease to which it is not a party and which grants it no rights or benefits."
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May 21, 2025
Court Won't Revive Mental Health Class Suit Against Fla. Blue
A Florida appeals court Wednesday declined to revive a proposed class suit by state employees enrolled in a Blue Cross and Blue Shield of Florida healthcare plan alleging the insurer designed a claims process to obstruct approval and payment of claims for mental health care.
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May 21, 2025
School Shooting Victims' Suits Tossed After 6th Circ. Ruling
Lawsuits brought by the families of students who were killed in or affected by the 2021 shooting at an Oxford, Michigan, high school have been dismissed by a federal judge, a few months after the Sixth Circuit determined the school leaders' actions or inactions the morning of the shooting did not increase students' risk of harm.
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May 21, 2025
Ky. Judge Nixes Treasury's Bid To End Labor Contracts
The U.S. Department of the Treasury lacks standing to seek an order allowing it to lawfully terminate its labor contracts with a federal employee union, a Kentucky federal judge ruled, finding the agency's alleged harm is based on speculation about the potential consequences of enforcing an executive order.
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May 21, 2025
DOGE Seeks High Court's Help In Ducking FOIA Discovery
The Department of Government Efficiency asked the U.S. Supreme Court on Wednesday to halt discovery into whether it's an agency subject to Freedom of Information Act requests, arguing a Washington, D.C., federal judge has improperly authorized a "fishing expedition" into the internal workings of a presidential advisory entity.
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May 21, 2025
Untimely Protest Dooms Challenge To VA Deal, GAO Says
A North Carolina company missed the window to challenge a U.S. Department of Veterans Affairs contract award, in part by waiting for a response to an email stating the department's computer server rejected its quotation, the U.S. Government Accountability Office said.
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May 21, 2025
Lighting Biz Will Pay $300K For Providing Chinese Goods
A Connecticut lighting company and its owner have reached a $300,000 settlement with the U.S. Department of Justice to resolve allegations it sold Chinese-made products to several government agencies in violation of the Buy American Act and the Trade Agreements Act.
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May 20, 2025
Judge Questions Bank's Role In Jail Debit Card Fee Dispute
A federal magistrate judge in Washington state signaled Tuesday she might advance a debit card fee class action against a Missouri bank to trial, suggesting there's still a factual dispute as to whether the prepaid cards were forced on people trying to regain access to their money after being released from correctional facilities.
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May 20, 2025
GAO Tells Congress New Court Design Guide Drives Up Costs
The Government Accountability Office's director of physical infrastructure testified Tuesday that the judiciary is working to address its October report finding that the U.S. Courts' updated design guide will significantly increase the size and cost of future courthouse projects.
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May 20, 2025
Medical Organizations Sue Feds For Removing Health Data
The U.S. Department of Health and Human Services and several constituent agencies are accused of violating the Administrative Procedure Act by illegally purging websites containing critical public health information related to trans and HIV care, vaccines and the prevention of outbreaks of communicable diseases, according to a lawsuit filed Tuesday in Washington federal court.
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May 20, 2025
Moderna Says Order To Narrow Vax IP Case Should Stay
Moderna has said that a federal judge should ignore a rival mRNA developer's request to rethink his decision limiting issues in a patent suit over the company's COVID-19 vaccines, saying the rival is trying to make new arguments too late.
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May 20, 2025
Gov't Says Unions Too Slow In Calling For Halt Of Restructure
President Donald Trump called for a California federal judge to tank an injunction bid from unions and advocacy groups about his executive order instructing agencies to plan for reductions in force, arguing the request was delayed and the district court lacks jurisdiction.
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May 20, 2025
Injunction On Trump Order Limited To Perkins, Judge Clarifies
A D.C. federal judge on Tuesday clarified the scope of her injunction blocking President Donald Trump's executive order targeting Perkins Coie LLP, explaining that her ruling prohibits the president from directing government agencies to investigate only Perkins Coie's employment practices and not the other BigLaw firms.
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May 20, 2025
NJ Justices Take Up Bond Marketing Suit Against Big Banks
The New Jersey Supreme Court will review a lower appellate court's ruling in favor of JPMorgan Chase & Co., Citigroup Inc., Wells Fargo and other big banks in a lawsuit accusing them of a scheme to inflate the interest rates of certain bonds, according to an order list the justices released Tuesday.
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May 20, 2025
Sales Exec Admits Role In $70M Brain Scan Kickback Scheme
A former operations and regional sales manager for a mobile medical diagnostic company has agreed to plead guilty to taking part in a $70.6 million conspiracy to pay kickbacks to doctors who ordered unnecessary brain scans, Massachusetts federal prosecutors announced Tuesday.
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May 20, 2025
Unions Eye Nix Of NJ Transit Suit Over Picket Line
Two unions sued by NJ Transit over their refusal to cross the picket line in the now-resolved rail strike told a New Jersey federal court that since their members have returned to work, the case is now moot.
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May 20, 2025
GAO Urges Audit Agency To Assess Public Accountant Plans
The Defense Contract Audit Agency should formally assess its future plans for a program that has independent public accountants performing some of the cost audits needed to close out certain defense contracts, the U.S. Government Accountability Office said in a report released Monday.
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May 20, 2025
State AGs Back NJ Judicial Privacy Law At 3rd Circ.
Most states' attorneys general, along with law enforcement organizations and a data privacy group, have encouraged the Third Circuit to uphold a New Jersey judicial privacy measure, saying states have sovereignty to enact such laws in a time of increased threats against judges.
Expert Analysis
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Series
Law School's Missed Lessons: Preparing For Corporate Work
Law school often doesn't cover the business strategy, financial fluency and negotiation skills needed for a successful corporate or transactional law practice, but there are practical ways to gain relevant experience and achieve the mindset shifts critical to a thriving career in this space, says Dakota Forsyth at Olshan Frome.
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Gov't Contractor Strategies For Getting Paid Amid Uncertainty
Mass agency personnel reductions and widespread contract terminations have introduced significant uncertainty into the federal market environment, but several legal and procedural mechanisms remain available to contractors to vindicate their contractual rights, say attorneys at Wiley.
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A Cold War-Era History Lesson On Due Process
The landmark Harry Bridges case from the mid-20th century Red Scare offers important insights on why lawyers must be free of government reprisal, no matter who their client is, says Peter Afrasiabi at One LLP.
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Series
Improv Makes Me A Better Lawyer
Improv keeps me grounded and connected to what matters most, including in my legal career where it has helped me to maintain a balance between being analytical, precise and professional, and creative, authentic and open-minded, says Justine Gottshall at InfoLawGroup.
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How BigLaw Executive Orders May Affect Smaller Firms
Because of the types of cases they take on, solo practitioners, small law firms and public interest attorneys may find themselves more dramatically affected by the collective impact of recent government action involving the legal industry than even the BigLaw firms named in the executive orders, says Reuben Guttman at Guttman Buschner.
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5 Tools To Help Existing Gov't Contracts Manage Tariff Costs
Five pointers can help government contractors scrutinize their existing contracts for protections like equitable adjustment and duty-free entry clauses, which may help insulate them from tariff-related cost increases, say attorneys at Covington.
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4th Circ. Health Data Ruling Opens Door To State Law Claims
In Real Time Medical v. PointClickCare, the Fourth Circuit recently clarified that state law claims can rest in part on violations of a federal law that prohibits electronic health information blocking, expanding legal risks for health IT companies and potentially creating exposure to a range of competitive implications, say attorneys at BCLP.
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Opinion
Lawsuits Shouldn't Be Shadow Assets For Foreign Capital
Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.
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How To Accelerate Your Post-Attorney Career Transition
Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.
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Tariffs And FCA Create Perfect Storm For Importers
The Trump administration's aggressive tariff policies pose a high risk to certain importation practices that are particularly likely to trigger False Claims Act enforcement, say attorneys at Jeffer Mangels.
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Series
Law School's Missed Lessons: Be An Indispensable Associate
While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.
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Series
Birding Makes Me A Better Lawyer
Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.
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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.