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Government Contracts
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March 18, 2024
Philly Nonprofit Execs Lived Large On Co. Money, Jury Told
Jurors should not believe arguments from two nonprofit executives who are former associates of City Councilman Kenyatta Johnson who said they simply made bookkeeping mistakes and didn't concoct an alleged scheme to spend company money on things like huge bonuses, lavish vacations and bribing a Milwaukee school official, federal prosecutors said Monday.
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March 18, 2024
Claims Court Won't Let Army Out Of Contract Breach Claims Yet
A U.S. Court of Federal Claims judge ruled that a clause in a U.S. Army training service deal allowed it to end a contractor's deal but said he couldn't yet rule on claims the Army breached the deal by not making full payments.
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March 18, 2024
Feds Call $45B Nuclear Deal Appeal Moot After New Award
The federal government pressed the Federal Circuit to dismiss a contractor's appeal over registration issues with a $45 billion nuclear waste cleanup contract, arguing Monday the appeal was moot following the U.S. Department of Energy's reissuance of the deal.
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March 18, 2024
The Biggest Trade Secrets Awards In The Last 5 Years
Trade secrets cases are having a moment in the spotlight, thanks to some gargantuan damages awards over the past five years and more flexibility for plaintiffs to argue for what they think they are owed.
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March 18, 2024
Judge Pauses Fla. Tribe's Suit Over Clean Water Act Program
A Florida federal judge on Monday paused a lawsuit brought by the Miccosukee Tribe of Indians alleging the U.S. Environmental Protection Agency improperly granted the state permitting authority under a Clean Water Act program, saying the case could be moot if an order in similar litigation is allowed to stand.
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March 18, 2024
High Court Doubts Feds Coerced Social Media Cos.
A majority of the U.S. Supreme Court appeared unconvinced Monday that the Biden administration violated the First Amendment by working with social media platforms to combat the spread of misinformation, often chiding Louisiana's solicitor general for presenting confusing and overly expansive arguments.
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March 18, 2024
Feds, Tribes, Casinos Face Off Over Trust Land Request
The Interior Department, Detroit-area casinos and two tribes are urging the D.C. Circuit to reject the Sault Ste. Marie Tribe of Chippewa Indians' bid to compel the federal government to take land into trust for a casino venture several hundred miles away from its other trust lands on Michigan's Upper Peninsula.
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March 18, 2024
4th Circ. Preview: Airport Mishap, Inmate Pay Launch March
The Fourth Circuit's spring session will task the court with refereeing a power struggle between Virginia regulators and the authority that runs Washington, D.C.'s airports — stemming from a workplace amputation — and delving into the "honest belief" doctrine's role in a Family Medical Leave Act case.
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March 16, 2024
Up Next At High Court: Gov't Jawboning & Retaliatory Arrests
The U.S. Supreme Court has a packed oral arguments calendar this week that includes disputes over the Biden administration's work with social media companies to combat misinformation, the appropriate evidence standard for bringing retaliatory arrest claims and whether the federal government can object to a consent decree entered into by three states.
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March 15, 2024
'This Is Scary, Boss': Jury Hears Secret Audio In LA RICO Trial
A then-assistant to former Los Angeles City Councilman Jose Huizar secretly recorded his boss as they discussed what to do with a $200,000 cash bribe amid an ongoing FBI probe, according to audio heard Friday by a federal jury considering racketeering and bribery charges against another former city official, Raymond Chan.
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March 15, 2024
Dems Want New Missile Plan Axed If Military Can't Justify Cost
Sen. Elizabeth Warren, D-Mass., and Rep. John Garamendi, D-Calif., suggested the Air Force's new nuclear missile program should be shuttered after it exceeded its expected cost to taxpayers by $36 billion, unless it can justify its relevance to national security.
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March 15, 2024
Ex-Prisoners Partially Settle Prepaid Card Suit For $2.8M
Central National Bank NA and a class of former inmates who were charged fees for using the bank's prepaid debit cards from partner Numi Financial reached a $2.8 million settlement following mediation, but the parties have requested the court stay the case while class counsel investigates Numi's potential insolvency.
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March 15, 2024
Fla. Deal Might Let Illegal Gambling 'Proliferate,' Justices Told
A coalition of South Florida gambling opponents are urging the U.S. Supreme Court to reverse a lower court's determination that a sports betting compact between the Sunshine State and the Seminole Tribe is lawful, arguing that their business and property interests will be negatively affected by the "unprecedented statewide gambling expansion."
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March 15, 2024
Navy Fails To Block Appeal Over Terminated HVAC Task Order
A California construction contractor can go forward appealing the U.S. Navy's decision to terminate a heating, ventilation, and air conditioning task order after the Armed Services Board of Contract Appeals shot down the Navy's contention the appeals board lacked jurisdiction.
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March 15, 2024
Pittsburgh NLRB Office Approves Security Co.'s ULP Deal
A security company will pay more than $286,000 to workers to settle an unfair labor practice charge, the National Labor Relations Board announced Friday, with the NLRB general counsel winning a lost bargaining opportunity remedy.
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March 15, 2024
Military Subcontractor Says Partner Tried To Poach Work
A federal subcontractor tasked with building secure facilities for the Marine Corps hit its own subcontractor with a $7 million lawsuit on Friday, accusing its former partner of deliberately undermining that construction work, in an effort to "steal" related contracts.
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March 15, 2024
Contractor's Single Claim For 2 Lost Trucks Enough, For Now
A contractor didn't need to separate the value of two trucks lost by the U.S. Army to get the military to pay for replacement vehicles, an appeals board said, rejecting the Army's arguments that the contractor should have filed two claims.
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March 15, 2024
Fla. Tribe Urges No Pause In Suit Over State's Water Power
The Miccosukee Tribe of Indians of Florida on Thursday urged a federal judge not to pause its lawsuit against the U.S. Environmental Protection Agency that alleges the state was improperly awarded authority over a Clean Water Act permitting program.
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March 15, 2024
Cannabis Sellers Want $6M Fees Refunded From Mass. Town
A group of cannabis retailers are suing Great Barrington, Massachusetts, saying the town has illegally collected nearly $6 million in community impact fees, despite admitting in writing that the companies have caused virtually no costs to the town.
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March 14, 2024
Ex-LA Official Lied To Feds Immediately In Interview, Jury Told
An FBI agent told a California federal jury on Thursday in former Los Angeles Deputy Mayor Raymond Chan's federal bribery trial that Chan lied to him during a 2018 interview immediately after he was warned that lying to the bureau is a crime.
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March 14, 2024
3D-Gun Info Group Loses Suit Over Publishing Blueprints
The U.S. Court of Federal Claims tossed an open-source gun group's lawsuit alleging the federal government failed to follow a 2018 settlement allowing the group to publish firearm blueprints, rejecting the group's contention that dismissing a final claim would be unfair.
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March 14, 2024
Lawmakers Secure $1.3B For Native American Housing
A record $1.34 billion will go toward Native American housing programs as part of an appropriations package passed by Congress, a $324 million increase over last year's funding.
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March 14, 2024
Feds Say Healthcare Ruling Could Upset Tribal Relationships
The federal government is urging the U.S. Supreme Court to overturn a lower court's ruling that ordered Indian Health Services to reimburse millions in administrative healthcare costs, saying if the two tribes prevail in the litigation, it would upend 35 years of practice between the agency and its contracting tribes.
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March 14, 2024
Axon, Cities Fight Over Producing Material From FTC Case
Axon Enterprise is sparring with municipalities accusing the police equipment maker of monopolizing the Taser and body camera markets, with the local governments pushing for what Axon described as the "premature and improper" production of discovery from the Federal Trade Commission's since-abandoned case.
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March 14, 2024
DOD Contractors Raise Double Jeopardy Issues With Retrial
Two defense contractors asked a New Mexico federal court to bar prosecutors' evidence purportedly relating to a charge of conspiring to win small business contracts, saying the evidence actually relates to fraud charges for which they were already acquitted.
Expert Analysis
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UK Mozambique Ruling Will Have Int'l Ramifications
The recent U.K. Supreme Court judgment in Mozambique v. Privinvest considered for the first time stay proceedings under the Arbitration Act, offering guidance on whether claims are a "matter" within the scope of an arbitration clause, which could become a point of reference for foreign courts in the future, say lawyers at Herbert Smith.
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Maximizing Law Firm Profitability In Uncertain Times
As threats of an economic downturn loom, firms can boost profits by embracing the power of bottom-line management and creating an ecosystem where strategic financial oversight and robust timekeeping practices meet evolved client relations, says Shireen Hilal at Maior Strategic Consulting.
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Steps For Gov't Contractors On The OFCCP's Audit List
Federal contractors on the Office of Federal Contract Compliance Programs' most recent list of firms flagged for potential audit should take certain steps now in light of the agency’s new scheduling letter, which significantly increases the burden and potential risks for contractors, say Andrew Turnbull and Sadé Tidwell at MoFo.
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5th Circ. Ruling Reminds Attys That CBP Can Search Devices
The Fifth Circuit’s recent Malik v. Department of Homeland Security decision adds to the chorus of federal courts holding that border agents don’t need a warrant to search travelers’ electronic devices, so attorneys should consider certain special precautions to secure privileged information when reentering the U.S., says Jennifer Freel at Jackson Walker.
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Avoiding The Ethical Pitfalls Of Crowdfunded Legal Fees
The crowdfunding of legal fees has become increasingly common, providing a new way for people to afford legal services, but attorneys who accept crowdsourced funds must remember several key ethical obligations to mitigate their risks, say Hilary Gerzhoy and Julienne Pasichow at HWG.
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3 Action Items For Contractors Facing A Gov't Shutdown
Federal contractors can help ensure they are well situated to endure a potential government shutdown by reviewing project funding levels and contractual stop-work clauses, and communicating with contracting officers and subcontractors about their respective obligations, says Derek Mullins at Butzel Long.
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What Large Language Models Mean For Document Review
Courts often subject parties using technology assisted review to greater scrutiny than parties conducting linear, manual document review, so parties using large language models for document review should expect even more attention, along with a corresponding need for quality control and validation, say attorneys at Sidley.
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Checking In On How SuperValu Has Altered FCA Litigation
Four months after the U.S. Supreme Court's ruling in U.S. ex rel. Chutte v. SuperValu, the decision's reach may be more limited than initially anticipated, with the expansion of the scienter standard counterbalanced by some potential defense tools for defendants, say Elena Quattrone and Olivia Plinio at Epstein Becker.
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Tossed FIFA Bribery Convictions May Spur New DOJ Offense
After a New York federal court vacated the bribery convictions of two defendants in the U.S. Department of Justice’s sprawling FIFA probe, prosecutors may continue to pursue foreign commercial corruption through other means, albeit with some limitations, say attorneys at Cleary.
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Series
Participating In Living History Makes Me A Better Lawyer
My role as a baron in a living history group, and my work as volunteer corporate counsel for a book series fan association, has provided me several opportunities to practice in unexpected areas of law — opening doors to experiences that have nurtured invaluable personal and professional skills, says Matthew Parker at the Nebraska Department of Health and Human Services.
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Opinion
Private Equity Owners Can Remedy Law Firms' Agency Issues
Nonlawyer, private-equity ownership of law firms can benefit shareholders and others vulnerable to governance issues such as disparate interests, and can in turn help resolve agency problems, says Michael Di Gennaro at The Law Practice Exchange.
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Contract Disputes Recap: Avoid Pleading Errors' Harsh Effects
Zachary Jacobson and Stephanie Magnell at Seyfarth examine three recent cases that illustrate the severe consequences different pleading errors may have on a government contractor's ability to pursue a contract dispute, sometimes forever precluding relief regardless of the merits of a claim.
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Not To Be Outpaced: How The 2024 NDAA Addresses China
Both the House and Senate versions of the 2024 National Defense Authorization Act include numerous provisions aimed at strengthening U.S. deterrence and competitive positioning vis-à-vis China, while imposing significantly more disruptive burdens on government contractors and their suppliers than in prior years, say attorneys at Covington.
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How To Protect Atty-Client Privilege While Using Generative AI
When using generative artificial intelligence tools, attorneys should consider several safeguards to avoid breaches or complications in attorney-client privilege, say Antonious Sadek and Christopher Campbell at DLA Piper.
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How New Lawyers Can Leverage Feedback For Growth
Embracing constructive criticism as a tool for success can help new lawyers accelerate their professional growth and law firms build a culture of continuous improvement, says Katie Aldrich at Fringe Professional Development.