Government Contracts

  • March 05, 2024

    Colo. Judge Mulls Chevron Deference In Tricare Funding Fight

    A Colorado federal judge wondered Tuesday whether the U.S. Supreme Court's anticipated ruling on Chevron deference would affect a children's hospital's challenge to a Defense Department rule about healthcare reimbursements for military patients, asking the parties how she should rule while they wait for the Chevron decision.

  • March 05, 2024

    Utah Sues Feds To Reopen 195 Road Miles In San Rafael Desert

    Utah is suing the U.S. government in a bid to toss a Bureau of Land Management decision to close 195 miles of roads in a San Rafael Desert area known as the Red Rock Wilderness, arguing that the closures don't align with an earlier BLM plan.

  • March 05, 2024

    Fed. Circ. Doubts Whether Atty Fee Suit Has Legs

    The Federal Circuit didn't seem convinced Tuesday morning that a U.S. Court of Federal Claims order overturning an attorney fee award was even ripe for appeal, but by the end of oral arguments, the panel's ire was drawn toward an eleventh-hour challenge to jurisdiction.

  • March 05, 2024

    Claims Court Won't Block Radio Deliveries Bought Under Nixed Deal

    The U.S. Court of Federal Claims refused to block the U.S. Navy from receiving radio management systems development work that was completed before it canceled the underlying contract, saying official actions after the contract's termination were outside its purview.

  • March 05, 2024

    Suncor Says Doubts About Colo. Monitoring Deal 'Misplaced'

    Suncor Energy has urged a Colorado state judge to approve its settlement with Colorado environmental regulators over emissions monitoring around its refinery near Denver, arguing environmental groups have raised vague and "misplaced" concerns about the deal but offered no concrete objections.

  • March 05, 2024

    Look At Settlement, Atty Tells 5th Circ. In Arguing For $1M Cut

    The attorney representing a KBR Inc. whistleblower countered the federal government's assertion that his client should not benefit from a $13.7 million settlement stemming from kickback allegations, telling the Fifth Circuit on Tuesday to look at the deal's terms.

  • March 05, 2024

    FTC Chair Decries PE's Healthcare Impacts As Probe Starts

    Federal Trade Commission Chair Lina Khan on Tuesday lamented what she deemed the "financialization" of healthcare resulting from private equity buyouts, in remarks coinciding with the launch of a multijurisdictional request for public comment on PE and other companies' growing control over the healthcare system.

  • March 05, 2024

    DocGo Hit With Investor Suit Over 'Limitless' Charter Clause

    A mobile-healthcare company under scrutiny after being awarded a $432 million contract to provide services for migrants in New York City has been hit with a stockholder suit in Delaware's Court of Chancery alleging that the company's charter contains "broad and limitless" provisions that run afoul of state corporate law.

  • March 05, 2024

    Feds Say Neb. Tribe's Suit Over Debt Collections Is Untimely

    The U.S. government is asking a Nebraska federal judge to dismiss a time-barred Santee Sioux Nation suit claiming the government has repeatedly tried to collect on an already paid debt related to the depreciation costs of a health and wellness center built 15 years ago.

  • March 04, 2024

    Puerto Rico Fiscal Board Argues For Utility Reorg Plan

    Puerto Rico's fiscal oversight board told a federal judge on Monday that it had the only plan to save the island's troubled electric utility, while bondholders claimed the board had created the plan specifically to shortchange them.

  • March 04, 2024

    9th Circ. Rejects Abstention In Calif. Pot Permit Law Challenge

    A Ninth Circuit panel on Monday reversed and remanded a district court's decision to abstain from a challenge to Sacramento's social equity cannabis licensure program, saying even if a state court clarified the program's unambiguous residency requirements, it wouldn't change the outcome of the plaintiff's federal commerce clause claim.

  • March 04, 2024

    ICE Could Have Acted On $14M Deal Protest Sooner, Judge Says

    A U.S. Court of Federal Claims judge tossed a lawsuit protesting a $14.5 million U.S. Immigration and Customs Enforcement body armor deal, but not without chiding the agency for failing to address a purported conflict of interest earlier on in the dispute.

  • March 04, 2024

    What To Know About 9th Circ. Ruling On Tribe's Sacred Site

    A split Ninth Circuit ruling that a sacred tribal site in Arizona's Tonto National Forest can be transferred to a copper mining company is certain to be appealed to the U.S. Supreme Court by the San Carlos Apache Tribe, which contends that the decision effectively bulldozes a long-held worship site and ultimately denies the tribe's freedom of religious expression, despite the panel's skepticism of that claim.

  • March 04, 2024

    Hospital Operator Pushes For Ch. 11 Plan Confirmation

    California-based hospital operator Alecto Healthcare Services LLC defended its Chapter 11 plan proposal Monday in Delaware bankruptcy court, saying opposition from creditors is based on a faulty belief that there are valuable claims that can be asserted for the benefit of creditors.

  • March 04, 2024

    Feds' Lack Of Payments Hampers Services, Tribal Groups Say

    The National Congress of American Indians and tribes are urging the U.S. Supreme Court to uphold lower court rulings ordering the federal government to reimburse the San Carlos Apache and Northern Arapaho tribes for millions of dollars in administrative costs related to their delivery of health programs.

  • March 04, 2024

    Appeal Of $20.5M Terminated Deal Too Late, Says Fed. Circ.

    The Federal Circuit on Monday declined to revive a construction company's untimely challenge over the termination of a $20.5 million National Guard contract, saying the company had enough information to be aware of the deadline to appeal.

  • March 04, 2024

    Pentagon Leaker Faces Lengthy Prison Term After Plea

    Jack Teixeira, the 22-year-old Massachusetts Air National Guardsman charged with one of the most significant military intelligence leaks in U.S. history, is facing more than a decade in prison after pleading guilty Monday to multiple violations of the Espionage Act.

  • March 01, 2024

    Wash. Judge Doubts Public Was Shut Out Of Shelter Plan

    A Washington state appellate judge on Friday asked opponents of a plan to turn a hotel near Seattle into a shelter for homeless people why a pair of community meetings weren't enough to meet King County's obligation to listen to public feedback. 

  • March 01, 2024

    Microsoft Escapes SAIC's Night-Vision Goggle Patent Suit

    A U.S. Court of Federal Claims judge has found that Microsoft Corp. didn't infringe a Science Applications International Corp. patent in a suit accusing the federal government of contracting with Microsoft and L3 Technologies Inc. for night-vision goggle weapon systems with infringing displays, but the judge also denied bids to find the patent invalid.

  • March 01, 2024

    Wash. Seeks Injunction To Force GEO ICE Prison Inspections

    The Washington state labor and health departments have urged a Washington federal judge to compel GEO Group to let inspectors inside a Seattle-area immigrant detention facility, saying the private prison giant will otherwise continue to block entry and keep regulators from investigating complaints about unsafe and unsanitary conditions.

  • March 01, 2024

    Joint Venture Wins $45B DOE Nuclear Deal Again After Protest

    The U.S. Department of Energy has again awarded a $45 billion nuclear waste management contract to a BWXT, Fluor and Amentum joint venture, after a previous award to the company was vacated over its failure to follow a federal registration requirement.

  • March 01, 2024

    Construction Co. Loses $492M Corps Deal Protest

    The Court of Federal Claims has shot down a construction company's contention that the Army Corps of Engineers awarded a $492.3 million cutoff wall project deal despite the awardee having a deficient subcontractor commitment letter, saying the letter wasn't needed.

  • March 01, 2024

    Ex-Raytheon Worker Asks Full 5th Circ. To Revive Firing Suit

    An ex-Raytheon engineer pressed the full Fifth Circuit to reconsider a panel decision blocking claims that he was fired for reporting concerns with a naval system, saying the panel wrongly expanded a national security court review bar to government contractors.

  • March 01, 2024

    Gov't Wants Spectrum Fraud Case Against Dish Dismissed

    The Justice Department has decided to intervene in a suit accusing Dish Network of using sham companies to buy spectrum from the Federal Communications Commission at a $3.3 billion discount, but not to take over litigation of the matter — it wants to end the whole thing.

  • March 01, 2024

    Ky. Sees $74M Boost For Abandoned Mine Cleanup Work

    The U.S. Department of the Interior said it is awarding Kentucky another $74 million in funding to help the state address dangerous and polluting abandoned mines.

Expert Analysis

  • Why Justices' SuperValu Ruling Wasn't Quite A 'Seismic Shift'

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    Notwithstanding an early victory lap by the relators' bar, the U.S. Supreme Court’s decision in U.S. v. SuperValu Inc. was a win for both whistleblowers and sophisticated companies, but unfortunately left “subjective belief” to be interpreted by lower courts and future litigants, say attorneys at Baker Donelson.

  • Gov't Contractors Should Prep For Increased AI Scrutiny

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    As the U.S. Department of Defense considers how artificial intelligence development can be helpful or harmful to U.S. national defense, government contractors and industry actors can prepare for emerging guidance and requirements by looking at lessons learned from prior cybersecurity measures, say attorneys at Wiley.

  • Courts Can Overturn Deficient State Regulations, Too

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    While suits challenging federal regulations have become commonplace, such cases against state agencies are virtually nonexistent, but many states have provisions that allow litigants to bring suit for regulations with inadequate cost-benefit analyses, says Reeve Bull at the Virginia Office of Regulatory Management.

  • Tales From The Trenches Of Remote Depositions

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    As practitioners continue to conduct depositions remotely in the post-pandemic world, these virtual environments are rife with opportunities for improper behavior such as witness coaching, scripted testimony and a general lack of civility — but there are methods to prevent and combat these behaviors, say Jennifer Gibbs and Bennett Moss at Zelle.

  • A Midyear Review Of EEOC's Gender-Related Priorities

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    The U.S. Equal Employment Opportunity Commission’s 2023-2027 strategic enforcement plan focuses on various gender-related issues such as the enactment of pregnancy discrimination and pay transparency laws, and now, more than halfway through the fiscal year, the EEOC's enforcement of such laws is set to surpass previous years, say attorneys at Proskauer.

  • Tide May Be Turning On Texas Two-Step Bankruptcy Strategy

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    Recent developments in several high-profile bankruptcy cases suggest that the use of the Texas Two-Step to shield solvent companies from tort claims may be falling out of favor, but until the U.S. Supreme Court hears one of these cases the strategy will remain divisive and the subject of increased scrutiny, say attorneys at Rivkin Radler.

  • Bid Protest Spotlight: Errors, Experience, Corrective Action

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    In this month's bid protest spotlight, Krista Nunez at MoFo looks at three recent decisions from the U.S. Court of Federal Claims and the U.S. Government Accountability Office considering the resolution of proposal inconsistencies through clarifications, the importance of reading solicitations in full and the scope of an agency’s corrective action.

  • Level Up Lawyers' Business Development With Gamification

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    With employee engagement at a 10-year low in the U.S., there are several gamification techniques marketing and business development teams at law firms can use to make generating new clients and matters more appealing to lawyers, says Heather McCullough at Society 54.

  • Mallory Ruling Leaves Personal Jurisdiction Deeply Unsettled

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    In Mallory v. Norfolk Southern Railway, a closely divided U.S. Supreme Court recently rolled back key aspects of its 2017 opinion in Daimler AG v. Bauman that limited personal jurisdiction, leaving as many questions for businesses as it answers, say John Cerreta and James Rotondo at Day Pitney.

  • 5 Ways Firms Can Rethink Office Design In A Hybrid World

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    As workplaces across the country adapt to flexible work, law firms must prioritize individuality, amenities and technology in office design, says Kristin Cerutti at Nelson Worldwide.

  • Opinion

    Bar Score Is Best Hiring Metric Post-Affirmative Action

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    After the U.S. Supreme Court's ruling striking down affirmative action admissions policies, law firms looking to foster diversity in hiring should view an applicant's Multistate Bar Examination score as the best metric of legal ability — over law school name or GPA, says attorney Alice Griffin.

  • Joint Ventures Given More Edge In Set-Aside Contract Awards

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    The recent Court of Federal Claims decision in SH Synergy prompted the General Services Administration to remold proposal evaluation schemes to favor mentor-protégé joint ventures, a business structure that has taken over the world of set-aside governmentwide acquisition contracts, say Roger Abbott and Stephen Ramaley at Miles & Stockbridge.

  • Ghosting In BigLaw: How To Come Back From Lack Of Feedback

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    Junior associates can feel powerless when senior colleagues cut off contact instead of providing useful feedback, but young attorneys can get back on track by focusing on practical professional development and reexamining their career priorities, says Rachel Patterson at Orrick.

  • Post-Ciminelli Predictions On Right-To-Control Convictions

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    The recent Second Circuit filings in Binday suggest that the government will fight to preserve its right-to-control convictions in the wake of the U.S. Supreme Court's Ciminelli decision, and offer clues about key issues that will drive post-Ciminelli litigation, say attorneys at Debevoise.

  • Steps To Success For Senior Associates

    Excerpt from Practical Guidance
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    Adriana Paris at Rissman Barrett discusses the increased responsibilities and opportunities that becoming a senior associate brings and what attorneys in this role should prioritize to flourish in this stressful but rewarding next level in their careers.

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