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Government Contracts
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June 27, 2025
Contractor Must Face OT Suit Over Fringe Benefits Payments
A federal contractor cannot escape a lawsuit accusing it of failing to include cash in lieu of benefits payments in overtime pay calculations, a California federal judge ruled, saying the firm failed to show that the fringe benefits payments should be exempt from the regular rate of pay.
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June 27, 2025
DC Judge Says Teen Health Projects Can 'Shutter' Temporarily
Five Planned Parenthood affiliates will not be irreparably harmed by changes to federal guidance for teen health programs instructing grantees to demonstrate alignment with executive orders from the Trump administration rejecting transgender identity and diversity programs, a D.C. federal judge has ruled.
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June 27, 2025
Wireless Co. Says Feds Breached 'Rip And Replace' Promise
Illinois-based SI Wireless LLC told a Court of Federal Claims judge the U.S. government breached a promise to reimburse it for removing Chinese-made equipment deemed a national security risk from its telecommunications network and has failed to follow through with nearly $157 million in payments.
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June 27, 2025
No Federal Agency Can Enforce WilmerHale EO, Judge Says
A D.C. federal judge on Thursday amended his decision in the WilmerHale executive order litigation, clarifying amid disagreement among the parties that the underlying executive order cannot be enforced by any federal agency.
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June 27, 2025
HVAC Co. Cuts Deal To End Public Works Pay Suit
A heating, ventilation and air conditioning company will pay $225,000 to resolve workers' allegations that it failed to pay prevailing wages on public works projects in New York City and New York state, a filing in federal court said.
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June 26, 2025
Phillip Morris Moves To Arbitrate Rivals' Tobacco Deal Suit
Philip Morris USA is urging a Washington state judge to force arbitration in a dispute with R.J. Reynolds and other tobacco companies over deals delineating billions of dollars in annual payments owed to states under Big Tobacco's 1998 master settlement agreement.
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June 26, 2025
Ex-NY Gov. Aide Hit With New PPE Fraud Scheme Charges
A federal grand jury Wednesday tacked on charges against a former top aide to two New York governors in a case accusing her of secretly acting as a Chinese government agent, alleging she illegally steered government contracts during the COVID-19 pandemic to businesses she was secretly connected to.
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June 26, 2025
Judge Questions DOJ's Justification For $820M Grant Cuts
A D.C. federal judge on Thursday expressed frustration with the U.S. Department of Justice's scant explanation for canceling more than $820 million in public safety grants disbursed through the agency's Office of Justice Programs.
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June 26, 2025
Peru Seeks Info For Criminal Cases Tied To Toll Road Row
Peru asked a New York federal judge to allow discovery on a Brookfield unit and major North American banks to aid criminal proceedings involving an allegedly corrupt toll road contract at the heart of $200 million worth of arbitral awards the South American country's capital city has been unable to shake.
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June 26, 2025
Wash. High Court Says State CBAs Are Private Until Funded
The agency that negotiates Washington state employees' union contracts can reject public records requests for bargaining-related documents until the contracts are finalized and funded, the Washington Supreme Court held in an 8-1 vote Thursday, upholding a Washington Court of Appeals decision.
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June 26, 2025
5th Circ. Revives Biz Records Law, Citing Review Safeguard
The Fifth Circuit on Thursday tossed a permanent injunction blocking a Texas statute requiring businesses to immediately comply with the state's demand to examine business records, saying the Texas Supreme Court recently "harmonized" the law in a way that addresses Spirit AeroSystems Inc.'s constitutional challenge.
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June 26, 2025
Kimberly-Clark Inks $4.15M Deal In Gown Fraud Suit
Kimberly-Clark Corp. has agreed to pay $4.15 million to settle a suit brought by a doctor on behalf of the federal government alleging it violated the False Claims Act by falsely claiming its surgical gowns protected against contagious diseases.
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June 26, 2025
DOJ Puts U. Of California Diversity Plans Under Microscope
The U.S. Department of Justice's civil rights arm said Thursday it's launching an investigation into whether a University of California strategic plan prompted its campuses to discriminate against job applicants and employees based on their race and gender.
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June 26, 2025
Air Force Contractor Agrees To Pay $1M To Settle FCA Claims
A Massachusetts company will pay approximately $1 million to settle allegations it overcharged the government under a contract supporting Cannon Air Force Base in New Mexico, federal prosecutors have announced.
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June 26, 2025
Holland & Knight Adds K&L Gates Commercial Disputes Head
Holland & Knight LLP announced on Thursday it has added a Dallas-based partner who previously served as one of that firm's leaders and a coordinator of the global commercial disputes practice at K&L Gates LLP.
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June 26, 2025
Ex-Asphalt Exec Gets 6 Months For $23M Bid-Rigging Scheme
A co-founder and former executive of a Michigan asphalt paving company has been sentenced to six months in prison and fined $500,000 for his role in a bid-rigging conspiracy that earned his company more than $23 million in corrupted jobs, as a Michigan federal judge continued to emphasize the need to deter white collar crime.Â
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June 25, 2025
Trump's DOL Blocked From Slashing Job Corps Program
A New York federal judge Wednesday issued a nationwide preliminary injunction prohibiting the U.S. Department of Labor from "suspending" most of the Job Corps program, ruling that Congress created the program and funded it, and the "DOL is not free to do as it pleases."
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June 25, 2025
Fed. Circ. Affirms Dismissal Of Navy Lab Contract Claims
A company tapped to build a Naval Surface Warfare Center lab in Maryland failed to show that a contract appeals board erred when it dismissed two of the company's claims stemming from the $11 million project, a Federal Circuit panel ruled Wednesday.
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June 25, 2025
Wash. City Hits Ch. 9 After Arbitration Loss With Developer
Cle Elum, a city in central Washington at the foothills of the Cascade Mountains, filed for Chapter 9 municipal bankruptcy on Tuesday facing garnishment from a real estate developer to whom it owes $26 million.
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June 25, 2025
GAO Affirms $261M Army Support Services Deal
The U.S. Government Accountability Office denied an Alabama company's protest of a $261 million task order the Army awarded for its Rapid Capabilities and Critical Technologies Office, rejecting arguments that the awardee should have been disqualified for misrepresenting its work on a prior contract.
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June 25, 2025
DOL Says Trump Order Moots Contractor Wage Case
A Colorado federal court should throw out an outdoor group's challenge to a Biden-era mandate requiring federal contractors to pay a $15 minimum wage, the U.S. Department of Labor argued, saying President Donald Trump has rescinded the rule that the lawsuit challenges.
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June 25, 2025
CVS PBM Hit With $95M Judgment For Overbilling Medicare
A Pennsylvania federal judge on Wednesday ruled that CVS's pharmacy benefits manager owes the government $95 million for overbilling Medicare Part D-sponsored drugs, leaving the door open for the amount to be tripled later.
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June 25, 2025
Hanford Contractor To Pay $6.5M To Settle Fraud Allegations
A contractor tapped to manage and operate a tank farm holding millions of gallons of hazardous and radioactive waste at the Hanford nuclear site in Washington will pay $6.5 million to settle claims it overcharged the U.S. Department of Energy for labor hours, according to federal prosecutors.
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June 24, 2025
State AGs Sue Trump Admin To Stop Billions In Grant Cuts
A coalition of 21 states and the District of Columbia filed suit Tuesday in Massachusetts federal court, accusing the Trump administration of unlawfully using a single clause "buried in federal regulations" to nix billions of dollars in federal grant funding to the states.
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June 24, 2025
Fed. Circ. Won't Revisit Ruling On Late Textron Pension Claim
The Federal Circuit has denied Textron Aviation Defense LLC's request to reconsider a decision that affirmed the dismissal of its pension claims against the federal government as time-barred under the Contract Disputes Act's six-year statute of limitations.
Expert Analysis
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Series
Adventure Photography Makes Me A Better Lawyer
Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.
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FAR Update Harmonizes Suspension And Debarment Rules
Although the newly finalized rule amending the Federal Acquisition Regulation's suspension and debarment system does not bring it into complete alignment with the same processes under the nonprocurement common rule, it is still a welcome update that makes many needed changes, says Kara Sacilotto at Wiley.
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The 5 Most Important Bid Protest Decisions Of 2024
The U.S. Court of Appeals for the Federal Circuit, the Court of Federal Claims and the Government Accountability Office issued five noteworthy bid protest decisions in 2024 that will likely have a continuing impact on questions concerning standing, timeliness, corporate transactions and more, say attorneys at Bradley Arant.
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Politicized OIGs Could Target Federal Employees, Contractors
After President Donald Trump fired nearly 20 inspectors general last week, it’s worth exploring how the administration could use Offices of Inspectors General to target federal employees and contractors, why it would be difficult to fight this effort, and one possible bulwark against the politicization of these watchdogs, says Sara Kropf at Kropf Moseley.
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5 Ways To Create Effective Mock Assignments For Associates
In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.
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Takeaways From DOJ Fraud Section's 2024 Year In Review
Attorneys at Paul Weiss highlight notable developments in the U.S. Department of Justice Fraud Section’s recently released annual report, and discuss what the second Trump administration could mean for enforcement in the year to come.
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4 Employment Law Areas Set To Change Under Trump
President Donald Trump's second term is expected to bring significant changes to the U.S. employment law landscape, including the potential for updated worker classification regulations, and challenges to diversity, equity and inclusion that are already taking shape, say attorneys at Debevoise.
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The 7th Circ.'s Top 10 Civil Opinions Of 2024
Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2024, and explain how they may affect issues related to mass arbitration, consumer fraud, class certification and more.
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'Key Personnel' Defense Is Trending In GAO Bid Protests
A trio of recent cases before the U.S. Government Accountability Office demonstrate that both the government and intervenors are increasingly defending bid protests by arguing that a protester's key personnel became unavailable after a proposal submission, but prior to an award, says Joshua Duvall at Maynard Nexsen.
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Mentorship Resolutions For The New Year
Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.
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Series
Coaching Little League Makes Me A Better Lawyer
While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.
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5 Litigation Funding Trends To Note In 2025
Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.
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3 Noteworthy Effects Of The 2025 NDAA
The 2025 defense budget includes further restrictions on semiconductor sales to Huawei, requiring companies to rethink customer-base oversight, but other provisions are likely to broaden procurement contract opportunities, say attorneys at Miles & Stockbridge.
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FTC Privacy Enforcement Takeaways From 2024
In 2024, the Federal Trade Commission distinguished three prominent trends in its privacy-related enforcement actions: geolocation data protections, data minimization practices, and artificial intelligence use and marketing, say Cobun Zweifel-Keegan at IAPP and James Smith at Dechert.
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Rethinking Litigation Risk And What It Really Means To Win
Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.