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Government Contracts
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July 24, 2025
NJ Attys Warn RICO Case Revival Would 'Chill' Lawyering
The New Jersey State Bar Association told a Garden State appellate court that lawyers across the state will be chilled from zealously advocating for their clients if it revives the state's racketeering indictment against two politically connected attorneys, making it the second attorney advocacy group to file a proposed amicus curiae brief in the case.
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July 24, 2025
McGuireWoods Adds Offit Kurman Gov't Contracts, Tech Atty
McGuireWoods LLP has hired a former Offit Kurman Attorneys At Law principal who focuses his practice on government contracts and technology transactions, and who joins the team as a counsel in Washington, D.C., the firm announced Thursday.
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July 24, 2025
Naval Engineers In No-Poach Suit Hint At New Named Plaintiff
A proposed class of naval engineers suing the nation's major military shipbuilders and contractors over an alleged no-poach wage-fixing scheme may have a new named plaintiff to bring to the case.
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July 24, 2025
GAO Urges DOE Watchdog To Rethink Audit Division Costs
A U.S. Department of Energy watchdog significantly underestimated how much it would cost to audit billions of dollars of inherently risky incurred cost contracts the department has awarded, according to the U.S. Government Accountability Office.
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July 23, 2025
Columbia Says It'll Pay $200M To Put To Rest Beef With Trump
Columbia University said Wednesday that it has agreed to pay a $200 million settlement to the federal government to resolve the Trump administration's allegations the institution didn't do enough to protect Jewish students, a move Columbia said means the "vast majority" of federal funding will be restored.
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July 23, 2025
Broadband Co.'s $168M Peruvian Award Suit Stays In DC
A D.C. federal judge has declined to throw out a broadband corporation's suit seeking the enforcement of $168 million in arbitral awards against Peru-owned telecom service Pronatel, rejecting its argument that it was not properly served under Peruvian law.
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July 23, 2025
Trump Wins 9th Circ. Block On Order Providing Reorg Plans
The Ninth Circuit greenlighted the Trump administration's request to pause a lower court ruling requiring the government to turn over its layoff and reorganization plans in the case disputing whether the president can lawfully reshape federal agencies without congressional approval.
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July 23, 2025
11th Circ. Throws Cold Water On Ga. County's Spaceport Suit
An Eleventh Circuit panel signaled Wednesday that it was not buying a Georgia county's claims that it should be able to claw back $2.6 million it put down on a property where it intended to construct a commercial spaceport after the county's voters repealed authorization for the project in a referendum.
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July 23, 2025
Feds Seek 15 Months For Lobbyist Over Madigan Scheme
Federal prosecutors have urged an Illinois federal judge to sentence ex-ComEd lobbyist Jay Doherty to one year and three months in prison for his "critical role" in a scheme to bribe former Illinois House Speaker Michael Madigan, whose associates were paid as "subcontractors" under Doherty's lobbying contract with the utility even though they did little to no work.
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July 23, 2025
Judge Denies Protest Over DOD Agency's $126M IT Deal
A business challenging a Defense Intelligence Agency decision that sent a $126 million IT support contract to another company failed to show any basis to disturb the award, a U.S. Court of Federal Claims said.
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July 23, 2025
Wash. Counties Can Sue State Over Public Defense Funding
A Washington state appeals court has ruled that a coalition of counties has standing to sue the state to force it to provide adequate funding for indigent defense services, saying the coalition had shown that it had been harmed by the current funding system.
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July 23, 2025
US Says It's Immune In Booz Allen Worker Tax Info Leak Suit
A proposed class action seeking to hold the federal government and its contractor Booz Allen Hamilton responsible for a leak of thousands of wealthy people's tax returns, including President Donald Trump's, cannot move forward against the U.S., the government argued Wednesday, saying it's immune from the suit.
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July 23, 2025
No New General Causation Opinions In Camp Lejeune Case
A North Carolina federal judge is limiting the scope of expert opinions in the consolidated litigation over water contamination at Camp Lejeune, saying the plaintiffs' specific causation experts can refer to prior general causation opinions but cannot introduce new general causation opinions.
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July 23, 2025
NJ Power Broker Blasts AG's Bid To Revive RICO Case
Garden State power broker George E. Norcross IIIÂ on Wednesday urged a New Jersey appeals court to affirm the dismissal of the state's explosive racketeering indictment, arguing the trial court was right to toss the charges because there are no factual allegations in the indictment that amount to a crime.
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July 23, 2025
Trump Publishes AI 'Action Plan' With 90 Policy Proposals
In an effort to secure America's leadership in artificial intelligence, the Trump administration released a blueprint Wednesday outlining ideas to accelerate innovation, modernize infrastructure and foster international collaboration while safeguarding national security.
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July 22, 2025
FCA Draws Heavy Constitutional Fire After $1.6B J&J Verdict
Reeling from a record fraud verdict tied to drug promotion practices, Johnson & Johnson is pursuing a sweeping constitutional challenge to the False Claims Act, and in filings this week at the Third Circuit, major industry allies rallied behind its views of whistleblower litigants usurping executive branch power.
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July 22, 2025
Air Force Can't Dodge $3M Lost Forklifts Claim, Board Says
The Armed Services Board of Contract Appeals denied the U.S. Air Force's request to dismiss a $3.1 million claim lodged after an Afghanistan base allegedly failed to return two rental forklifts procured under a $29,000 contract.
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July 22, 2025
IP Atty's FCA Suit Against Valeant Over Apriso Tossed Again
A California federal judge on Tuesday again threw out an attorney's whistleblower False Claims Act suit alleging Valeant Pharmaceuticals fraudulently obtained a patent to block generic Apriso, but gave him several weeks to amend his case.
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July 22, 2025
Bid Protest Experts Push For Focus On Data, Debriefings
Bid protest experts told lawmakers Tuesday that they should focus on collecting more data on the federal procurement process and expanding the use of enhanced post-award debriefing procedures to civilian agencies, rather than penalizing companies that file frivolous bid protests.
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July 22, 2025
Fla. Woman Gets 30 Months For Nearly $1M Student Aid Fraud
A Florida woman was sentenced to 30 months in prison after pleading guilty to fraud-related charges for her role in a years-long scheme enrolling fake students in low-cost colleges to steal almost $1 million in federal financial aid from the U.S. Department of Education, the U.S. Department of Justice announced Tuesday.Â
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July 22, 2025
Divided 3rd Circ. Backs ICE Detention Contracts In NJ
A split Third Circuit panel on Tuesday backed a lower court's decision invalidating a New Jersey state law barring detention centers from contracting with U.S. Immigration and Customs Enforcement, ruling that the law directly regulates the federal government.
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July 22, 2025
Humana Asks Texas Court To Void 2025 Medicare Ratings
Humana Inc. has asked a Texas court to vacate the Centers for Medicare & Medicaid Services' 2025 star ratings for certain Medicare plans, writing that the evaluation rules "are dizzyingly complex" and unfairly resulted in a lower rating for its plan.
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July 22, 2025
Judge Blocks Some Planned Parenthood Cuts In Partial Ruling
A Massachusetts federal judge partially blocked a measure passed by Congress this month stripping Medicaid funding from Planned Parenthood-affiliated facilities, but only as it applies to those that do not provide abortions or that receive minimal federal support.
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July 21, 2025
Guinea Tells DC Circ. $22M Award Can't Be Enforced
The Republic of Guinea has urged the D.C. Circuit not to revive a consulting company's bid to enforce a $22 million arbitration award, saying a lower court correctly found that it was unclear whether the country agreed to arbitrate the dispute in the first place.
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July 21, 2025
Lawmakers' Plan To Target Bid Protesters Seen As Unfounded
Congress's quest to deter frivolous protests from companies that fail to win Pentagon contracts exposes a gap between lawmakers and attorneys who refute the problem, and worry that small businesses that get penalized could get shut out of the procurement process.
Expert Analysis
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Series
Playing Football Made Me A Better Lawyer
While my football career ended over 15 years ago, the lessons the sport taught me about grit, accountability and resilience have stayed with me and will continue to help me succeed as an attorney, says Bert McBride at Trenam.
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10 Arbitrations And A 5th Circ. Ruling Flag Arb. Clause Risks
The ongoing arbitral saga of Sullivan v. Feldman, which has engendered proceedings before 10 different arbitrators in Texas and Louisiana along with last month's Fifth Circuit opinion, showcases both the risks and limitations of arbitration clauses in retainer agreements for resolving attorney-client disputes, says Christopher Blazejewski at Sherin and Lodgen.
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Contract Disputes Recap: Q&As, Gov't Claims, Pleading
Attorneys at Seyfarth examine decisions from the Armed Services Board of Contract Appeals, the Civilian Board of Contract Appeals and the U.S. Court of Federal Claims covering matters including superior knowledge, government claims and pleading standards.
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Self-Disclosure Calculus Remains Complex Under Trump DOJ
Shifting policy focus under the Trump administration's Justice Department has created uncertainty for individuals considering voluntarily self-disclosing crimes that are no longer considered an enforcement priority, but there has been no indication that the administration intends on dialing back self-disclosure programs, say attorneys at Fox Rothschild.
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Series
Power To The Paralegals: The Value Of Unified State Licensing
Texas' proposal to become the latest state to license paraprofessional providers of limited legal services could help firms expand their reach and improve access to justice, but consumers, attorneys and allied legal professionals would benefit even more if similar programs across the country become more uniform, says Michael Houlberg at the University of Denver.
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11 Tips For Contractors Dealing With DOD Staff Reductions
Defense contractors should prepare for a wide range of disruptions related to procurement and contract administration that are likely amid federal workforce reductions, say attorneys at Covington.
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Pay Cos. That Adapt Can Benefit As Gov't Ends Paper Checks
Recent executive orders, instructing the government to cease issuing paper checks and to modernize and fraud-proof federal payments, will likely benefit financial services providers that facilitate government disbursements — provided they can manage the challenges and risks of transitioning to fully digital payments, say attorneys at Davis Wright.
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10 Soft Skills Every GC Should Master
As businesses face shifting regulatory and technological uncertainty, general counsel will need to strengthen certain soft skills to succeed, from admitting when they make a mistake to maintaining a healthy dose of dispassion, says Douglas Brown at Manatt.
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Learning From COVID-19 Enforcement Against Nursing Homes
Five years after the COVID-19 outbreak caused a high number of deaths in nursing homes, an examination of enforcement actions against nursing homes in New York and elsewhere in the country highlights obstacles that may arise when bringing cases of this type, and ways to overcome them, says Kenneth Levine at Stone & Magnanini.
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Reviving A Dormant Criminal Statute In Antitrust Prosecution
The U.S. Department of Justice is poised to revive a dormant misdemeanor statute to resolve bid-rigging charges against a foreign national, providing important context to a recent effort to entice foreign defendants to take responsibility for pending charges or face the risk of extradition, say attorneys at Axinn.
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End May Be In Sight For Small Biz Set-Aside Programs
A Jan. 21 executive order largely disarming the Office of Federal Contract Compliance Programs, along with recent court rulings, suggests that the administration may soon attempt to eliminate set-asides intended to level the award playing field for small business contractors that qualify under socioeconomic programs, say attorneys at Alston & Bird.
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An Unrestrained, Bright-Eyed View Of Legal AI's Future
Todd Itami at Covington offers a bright-eyed, laughing-all-the-way, skydive look at what the legal industry could look like after an artificial intelligence revolution, which he believes may happen much sooner and more dramatically than we expect.
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Tracking The Evolution In Litigation Finance
Despite continued innovation, litigation finance remains an immature market with borrowers recieving significantly different terms as lenders learn to value cases, which firms need a strong handle on to ensure lending terms do not overwhelm collateral value, says Robert Wilkins at Lightfoot Franklin.
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Series
Volunteer Firefighting Makes Me A Better Lawyer
While practicing corporate law and firefighting may appear incongruous, the latter benefits my legal career by reminding me of the importance of humility, perspective and education, says Nicholas Passaro at Ford.
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What The Minimum Wage Shift Means For Gov't Contractors
While President Donald Trump's recent executive order rescinding a 2021 increase to the federal contractor minimum wage is welcome relief to some federal contractors and settles continued disagreement about its legality, there remains significant uncertainty and pitfalls over contractor wage obligations, say attorneys at Polsinelli.