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Government Contracts
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May 28, 2025
IT Contractor Says Retainer Deposit Lets Ch. 11 Stay In NY
Government information technology contractor Sysorex Government Services on Wednesday argued to a New York bankruptcy judge that the retainer on deposit for its bankruptcy counsel is sufficient to establish the Southern District of New York as the venue for its Chapter 11 case.
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May 28, 2025
GAO Denies Protest Over Air Force Security Solicitation
The U.S. Government Accountability Office denied a San Diego company's protest over the Air Force's issuance of a third-phase Small Business Innovation Research solicitation, finding it adequately linked to a prior development phase related to a modular security and surveillance system.
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May 27, 2025
Musk, DOGE Fail To Nix States' Suit Against 'Limitless' Power
Fourteen states can proceed in their lawsuit challenging Elon Musk and the Department of Government Efficiency's influence in the federal government after a D.C. federal judge Tuesday refused to toss their suit, rejecting the government's contention that Musk wasn't subject to the U.S. Constitution's appointments clause.
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May 27, 2025
Drone Co. Overhyped Army Contract Prospects, Investor Says
Drone maker Red Cat Holdings Inc. faced a proposed investor class action alleging it misled investors about its expectations for capitalizing on a prospective U.S. Army contract, hurting shareholders as markets reacted to adverse news about the contract and the company's potential revenue from the deal.
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May 27, 2025
CMS Heightens Medicaid Oversight For Immigrant Care
The Centers for Medicare & Medicaid Services on Tuesday said it is ramping up its financial oversight of states to detect misuse of federal Medicaid dollars, telling states it will seek to recoup federal funds spent on nonemergent care for "illegal aliens."
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May 27, 2025
Expert Says DuPont Knew Of PFAS Risk At NJ Site
A former U.S. Environmental Protection Agency policy adviser told a New Jersey federal court on Tuesday that E.I. du Pont de Nemours knew of the risk of "forever chemicals" and failed to disclose that risk to federal and Garden State regulators despite its obligation to do so.
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May 27, 2025
Ferry Cos. Urge Mich. Judge To Block Rate Freeze Ordinance
Ferry service companies that provide transportation into and out of a popular Michigan tourist destination are asking a federal judge to stop the city of Mackinac Island from enforcing an ordinance that the companies say would put the businesses at risk of closing.
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May 27, 2025
Contractor Blames Architect In $17.6M Conn. School Fire Suit
Connecticut contractor United Roofing & Sheet Metal Inc. on Tuesday asked a state trial court judge to throw out an architectural firm's attempt to shift blame after a school roof twice caught fire during a construction job, causing an alleged $17.6 million in damage.
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May 27, 2025
NPR Sues To Block Trump's 'Blatantly Unconstitutional' Cuts
National Public Radio and three Colorado stations hit the Trump administration with a lawsuit in D.C. federal court Tuesday, claiming a recent executive order aimed at cutting federal funding is discriminatory and "blatantly unconstitutional."
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May 27, 2025
Feds Can't Turn Off NY Funding In Congestion Pricing Fight
A Manhattan federal judge on Tuesday temporarily blocked as "arbitrary and capricious" a Trump administration threat to withhold federal transportation funds from New York as part of a White House effort to undo New York City's congestion pricing program.
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May 23, 2025
Law360 Reveals Titans Of The Plaintiffs Bar
This past year, a handful of attorneys secured billions of dollars in settlements and judgments for both classes and individual plaintiffs against massive companies and organizations like Facebook, Dell, the National Association of Realtors, Johnson & Johnson, UFC and Credit Suisse, earning them recognition as Law360's Titans of the Plaintiffs Bar for 2025.
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May 23, 2025
Judge Extends Block On Trump's Government Layoffs
A California federal judge has extended her block of President Donald Trump's executive order directing layoffs at federal agencies, saying a coalition of unions, nonprofits and cities has shown it is likely to succeed in showing the order exceeded the president's authority.
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May 23, 2025
'NJ Weedman' Says City Hall Protest Is Protected Speech
A Garden State cannabis advocate known as "NJWeedman" urged a New Jersey federal judge to let his First Amendment suit against the mayor of Trenton proceed, arguing the city targeted his pot-themed ventures after he projected a "Batman-like" protest message on City Hall.
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May 23, 2025
DOJ, Boeing Reach Deal To Drop 737 Max Criminal Case
The U.S. Department of Justice said Friday that it won't criminally prosecute Boeing over the deadly 737 Max crashes after reaching a deal that saves the American aerospace giant from being branded a corporate felon in exchange for approximately $1.1 billion in fines, penalties and victims compensation.
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May 23, 2025
Service Members' COVID Vax Claims Sent To Military Boards
A Court of Federal Claims judge said an executive order directing the reinstatement of service members discharged over a COVID-19 vaccine mandate warranted sending the claims of 10 people who refused to comply with the mandate to military records boards for consideration.
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May 23, 2025
DC DHS Guards Forced To Work Through Breaks, Court Told
A contractor that provides guards for a U.S. Department of Homeland Security facility in Washington, D.C., forces them to take meal break pay deductions despite such breaks rarely occurring, employees said in a proposed class and collective action.
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May 23, 2025
Chief Justice Pauses DOGE's FOIA Discovery For Now
Chief Justice John Roberts temporarily paused discovery Friday into whether the Department of Government Efficiency is an agency subject to Freedom of Information Act requests, giving the initiative a short reprieve as the U.S. Supreme Court considers DOGE's bid to more fully halt a purported "fishing expedition."
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May 23, 2025
GAO Dismisses Protest To Forest Service Fire Retardant Buy
A Missouri company that supplies the U.S. Forest Service with fire retardants and support services had no basis to protest a sole-source award for the agency to buy 900,000 gallons of another company's product for testing, the U.S. Government Accountability Office said.
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May 23, 2025
Guggenheim-Backed Housing Proposal Upheld In SC
A South Carolina federal judge upheld a 9,000-unit housing plan brought in part by heirs of the Guggenheim family on the Cainhoy Peninsula near Charleston, finding federal authorities properly considered environmental effects of the development.
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May 23, 2025
Ex-FCC Nom Slams Trump For Pulling Digital Equity Funding
One-time FCC nominee Gigi Sohn dug into President Donald Trump for killing the $2.75 billion Digital Equity Fund, borrowing his language to say that the abrupt cancellation of a congressionally approved program was "unconstitutional" and "illegal."
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May 22, 2025
What's Next As DOJ Mulls Dropping Boeing Criminal Case
Boeing might be on the verge of closing a chapter in its 737 Max legal saga as the U.S. Department of Justice contemplates dropping its criminal conspiracy case against the company in what experts described as an unprecedented move just a year after Boeing was preparing to be branded a corporate felon.
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May 22, 2025
L3 Technologies To Pay $62M To Settle FCA Claims, DOJ Says
The U.S. Department of Justice said Thursday a defense contractor agreed to pay $62 million to settle allegations that it violated federal laws by failing to provide accurate price and cost data for communications equipment sold to the military and other agencies.
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May 22, 2025
Asphalt Exec Gets 6 Months For $22M Bid-Rigging Scheme
A Michigan federal judge on Thursday sentenced a former asphalt paving company president to six months in prison, saying the roughly $22 million in contracts that his involvement in a bid-rigging scheme earned his company warrants prison time to deter white-collar crime.
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May 22, 2025
Calif. Judge Likely To Extend Block On Gov't Reorg, Job Cuts
A California federal judge indicated Thursday she'll likely convert her temporary restraining order into a preliminary injunction against President Donald Trump's executive order to reduce the federal workforce, saying the law "seems clear" that presidents cannot issue large-scale agency reductions without congressional approval and "to hold otherwise" would contradict nine previous presidents and 21 congresses.
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May 22, 2025
Suit Slams 'Abrupt And Unlawful' DOJ Grant Terminations
Five nonprofit and community organizations whose grants were terminated by the U.S. Department of Justice have launched a class action in D.C. federal court challenging the department's "abrupt and unlawful" cancellation of $820 million in grant funding.
Expert Analysis
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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.
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Public Corruption Enforcement In 2024 Has Clues For 2025
If 2024 activity is any indication, the U.S. Supreme Court will likely continue to rein in expansive prosecutorial theories of fraud in the year to come, but it’s harder to predict what the new administration will mean for public corruption prosecutions in 2025, says Cathy Fleming at Offit Kurman.
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Anticipating How GAO Pleading Standards May Shift
The 2025 National Defense Authorization Act's mandate to create an enhanced pleading standard at the U.S. Government Accountability Office may change the calculus for where to file when challenging a U.S. Department of Defense procurement, say attorneys at Rogers Joseph.
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How DOGE's Bite Can Live Up To Its Bark
All signs suggest that the Department of Government Efficiency will be an important part of the new Trump administration, with ample tools at its disposal to effectuate change, particularly with an attentive Republican-controlled Congress, say attorneys at K&L Gates.
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5 Notable Information Security Events In 2024
B. Stephanie Siegmann at Hinckley Allen discusses 2024's largest and most destructive data breaches seen yet, ranging from ransomware disrupting U.S. healthcare systems on a massive scale, to tensions increasing between the U.S. and China over cyberespionage and the control of U.S. data.
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US-China Deal Considerations Amid Cross-Border Uncertainty
With China seemingly set to respond to the incoming U.S. administration's call for strategic decoupling and tariffs, companies on both sides of the Pacific should explore deals and internal changes to mitigate risks and overcome hurdles to their strategic plans, say attorneys at Covington.
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Series
Playing Rugby Makes Me A Better Lawyer
My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.
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How 2025 NDAA May Affect DOD Procurement Protests
A bid protest pilot program included in the 2025 National Defense Authorization Act shifts litigation costs onto unsuccessful bid protesters and raises claim-filing thresholds, which could increase risks to U.S. Department of Defense contractors who file protests, and reduce oversight of DOD procurement awards, say attorneys at Venable.
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Opinion
No, Litigation Funders Are Not 'Fleeing' The District Of Del.
A recent study claimed that litigation funders have “fled” Delaware federal court due to a standing order requiring disclosure of third-party financing, but responsible funders have no problem litigating in this jurisdiction, and many other factors could explain the decline in filings, say Will Freeman and Sarah Tsou at Omni Bridgeway.
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5 E-Discovery Predictions For 2025 And Beyond
In the year to come, e-discovery will be shaped by new and emerging trends, from the adoption of artificial intelligence provisions in protective orders, to the proliferation of emojis as a source of evidence in contemporary litigation, say attorneys at Littler.
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What To Expect From Federal Cybersecurity Policy In 2025
There are 12 cyber policy questions to keep an eye on as the new administration and Republican control of Congress present an opportunity to advance less regulatory approaches and revisit some choices from the prior administration, say attorneys at Wiley.