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Government Contracts
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July 17, 2025
Fla. Judge Rejects US Service Members' Timeshare Claims
A Florida federal judge sided with Holiday Inn Club Vacations Inc. and its timeshare financier on Thursday in a putative class action by two U.S. Air Force members alleging that their timeshare loan contracts violated the Military Lending Act.
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July 17, 2025
Bombing Victims Seek Damages For Iran's Support Of Attacks
Dozens of people allegedly harmed by bombings in Kabul, Afghanistan, have asked a D.C. federal judge to order the Islamic Republic of Iran to pay hundreds of millions of dollars for providing material support for the terrorist attacks.
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July 17, 2025
Mass. Cities Seek Order Forcing Trash Hauler To Honor Pacts
Nearly three weeks after Republic Services workers went on strike, six Massachusetts communities went to court Thursday seeking an order compelling the trash hauler to immediately address what they say is a public health nuisance.
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July 17, 2025
IRS Leaker Asks DC Circ. To Bar Comments By Ex-Employer
A tech worker appealing a five-year sentence for leaking tax returns while on the job at the IRS through contractor Booz Allen asked the D.C. Circuit on Thursday to block his former employer from weighing in, saying the company's opinion that he should finish his prison term is irrelevant.
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July 17, 2025
USDA Should Revisit $22M IT Deal, GAO Says
The U.S. Government Accountability Office urged the Department of Agriculture to reconsider a $22.8 million task order for IT services, saying the agency had failed to meaningfully respond to claims that it was unfair in its evaluation of proposals for the award.
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July 16, 2025
Internet Co. Can't Win $33M Indonesia Judgment In NY Court
A New York federal judge has tossed litigation initiated by a Jakarta, Indonesia-based internet service provider to enforce a $32.7 million judgment against Indonesia following arbitration over a government contract to implement mobile access centers around the country.
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July 16, 2025
Nonprofits Taking Immigrant Legal Aid Fight To DC Circ.
Nonprofit groups that are trying to stop the U.S. Department of Justice from cutting off funding to four programs that provide legal information to noncitizens are taking their fight with the Trump administration to the D.C. Circuit after a federal judge killed their lawsuit.
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July 16, 2025
GAO Tells Congress Loser-Pays Model Not Needed
The U.S. Government Accountability Office said in a letter to Congress that it does not endorse creating a loser-pays model for unsuccessful protests of defense contracts because sufficient measures already exist to limit the impact of protests filed without a substantial basis.
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July 16, 2025
Union Pension Fund Says Cos. Can't Get Fees In ERISA Row
A Tennessee federal judge should deny two companies' "extraordinary" request for a union pension fund to cover their attorney fees in an Employee Retirement Income Security Act dispute, the union argued Wednesday, saying the section of ERISA the lawsuit was lodged under doesn't allow for attorney fee awards.
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July 16, 2025
FEMA Targeted In 20-State Suit Over Pre-Disaster Grant Cuts
A coalition of 20 states led by Washington and Massachusetts sued the Federal Emergency Management Agency in Boston federal court Wednesday, accusing the Trump administration of illegally cutting off billions of dollars in grants for proactive disaster mitigation projects across the country.
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July 16, 2025
Judge Says Navy Must Face Contamination Claim At Calif. Site
A Court of Federal Claims judge trimmed some but not all claims from a suit alleging the Navy breached its obligation to remediate newly discovered petroleum and chloroform contamination at a Novato, California, property it sold two decades ago.
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July 15, 2025
Trump Admin Seeks Win In Harvard $2B Funding Freeze Case
The Trump administration urged a Massachusetts federal judge Monday to grant it summary judgment in Harvard University's lawsuit challenging the government's effort to freeze $2.2 billion in funding, arguing the dispute is a contract fight that belongs in the Federal Claims Court and the allegations fail on the merits.
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July 15, 2025
Patent Fight Over Xtandi Erupts Anew Before RFK Jr.
A new dispute is playing out over the price of a prostate cancer drug that was developed at University of California, Los Angeles, and is being sold by Pfizer, with the federal government being pushed on the issue of using its authority to allow early entry of generics.
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July 15, 2025
Protest Over $985M Migrant Kid Transport Deal Deemed Moot
A Court of Federal Claims judge threw out a protest lodged against the General Services Administration over its decision to award a nearly $1 billion transportation and logistics contract for unaccompanied children in federal custody to a competitor.
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July 15, 2025
4th Circ. Won't Rethink Affirmance Of $8M KBR Award
The Fourth Circuit will not be rethinking its decision rebuff a Kuwaiti construction company's attempt to nix an $8 million arbitral award favoring Kellogg Brown & Root International, the appeals court has ruled.
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July 15, 2025
Texas Cities Cite Gov't Immunity In Farmers' PFAS Suit
Governmental entities led by Fort Worth submitted a brief to a Texas federal court Tuesday supporting their immunity in managing wastewater operations in connection with a proposed class action from farmers who claim their lands were contaminated by toxic chemicals.
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July 15, 2025
Delta To Pay $8.1M To End FCA Whistleblower Suit
Delta Air Lines Inc. on Tuesday agreed to pay $8.1 million to settle whistleblower claims that it paid some corporate officers and other employees beyond compensation limits the airline agreed to under a Treasury Department pandemic relief program.
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July 15, 2025
Booz Allen Urges DC Circ. To Affirm IRS Leak Sentence
Government contractor Booz Allen Hamilton urged the D.C. Circuit to uphold the five-year prison sentence of its former employee for leaking tax returns while on a job at the IRS, saying the crime has hurt the company's reputation and subjected it to "baseless lawsuits."
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July 15, 2025
Washington Wall Maker Will Pay $3.3M To Settle FCA Claims
A Washington state company that makes rigid wall shelters agreed to pay $3.3 million to settle allegations over false claims submitted under prime vendor contracts the U.S. Department of Defense used to buy goods and services, according to federal prosecutors.
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July 15, 2025
Denver Defends Affordable Housing Fees, Citing Alternatives
The city of Denver has urged a Colorado federal court to toss a homebuilder's suit challenging the constitutionality of an affordable housing fee for new development, arguing the developer's claims overlook a clause that allows it to construct affordable housing as an alternative.
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July 15, 2025
GAO Denies Protest Over Air Force Deals For Saudi Base Work
The U.S. Government Accountability Office denied a Texas company's protest alleging that a botched U.S. Air Force bid evaluation kept it from being tapped for one of a half dozen contracts for projects at Prince Sultan Air Base in Saudi Arabia.
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July 14, 2025
Md. IT Contractor Enters $14.75M False Claims Deal With Gov't
A Maryland-based information technology services company will pay at least $14.75 million to resolve allegations it knowingly submitted false claims to the U.S. government under a General Services Administration contract, the U.S. Department of Justice announced Monday.
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July 14, 2025
States Blast Trump Admin Over $6.8B Education Fund Freeze
A coalition of states sued the Trump administration Monday over its decision to freeze $6.8 billion in congressionally appropriated educational program funding, leaving schools scrambling ahead of the new school year, the same day the U.S. Supreme Court allowed mass U.S. Department of Education layoffs to move forward.
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July 14, 2025
6th Circ. Nom Is 1st Senate Confirmation Of Trump's 2nd Term
The Senate voted 46-42 on Monday evening to confirm Whitney Hermandorfer, director of the Office of the Tennessee Attorney General's Strategic Litigation Unit, to the Sixth Circuit, making her the first judicial confirmation of the second Trump administration.
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July 14, 2025
Enviro Groups Sue DOE Over Tenn. Nuclear Site Cleanup Plan
The U.S. Environmental Protection Agency's $30 billion cleanup plan for a nuclear site outside Knoxville, Tennessee, has failed to prevent harmful discharges into the area's groundwater and waterways, threatening community health and the local environment, environmental groups have said.
Expert Analysis
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4 Ways Women Attorneys Can Build A Legal Legacy
This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.
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Bid Protest Spotlight: Prejudice, Injunctions, New Regulations
In this month's bid protest roundup, Markus Speidel at MoFo looks at three recent decisions that consider whether a past performance evaluation needs to show prejudice to be successfully challenged, the prerequisites for injunctive relief and the application of new regulatory requirements to indefinite-delivery, indefinite-quantity contracts.
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A Judge's Pointers For Adding Spice To Dry Legal Writing
U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.
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Justices Likely To Issue Narrow Ruling In $1.3B Award Dispute
After last week's argument in Devas v. Antrix, the Supreme Court appears likely to reverse the holding that minimum contacts are required before a federal court may exercise personal jurisdiction over a foreign state and remand the case for further litigation on other important constitutional questions, say attorneys at Cleary.Â
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NIH Cuts To Indirect Costs May Stifle IP Generation
Although currently blocked by a preliminary injunction, the National Institutes of Health's new policy to cut down on indirect cost funding creates challenges for university research projects, and may hamper the development of intellectual property — which is considered an indirect cost — for years to come, say attorneys at Snell & Wilmer.
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Recent Cases Clarify FCA Kickback Pleading Standards
Two recently resolved cases involving pharmaceutical manufacturers may make it more difficult for False Claims Act defendants facing kickback scheme allegations to get claims dismissed for lack of evidence, say Li Yu at Bernstein Litowitz, Ellen London at London & Noar, and Gregg Shapiro at Gregg Shapiro Law.
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3 Ways Civil Plaintiffs Could Fill An FCPA Enforcement Gap
While the Department of Justice recently announced it would deprioritize Foreign Corrupt Practices Act investigations into U.S. businesses without obvious ties to international crime, companies should stay alert to private plaintiffs, who could fill this enforcement void — and win significant civil damages — through several legal channels, says Eric Nitz at MoloLamken.
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Steps For Federal Grantees Affected By Stop-Work Orders
Broad changes in federal financial assistance programs are on the horizon, and organizations that may receive a stop-work order from a federal agency must prepare to be vigilant and nimble in a highly uncertain legal landscape, say attorneys at Arnold & Porter.
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Opinion
State FCAs Should Cover Local Fund Misuse, State Tax Fraud
New Jersey and other states with similar False Claims Acts should amend them to cover misappropriated municipal funding, and state and local tax fraud, which would encourage more whistleblowers to come forward and increase their recoveries, says Kenneth Levine at Stone & Magnanini.
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Why Acquirers Should Reevaluate Federal Contract Risk
Long thought of as a stable investment, the scale with which the Trump administration is attempting to eliminate federal contracts is unprecedented, and acquirer considerations should include the size and scope of all active and pending government contracts of target companies, say attorneys at Winston & Strawn.
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7 Tips For Associates To Thrive In Hybrid Work Environments
Excerpt from
As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.
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White Collar Archetypes: Wrangling The Shape-Shifter
In white collar criminal trials, certain pieces of evidence can shape-shift in the jury’s eyes, presenting both challenges and opportunities for defense counsel, says Jack Sharman at Lightfoot Franklin.
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Series
Playing Beach Volleyball Makes Me A Better Lawyer
My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.
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How GSA Lease Clauses May Affect DOGE Terminations
The Department of Government Efficiency has begun to cut the U.S. General Services Administration's enormous real estate portfolio, but some standard lease clauses include limits helpful to landlords that may slow progress toward the administration's cost-cutting goals, say attorneys at Pillsbury.
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Contractor Liability When Directing Subcontractor Workforce
A recent Virginia Court of Appeals decision that rejected a subcontractor employee’s tortious interference claim should prompt prime contractors to consider how to mitigate liability risk associated with directing a subcontractor to remove its employee from a federal project, say attorneys at Venable.