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Government Contracts
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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.
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July 14, 2025
State Dept. OKs Possible $2.6B Helicopter Sale To Norway
The U.S. Department of State said it has signed off on a possible sale of nine HH-60W helicopters and other equipment and support to Norway for an estimated $2.6 billion.
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July 14, 2025
Air Force Delay Entitles Contractor To Extra Costs, Board Says
A contractor tapped to work at Hurlburt Field Air Force Base in Florida is entitled to a claim for additional compensation since the U.S. Air Force delayed giving it a greenlight to start work and access the site, according to the Armed Services Board of Contract Appeals.
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July 14, 2025
Ex-ComEd Exec Gets 1½ Years For Hiding Madigan Bribes
An Illinois federal judge on Monday sentenced a former Commonwealth Edison executive and lobbyist to one and a half years in prison for his role in a scheme to steer payments to allies of ex-Illinois House Speaker Michael Madigan to win his support for energy legislation favorable to the utility, and for falsifying company records to hide no-show jobs for Madigan's associates.
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July 14, 2025
Ex-City Workers' Disability Bias Suit Should Fail, Judge Says
An Atlanta suburb shouldn't have to face a suit alleging it fired two employees because of their stress and anxiety, a Georgia federal magistrate judge recommended, saying neither worker could overcome explanations that poor performance cost her the job.
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July 11, 2025
Hospital Says Wash. Withholding Docs In Billing Fraud Suit
A hospital system accused of overbilling Medicaid in connection to a neurosurgeon's fraud scheme contends the Washington state attorney general's office has wrongly refused to provide records from agencies involved in the misconduct investigation, according to new filings in federal court.
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July 11, 2025
Courts Face Early Push To Expand Justices' Injunction Ruling
In the two weeks since the U.S. Supreme Court curtailed federal judges' ability to issue universal injunctions, Trump administration attorneys have begun pushing to expand the decision's limits to other forms of relief used in regulatory challenges and class actions. So far, judges don't appear receptive to those efforts.Â
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July 11, 2025
Trustee Says IT Contractor's Ch. 11 Counsel Pick Has Conflict
The U.S. Trustee's Office objected late Thursday to the retention of Cullen and Dykman LLP as counsel for bankrupt government information technology contractor Sysorex Government Services Inc. in the company's Chapter 11 case because of the firm's representation of defendants in suits over alleged fraudulent transfers.
Expert Analysis
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Series
Adapting To Private Practice: From DOJ Leadership To BigLaw
The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.
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Law Firm Executive Orders Create A Legal Ethics Minefield
Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.
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Contractor Remedies Amid Overhaul Of Federal Spending
Now that the period for federal agencies to review their spending has ended, companies holding procurement contracts or grants should evaluate whether their agreements align with administration policies and get a plan ready to implement if their contracts or grants are modified or terminated, say attorneys at DLA Piper.
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Firms Must Embrace Alternative Billing Models Or Fall Behind
As artificial intelligence tools eliminate inefficiencies and the Big Four accounting firms enter the legal market, law firms that pivot from the entrenched billable hour model to outcomes-based pricing will see a distinct competitive advantage, says attorney William Brewer.
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Contract Disputes Recap: Terminations Galore
Attorneys at Seyfarth examine three recent decisions in which the Civilian Board of Contract Appeals and the Armed Services Board of Contract Appeals provide valuable insights into contract terminations, modifications and the jurisdictional requirements for claims.
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How Attorneys Can Master The Art Of On-Camera Presence
As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.
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Series
Baseball Fantasy Camp Makes Me A Better Lawyer
With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.
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Series
Adapting To Private Practice: From Fed. Prosecutor To BigLaw
Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.
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Jurisdiction Argument In USAID Dissent Is Up For Debate
A dissent refuting the U.S. Supreme Court’s recent order directing the U.S. Agency for International Development to pay $2 billion in frozen foreign aid argued that claims relating to already-completed government contract work belong in the U.S. Court of Federal Claims – answering an important question, but with a debatable conclusion, says Steven Gordon at Holland & Knight.
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How Importers Can Minimize FCA Risks Of Tariff Mitigation
False Claims Act risks are inherent in many tariff mitigation strategies, making it important for importers to implement best practices to identify and report potential violations of import regulations before they escalate, says Samuel Finkelstein at LMD Trade Law.
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Firms Still Have Lateral Market Advantage, But Risks Persist
Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Making The Opportunity Zones Program Great At Last
As the opportunity zone program approaches its expiration, the Republican-led government could take specific steps to extend and improve the program, address its structural flaws, encourage broader participation and enable it to live up to its promised outcomes, say attorneys at Pillsbury.
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Opinion
We Must Allow Judges To Use Their Independent Judgment
As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.
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Series
Performing Stand-Up Comedy Makes Me A Better Lawyer
Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.
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Constitutional Foundations Of Gov't-Guaranteed Investments
For attorneys advising clients with exposure to government-backed investments, understanding the constitutional guardrails on presidential impoundment offers essential guidance for risk assessment, contract strategy and litigation planning, says Mauni Jalali at Quinn Emanuel.