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Government Contracts
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June 12, 2025
Eurofinsa Can Begin Seizing Gabonese Assets, Court Says
A D.C. federal judge Wednesday gave the green light to a Spanish construction company to begin seizing assets owned by Gabon to enforce a nearly $18 million arbitral award, in a proceeding that the African nation has ignored since it was filed nearly two years ago.
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June 12, 2025
Philly Suburb Retirees Sue Ch. 9 Receiver Over Asset Sale
A committee of retired city employees sued the Chapter 9 receiver overseeing the city of Chester, Pennsylvania's municipal bankruptcy, arguing that by requiring water system assets be sold to a publicly owned entity, the receiver is forgoing private bids that could generate an extra $270 million for the city's creditors.聽
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June 12, 2025
Clark Hill Grows Gov't Contracts Team With Army Atty In Texas
Clark Hill PLC has added a former legal leader in the U.S. Army Futures Command to the firm's Austin office, strengthening its government contracts and regulation team with an attorney who has handled federal government contract law matters for 20 years.
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June 12, 2025
Grand Jury Indicts Florida Man For Fuel Purchase Scheme
A Miami grand jury indicted a South Florida man on wire fraud, forgery and money laundering charges for allegedly defrauding the U.S. government out of millions of dollars for phony fees and expenses associated with fuel orders, federal prosecutors said Wednesday.
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June 12, 2025
Former Chief US Atty In South Carolina Joins Nelson Mullins
Brook Andrews, the former chief federal prosecutor for South Carolina, who played a key role in prosecuting the "nukegate" scandal and oversaw the government's team in the high-profile fraud case against convicted double murderer and disgraced lawyer Alex Murdaugh, has joined Nelson Mullins Riley & Scarborough LLP.
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June 12, 2025
GSA Contract Did Not Allow $734K Deduction, Board Says
The U.S. Civilian Board of Contract Appeals ordered the General Services Administration to pay $734,000 to a company tapped to service federal buildings, ruling that a contract did not authorize the GSA to unilaterally deduct payments just because the company failed to meet staffing requirements.
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June 12, 2025
Justices Limit FTCA Defense In FBI Raid Case
The U.S. Supreme Court on Thursday held that the Constitution's supremacy clause cannot shield the federal government from Federal Tort Claims Act suits, in the process reviving a Georgia woman's claim over an FBI raid aimed at a gang member but mistakenly carried out at her home.
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June 11, 2025
4th Circ. Urged To Rethink Block On Federal Grant Restoration
A group of nonprofits and cities asked the Fourth Circuit to reconsider its decision blocking an order that restored 32 congressionally funded grants frozen by the Trump administration, arguing Tuesday that the circuit's approach "would enable the Executive Branch to evade judicial review and unconstitutional actions to go unchecked."
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June 11, 2025
DOJ's Focus On Cartels Raises Compliance Risks For US Cos.
U.S. corporations with business interests south of the border are increasingly worried about exposure to terrorism-related criminal charges under the Trump administration for inadvertently working with cartels linked to major business sectors throughout Mexico, from energy and manufacturing to financial services, compliance experts tell Law360.
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June 11, 2025
VA Contractor To Pay $4.3M To Resolve Overbilling Claims
Healthcare technology company Omnicell Inc. has agreed to pay more than $4.3 million to settle allegations it fraudulently overcharged the U.S. Department of Veterans Affairs for medical products and software, federal prosecutors said Wednesday.
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June 11, 2025
Ga. Hospice Provider Pays $9.2M To End Kickback Case
A Georgia hospice care provider and its CEO forked over $9.2 million to settle claims that they violated federal fraud laws by participating in a kickback scheme with medical directors who referred hospice patients to the group, prosecutors announced Wedesnday.
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June 11, 2025
GAO Tells Congress DOD Needs To Up Its Acquisition Game
U.S. Department of Defense acquisition programs need to be radically reformed to keep pace with technological advancements and adversaries' adoption of new technologies, the U.S. Government Accountability Office told a House subcommittee Wednesday.
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June 11, 2025
Denver Appeals Decision Limiting Dam's Expansion
The City and County of Denver has asked the Tenth Circuit to review a lower court decision that barred its municipal water utility from fully completing a hydroelectric dam expansion project.
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June 11, 2025
GAO Denies Protest Over $116M Air Force Task Order
The U.S. Government Accountability Office found no problems with the Air Force's decision to issue a $116 million task order for intranet support services to Abacus Technology Corp., denying a protest lodged by a Virginia-based competitor.
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June 11, 2025
Queens Defenders Ex-Director Charged With Embezzling
A former executive director of Queens Defenders and her husband are charged with embezzling $60,000 from the organization and spending it on personal expenses including rent for a penthouse apartment, luxury goods, vacations and teeth-whitening procedures, prosecutors say in an indictment unsealed Wednesday in New York federal court.
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June 11, 2025
3rd Circ. Sends Dow Pollution Suit Back To NJ State Court
The Third Circuit on Wednesday said New Jersey's lawsuit accusing Dow Chemical Co. of causing widespread groundwater pollution through a product containing a potentially cancer-causing compound should be heard in state court, rejecting the chemical company's argument that it was acting under the direction of the federal government.
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June 11, 2025
Lockheed Not Liable For Reporting Employee To Government
Lockheed Martin is shielded from a former employee's defamation and other claims that were based on the defense contractor's mandatory reporting of suspected misconduct, a Massachusetts intermediate appellate court ruled Wednesday.
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June 11, 2025
Oklahoma Pot Agency Wants Claims Tossed In Retaliation Suit
The Oklahoma Medical Marijuana Authority is urging a federal court to throw out Title VII and Age Discrimination in Employment Act claims in a suit by a former contract monitor who alleges she was fired for whistleblowing.
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June 10, 2025
10th Circ. Affirms Toss Of USPS Contractor's $500M Suit
The Tenth Circuit on Tuesday refused to revive a U.S. Postal Service contractor's $500 million lawsuit accusing USPS of misappropriating its confidential business information and wrongfully terminating their long-running relationship, affirming a lower court's toss of tort and contract claims.
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June 10, 2025
Feds Reboot FCPA Agenda With Narrower Enforcement Focus
The U.S. Department of Justice on Tuesday released new and tightened guidelines for enforcement of the Foreign Corrupt Practices Act after a four-month pause on such prosecutions, centering prospective investigations on situations that affect U.S. competitiveness and national security as well as transnational cartels.
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June 10, 2025
Feds Aim To Trim Ga. Suit Over Air Force Wall Collapse Death
The U.S. government has urged a Georgia federal judge to dismiss negligent inspection and maintenance claims by the parents of a teen killed when a partition wall at Robins Air Force Base collapsed, arguing they are barred under the Federal Tort Claims Act.
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June 10, 2025
Space Exploration Co. Voyager Prices Upsized $383M IPO
Defense and space exploration firm Voyager on Tuesday priced a larger-than-projected $383 million initial public offering above its marketed range, guided by Latham & Watkins LLP and underwriters' counsel Simpson Thacher & Bartlett LLP.聽
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June 10, 2025
Health Records Co. Looks To Toss Patient Data Access Case
PointClickCare is urging a Maryland federal court to toss a case seeking to force the medical records company to allow Real Time Medical Systems to access patient data with automated bots after the Fourth Circuit refused to lift an order requiring access while the case plays out.
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June 10, 2025
No Entitlement To A Cannabis Retail License, NJ Town Says
A New Jersey municipality urged a federal court on Monday to toss a suit from a cannabis company alleging its constitutional rights were violated when the town denied its retail license application, arguing that there is no protected property interest in the issuance of the license.
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June 10, 2025
DOJ Denies Axing Public Safety Grants 'En Masse'
The U.S. Department of Justice said it "carefully and individually" reviewed thousands of public safety grants before canceling hundreds of the agreements earlier this year and urged a D.C. federal judge to toss a class action contesting the grant terminations.
Expert Analysis
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Contractor Liability When Directing Subcontractor Workforce
A recent Virginia Court of Appeals decision that rejected a subcontractor employee鈥檚 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.
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How Law Firms Can Counteract The Loneliness Epidemic
The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.
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5 Keys To Building Stronger Attorney-Client Relationships
Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.
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Drug Kickback Ruling Will Make FCA Liability Harder To Prove
The First Circuit's ruling in聽U.S. v. Regeneron Pharmaceuticals, requiring the government to prove聽but-for causation to establish False Claims Act liability based on violations of the Anti-Kickback Statute, raises the bar for FCA enforcement and deepens a circuit split that the U.S. Supreme Court may need to resolve, say attorneys at Baker Donelson.
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Assessing PE Risk After Mass. False Claims Act Amendments
A law recently passed in Massachusetts amends the commonwealth's False Claims Act by dramatically expanding potential liability for private equity firms and investors, underscoring the importance of robust diligence and risk assessments for private equity firms conducting transactions in the commonwealth, say attorneys at Gibson Dunn.
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A Path Forward For Cos. Amid Trump's Anti-DEIA Efforts
Given the Trump administration鈥檚 recent efforts targeting corporate diversity, equity, inclusion and accessibility programs 鈥 including threatening possible criminal prosecution 鈥 companies should carefully tailor their DEIA initiatives to comply with both the letter and the spirit of antidiscrimination law, say attorneys at Pillsbury.
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Workforce Data Collection Considerations After DEI Order
Following President Donald Trump's executive order targeting diversity, equity and inclusion efforts, employers should balance the benefits of collecting demographic data with the risk of violating the order鈥檚 prohibition on "illegal DEI," say Lynn Clements at Berkshire Associates, David Cohen at DCI Consulting and Victoria Lipnic at Resolution Economics.
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Contract Disputes Recap: Liability Test, Termination Claims
Zachary Jacobson at Seyfarth examines three recent decisions from the Armed Services Board of Contract Appeals and the Civilian Board of Contract Appeals that examine the limits of designer liability under the architect-engineer clause and key processes for claim recovery when a contract is terminated for convenience.
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Series
Racing Corvettes Makes Me A Better Lawyer
The skills I use when racing Corvettes have enhanced my legal practice in several ways, because driving, like practicing law, requires precision, awareness and a good set of brakes 鈥 complete with the wisdom to know how and when to use them, says Kat Mateo at Olshan Frome.
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Questions Remain After Justices' Narrow E-Rate FCA Ruling
The U.S. Supreme Court鈥檚 recent decision in Wisconsin Bell, holding that requests for reimbursement from the Federal Communications Commission's E-Rate program are subject to False Claims Act liability, resolves one important question but leaves several others open, says Jason Neal at HWG.
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How DOGE's Severance Plan May Affect Federal Employees
President Donald Trump's administration, working through the Department of Government Efficiency, recently offered a severance package to nearly all of the roughly 2 million federal employees, but unanswered questions about the offer, coupled with several added protections for government workers, led to fewer accepted offers than expected, says Aaron Peskin at Kang Haggerty.
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Opinion
Attorneys Must Act Now To Protect Judicial Independence
Given the Trump administration's recent moves threatening the independence of the judiciary, including efforts to impeach judges who ruled against executive actions, lawyers must protect the rule of law and resist attempts to dilute the judicial branch鈥檚 authority, says attorney Bhavleen Sabharwal.
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Rethinking 'No Comment' For Clients Facing Public Crises
鈥淣o comment鈥 is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.
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How Design Thinking Can Help Lawyers Find Purpose In Work
Lawyers everywhere are feeling overwhelmed amid mass government layoffs, increasing political instability and a justice system stretched to its limits 鈥 but a design-thinking framework can help attorneys navigate this uncertainty and find meaning in their work, say law professors at the University of Michigan.
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10 Issues To Watch In Aerospace And Defense Contracting
This year, in addition to evergreen developments driven by national security priorities, disruptive new technologies and competition with rival powers, federal contractors will see significant disruptions driven by the new administration鈥檚 efforts to reduce government spending, regulation and the size of the federal workforce, say attorneys at Thompson Hine.