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Government Contracts
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June 06, 2025
GAO Affirms Navy Choices In $44M Engineering Services Deal
The U.S. Government Accountability Office has denied a protest to a $44.3 million task order the U.S. Navy issued for engineering and installation services for a new U.S. Space Command facility in Colorado, saying it reasonably weighed proposals two Georgia companies submitted.
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June 06, 2025
Split DC Circ. Says IAF CEO Can Stay In Role
A split D.C. Circuit panel refused to block the reinstatement of the head of a federal agency that invests in Latin America and the Caribbean, concluding that the Trump administration's firing of the official was "likely invalid."
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June 06, 2025
Arizona Mining Co. Challenges $417M Ruling In Peru Dispute
Peru breached its U.S. trade agreement by imposing $417 million in penalties and interest on the unpaid royalties of an Arizona-based mining company's local operator, the company said while asking international arbiters to partially annul an award that it claimed mistakenly ignored the issue.
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June 06, 2025
GAO Denies Protest To $215M Navy IT Deal
A South Carolina company that challenged a $215 million task order for IT support services the U.S. Navy awarded to another firm failed to show the Navy botched its evaluation and comparison of their competing proposals, the U.S. Government Accountability Office found in a decision released Friday.
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June 06, 2025
Ex-CEO Nets Deal With PE Firm To End Dispute Over Firing
The former CEO of a defense industry supplier has settled his lawsuit alleging he was duped into taking the job by a North Carolina private equity firm and then fired for refusing to go along with fibs about its financial future to a major client, according to a notice filed Friday.
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June 06, 2025
Off The Bench: NASCAR Antitrust Saga, White Sox Transfer
In this week's Off The Bench, an appeals court says Michael Jordan's auto racing team cannot compete amid an antitrust suit against NASCAR, the Chicago White Sox start a long ownership transfer process, and the woman who accused a college football coach of sexual harassment sues the university over its handling of the complaint.
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June 05, 2025
'Sparse' OPM Record On Mass Firings Backs Win, Unions Say
A "sparse and self-serving" record provided by the U.S. Office of Personnel Management still shows the agency unlawfully directed federal agencies to fire probationary employees en masse, so a California federal court can reach a final decision now and "unwind" those terminations, a coalition including unions and advocacy groups said Thursday.
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June 05, 2025
Fla. High Court Denies Property Rights In Special Taxi Permits
The Florida Supreme Court on Thursday ruled taxi permits that weren't recognized by a county jurisdiction after a special district was dissolved don't constitute an unconstitutional taking by the government without compensation, saying the state Legislature repealed the licenses' property rights in 2017.
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June 05, 2025
USDA Sued Over Ending 600 Grants Via Flawed Form Letters
A group of environmental and food sustainability nonprofits hit the U.S. Department of Agriculture with a lawsuit in D.C. federal court Thursday, accusing the Trump administration of unconstitutionally exceeding its authority by abruptly rescinding nearly 600 grants via "minimally edited form letters" that had errors and lacked detailed explanations.
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June 05, 2025
Groups Call US-Salvadoran Migrant Detainee Deal Unlawful
A coalition of immigrant advocacy groups and criminal defense lawyers sued the Trump administration in D.C. federal court Thursday, alleging its agreement with El Salvador to imprison deported noncitizens for as much as $20,000 per person violates federal law.
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June 05, 2025
Feds Slam 'Flawed' Critique Of Camp Lejeune Water Expert
The U.S. Department of Justice pushed to keep its water quality expert in North Carolina federal court on Wednesday, saying that the Camp Lejeune toxic water plaintiffs' critique of him was "fundamentally flawed" and experts on both sides relied on some of the same science.
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June 05, 2025
DOD Watchdog Flags Gaps In Ivanti Vulnerability Response
A federal watchdog recommended the U.S. Department of Defense take steps to improve processes to identify and respond to computer vulnerabilities after auditing its response to a string of virtual private network software vulnerabilities Ivanti Inc. announced last year.
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June 05, 2025
States Push To Block Feds From Slashing EV Charging Funds
Sixteen states have pressed a Washington federal judge to block the Trump administration from cutting off congressionally approved funding for electric-vehicle charging infrastructure projects, saying state budgets and procurement processes are being upended by the administration's unilateral actions.
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June 05, 2025
Pa. City's Receiver Asks Court To Rein In Stormwater Board
The receiver for the bankrupt city of Chester, Pennsylvania, told a state court Thursday that the city-created stormwater authority and its board of directors violated their charter and state law by expanding the board and paying the elected officials who were on it.
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June 05, 2025
USDA Sued Over $13M Food Aid Cut In Pennsylvania
Pennsylvania sued the U.S. Department of Agriculture for pulling $13 million in funds meant for a local food purchase assistance program, telling a federal judge that the decision will have a "devastating effect" on the state's farmers and food banks contrary to the department's mission.
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June 05, 2025
Justices Revive Bid To Enforce $1.3B Indian Satellite Award
The U.S. Supreme Court on Thursday overturned a Ninth Circuit decision refusing to enforce a $1.3 billion arbitral award issued to an Indian satellite communications company, ruling that the court's outlier interpretation of a jurisdictional question was incorrect.
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June 04, 2025
GAO Tells Congress DOD Must Take Fraud Risk Seriously
The Government Accountability Office's director of forensic audits and investigative services testified Wednesday that words and actions by U.S. Department of Defense leadership have called into question the DOD's commitment to combating fraud.
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June 04, 2025
DC Judge Won't Halt Education Data Collection Rollback
A D.C. federal judge refused to halt the Department of Education's cancellation of $900 million in data maintenance and collection contracts, saying it's not the court's place to "breathe life back into" large swaths of canceled programs and monitor day-to-day statutory compliance.
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June 04, 2025
Feds Say 'No Viable Path' Forward For Calif. High-Speed Rail
The U.S. Department of Transportation said Wednesday that the California high-speed rail's overblown budget and ongoing mismanagement indicate that there's "no viable path" to completing the project on schedule, so the federal government is preparing to pull nearly $4 billion in funding.
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June 04, 2025
Trump Ordered To Explain Why Layoffs Don't Flout Injunction
A California federal judge ordered the Trump administration Wednesday to explain why preparations for layoffs at the State Department and Department of Housing and Urban Development do not violate an injunction she issued last month, saying she needed more details about the agencies' plans to evaluate their compliance.
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June 04, 2025
Deportees Urge Justices To Keep 'Basic Measure Of Fairness'
A class of deportees who are being sent to countries where they have no prior ties asked the U.S. Supreme Court on Wednesday to leave in place a preliminary injunction requiring that they be provided a meaningful opportunity to challenge their destinations, calling it "a basic measure of fairness."
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June 04, 2025
Amtrak Bribery Plot Nets Contractor Nearly 5-Year Sentence
A former executive for a masonry contractor who admitted to participating in a scheme that involved bribing an Amtrak manager to overbill the federal government $2 million in a $50 million restoration of Philadelphia's 30th Street Station was sentenced to 57 months in prison by a Pennsylvania federal court.
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June 03, 2025
Judge Upholds Navy's $84M Deal Despite Rival's Protest
A Court of Federal Claims judge rejected a Virginia company's challenge to a competitor's naval contract award, saying a decision in the company's favor would require the court to "improperly substitute its judgment" for that of the U.S. Navy.
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June 03, 2025
Senators Preview Possible National Injunction Reforms
A Senate hearing on Tuesday was marked largely by partisan fighting over whether federal courts have justifiably ruled against the Trump administration, but there were some hints that cooperation to rein in acknowledged litigation abuses such as forum shopping and universal injunctions might be possible.
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June 03, 2025
Plan Providers Must Face DOJ Overpayment Suit, Judge Says
A Maine federal judge refused to let five military healthcare plan providers escape a False Claims Act suit alleging that they knowingly pocketed millions of dollars that were overpaid, holding that U.S. Department of Justice claims against them pass muster for now.
Expert Analysis
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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.
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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 U.S. v. Regeneron Pharmaceuticals, requiring the government to prove 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’s recent efforts targeting corporate diversity, equity, inclusion and accessibility programs — including threatening possible criminal prosecution — 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’s 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 — 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’s 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’s authority, says attorney Bhavleen Sabharwal.