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Government Contracts
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February 05, 2025
Judge Sides With DC In Telecom's School Network Suit
A D.C. federal judge has ruled in favor of the Washington, D.C., government in a lawsuit accusing the district's public school system of improperly tapping one of its own agencies to provide network services over incumbent Allied Telecom's bid.
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February 05, 2025
Palantir Backs Percipient.ai In 'Interested Party' Dispute
Palantir Technologies Inc. and the National Industries for the Blind are both supporting artificial intelligence company Percipient.ai Inc. in a dispute with the U.S. government over who has standing to challenge unlawful federal procurements.
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February 05, 2025
Worker, Nonprofit Mental Health Co. Agree To End Work Row
A former case manager sanctioned for faking evidence and the nonprofit mental health and addiction treatment center she accused of not paying full wages told a North Carolina federal court they agreed to end the case a month before the trial was set to start.
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February 05, 2025
Government Contracts Group Of The Year: Seyfarth Shaw
Seyfarth Shaw LLP had the most GAO bid protest wins during a 12-month period spanning the bulk of 2024, setting precedent and prompting regulatory changes in several of those cases, earning the firm a spot among 2024 Law360 Government Contracts Groups of the Year.
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February 04, 2025
9th Circ. Revives FCA Suit Over Military Meds Deliveries
The Ninth Circuit on Tuesday revived a whistleblower lawsuit accusing Express Scripts Inc. of defrauding the U.S. Department of Defense out of billions of dollars in unnecessary medications for military personnel, saying the lawsuit wasn't barred by any public disclosures of the alleged fraud.
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February 04, 2025
Turkish Construction Co. Wins OK Of $22M Libya Award
A D.C. federal judge on Tuesday enforced a $21.9 million arbitral award against Libya issued by a Swiss tribunal in a dispute over decades-old unpaid public works contracts, rejecting the country's argument that the case should be stayed during parallel enforcement proceedings in Turkey and Curaçao.
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February 04, 2025
Baltimore, Advocacy Groups Sue Trump Over Anti-DEI Orders
The city of Baltimore and a coalition of academic and restaurant advocacy groups hit the Trump administration with a suit Monday in Maryland federal court over the president's push to curtail diversity, equity and inclusion programs, saying his executive orders are unlawfully vague and block Congress' constitutional power of the purse.
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February 04, 2025
Watchdog Says Site Selection For New FBI Building Flawed
A U.S. General Services Administration watchdog found that the GSA's contentious process for determining the site for a new FBI headquarters involved several flaws that made it difficult for site selection officials to accurately decide between proposed locations.
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February 04, 2025
Colo. Hid Problems With Fiber-Optic Install Project, Suit Says
A Colorado telecommunications contractor has sued the state Department of Transportation for allegedly hiding problems with a fiber-optic installation project that delayed completion for two summers, claiming the department has refused to properly compensate it for the hold-ups.
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February 04, 2025
Fed. Circ. Says Gov't Properly Ended USCIS Lease After Flood
The Federal Circuit ruled Tuesday that the federal government reasonably terminated a lease for a U.S. Citizenship and Immigration Services field office because of water damage, saying the lease allowed the government to determine when the office was untenantable.
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February 04, 2025
5th Circ. Backs Biden's Gov't Contractor Wage Hike
The Fifth Circuit upended on Tuesday a ruling that blocked an executive order increasing the minimum wage for federal contractors to $15 per hour, saying former President Joe Biden acted within his authority when he put forward the regulation because it was intended to promote economy and efficiency.
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February 04, 2025
Trump Names Sen. Cruz Aide To Lead NTIA
The White House is nominating Arielle Roth, a top aide to Sen. Ted Cruz, R-Texas, and an outspoken critic of what she called the National Telecommunications and Information Administration's "woke social agenda," to head up the agency.
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February 04, 2025
Boeing Supplier Tells 5th Circ. To Ax Texas Biz Records Law
Boeing supplier Spirit AeroSystems Inc. cited U.S. Supreme Court precedent in urging the Fifth Circuit to uphold a lower court finding that a Texas statute requiring businesses to immediately comply with the state's demand to examine business records is facially unconstitutional.
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February 04, 2025
Government Contracts Group Of The Year: Bradley Arant
Bradley Arant Boult Cummings LLP's efforts leading a complicated multiparty dispute over a $60.7 billion U.S. Department of Veterans Affairs contract have earned the firm a spot as one of the 2024 Law360 Government Contracts Groups of the Year.
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February 03, 2025
DOJ Poised To Prosecute Threat-Makers Against DOGE
A federal prosecutor appointed by President Donald Trump offered Elon Musk his office's support to "protect" the work of the newly created Department of Government Efficiency headed by the billionaire businessman, including "legal action against anyone who impedes your work or threatens your people."
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February 03, 2025
Allergan Tells 4th Circ. Medicaid Pricing Suit Rightly Tossed
Allergan told the Fourth Circuit that a district court judge was right to dismiss a whistleblower's claims that its predecessor overcharged Medicaid by not aggregating discounts, saying the Medicaid Rebate Statute doesn't require it to do so.
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February 03, 2025
Army Corps Can't Prove $4M Contractor Negligence Claim
The Armed Services Board of Contract Appeals has sustained an engineering contractor's appeal over a $4.2 million claim by the U.S. Army Corps of Engineers, saying the Corps hadn't shown negligence in an allegedly faulty dam drain design.
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February 03, 2025
Faulty LA County Wildfire Alerts Probed By Congress
A group of U.S. House of Representatives members from Los Angeles County launched an investigation Monday into false-alarm evacuation warnings accidentally sent to nearly 10 million people during last month's deadly wildfires, saying the incident "raises serious questions" about the Federal Emergency Management Agency's mobile alert system.
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February 03, 2025
DC Circ. Rejects Newman's Bid To Unseal Suspension Docs
The D.C. Circuit on Monday denied U.S. Circuit Judge Pauline Newman's request to unseal documents about her suspension for refusing to participate in an investigation into her fitness, saying such documents are confidential unless both the judge under investigation and the chief judge agree to release them.
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February 03, 2025
Sotomayor Clears Path For Retrial In Landmark Graft Case
U.S. Supreme Court Justice Sonia Sotomayor lifted a temporary pause Monday on a public corruption case that resulted in a landmark 2023 decision eliminating the right-to-control theory of fraud, clearing the way for a retrial on a traditional theory of property fraud.
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February 03, 2025
DC Judge Joins RI In Blocking Trump Funding Freeze
A D.C. federal judge on Monday temporarily blocked the Trump administration from implementing a freeze on federal spending while a group of nonprofits sue over the move, ruling the pause appears to "suffer from infirmities of a constitutional magnitude."
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February 03, 2025
Calif. City On The Hook In Contractor Wage Fight, Panel Says
The city of Long Beach, California, could be required to foot the bill for arbitration awards rendered against an oil company subcontractor in workers' wage lawsuits, a state appellate panel ruled, saying an arbitration decision holds as much weight as any other court order and can trigger liability for indemnity.
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January 31, 2025
Funding Freezes 'Commonplace,' Feds Tell DC Judge
The Trump administration is asking a D.C. federal judge to throw out a lawsuit challenging a freeze on federal spending outlined in a since-rescinded memo from the White House budget office, telling the court that the withdrawal moots the litigation.
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January 31, 2025
Trump's Funding Moves Create Heartburn For Energy Cos.
The Trump administration's about-face on a federal funding freeze hasn't assuaged energy companies' fears that grants and loans they've been awarded may be in jeopardy, presenting legal and practical risks for projects counting on government cash.
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January 31, 2025
Trump Ties DOT Funds To Immigration And Other Dictates
The Trump administration's Department of Transportation says it's not going to provide federal assistance to any states that don't comply with its efforts to deport as many people as possible or those that have vaccine or mask mandates.
Expert Analysis
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Pros And Cons Of 2025 NDAA's Space Contracting Proposal
The introduction of a Commercial Augmentation Space Reserve fleet in the pending 2025 National Defense Authorization Act presents a significant opportunity for space and satellite companies — despite outstanding questions, and potential risks, for operators, say attorneys at Wiley.
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3 Healthcare FCA Deals Provide Self-Disclosure Takeaways
Several civil False Claims Act settlements of alleged healthcare fraud violations over the past year demonstrate that healthcare providers may benefit substantially from voluntarily disclosing potential misconduct to both the U.S. Department of Justice and the U.S. Department of Health and Human Services, say Brian Albritton and Raquel Ramirez Jefferson at Phelps Dunbar.
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Heading Off Officials' Errors When Awarded A Gov't Contract
Government contractors awarded state or local projects funded through federal programs should seek clarification of their compliance obligations, documenting everything, or risk having to defend themselves when they seek reimbursement months later, with only their word for support, says George Petel at Wiley.
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2nd Circ. Ruling May Limit Discovery In Int'l Arbitration
The Second Circuit's recent Webuild v. WSP decision, affirming a discovery order's nullification in arbitration between Webuild and the government of Panama, demonstrates courts' unwillingness to find that arbitral tribunals in investor-state cases fall within the scope of the discovery statute, say attorneys at Cleary.
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Justices' Intent Witness Ruling May Be Useful For Defense Bar
At first glance, the U.S. Supreme Court’s recent Diaz v. U.S. decision, allowing experts to testify to the mental state of criminal defendants in federal court, gives prosecutors a new tool, but creative white collar defense counsel may be able to use the same tool to their own advantage, say Jack Sharman and Rachel Bragg at Lightfoot Franklin.
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How To Grow Marketing, Biz Dev Teams In A Tight Market
Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.
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What Patent Litigators Should Know About CHIPS Act Grants
With the U.S. Department of Commerce now actively awarding grants under the CHIPS and Science Act, recipients should ensure they understand the implications of promises to construct new semiconductor manufacturing facilities, especially in jurisdictions with active patent litigation dockets, say Gabriel Culver and Peter Hillegas at Norton Rose.
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Unpacking HHS' Opinion On Cell Therapy Refund Programs
A recent advisory opinion from the U.S. Department of Health and Human Services, determining that a biopharma company's refund program for its cell therapy will not be penalized, indicates an encouraging willingness to engage, but the regulator's assumptions about the program's limited term warrant a closer look, says Mary Kohler at Kohler Health.
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Series
Rock Climbing Makes Me A Better Lawyer
Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.
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Contract Disputes Recap: Preserving Payment Rights
Stephanie Magnell and Zachary Jacobson at Seyfarth examine three recent decisions that together illustrate the importance of keeping accurate records and adhering to contractual procedures to avoid inadvertently waiving contractual rights to cost reimbursements or nonroutine payments.
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Think Like A Lawyer: Dance The Legal Standard Two-Step
From rookie brief writers to Chief Justice John Roberts, lawyers should master the legal standard two-step — framing the governing standard at the outset, and clarifying why they meet that standard — which has benefits for both the drafter and reader, says Luke Andrews at Poole Huffman.
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Recent Settlement Shows 'China Initiative' Has Life After Death
Though the U.S. Department of Justice shuttered its controversial China Initiative two years ago, its recent False Claims Act settlement with the Cleveland Clinic Foundation demonstrates that prosecutors are more than willing to civilly pursue research institutions whose employees were previously targeted, say attorneys at Benesch.
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DOJ Innovasis Settlement Offers Lessons On Self-Disclosure
The recent $12 million settlement with Innovasis and two of its executives demonstrates the U.S. Department of Justice's continued prioritization of Anti-Kickback Statute enforcement amid the growing circuit split over causation, and illustrates important nuances surrounding self-disclosure, say Denise Barnes and Scott Gallisdorfer at Bass Berry.
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Bid Protest Spotlight: Standing, Prejudice, Conflicts
In this month's bid protest roundup, Caitlin Crujido at MoFo examines three recent decisions from the U.S. Government Accountability Office concerning whether a would-be protestor was an interested party with standing, whether an agency adequately investigated potential procurement violations and whether a proposed firewall sufficiently addressed an impaired objectivity organizational conflict of interest.
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How Contractors Can Prep For DOD Cybersecurity Rule
The proverbial clock is ticking for defense contractors and subcontractors to strengthen their compliance posture in preparation for the rollout of the highly anticipated Cybersecurity Maturity Model Certification program, so those affected should analyze their existing security standards and take proactive steps to fill in any significant gaps, say Beth Waller and Patrick Austin at Woods Rogers.