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Government Contracts
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March 27, 2025
9th Circ. Won't Stay Injunction Compelling Fed. Worker Rehire
A split Ninth Circuit panel has refused to block an injunction compelling the Trump administration to reinstate about 16,000 probationary employees to six federal agencies, saying the administration will likely lose its argument that the agencies weren't acting on an order from above when they fired the workers.
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March 27, 2025
Fuel Truck Exec Cops To Wildfire Bid-Rigging Scheme
The owner of a company that contracted with the U.S. Forest Service to supply fuel truck services to wildland firefighters pled guilty to conspiring with another executive to rig bids and allocate territories between 2015 and 2023.
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March 27, 2025
1st Circ. Denies Gov't Bid To Enforce Funding Freeze
The First Circuit has declined to interfere with a Rhode Island federal judge's order that the government continue releasing federal funds while the Trump administration appeals a ruling blocking its efforts to enforce the freeze.
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March 26, 2025
Musk, DOGE Get DC Circ. To Pause Discovery Order
The D.C. Circuit on Wednesday temporarily halted a lower court's order requiring Elon Musk and his Department of Government Efficiency to hand over evidence that more than a dozen states said could give insight into Musk's and DOGE's allegedly unconstitutional authority, saying the "stringent requirements" for a stay had been met.
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March 26, 2025
Sotomayor Urges Caution On Nondelegation Doctrine Revamp
U.S. Supreme Court Justice Sonia Sotomayor cautioned her colleagues during oral arguments Wednesday against using a challenge to the Federal Communications Commission's administration of a broadband subsidy program as a way to resurrect the long-dormant nondelegation doctrine. Several conservative justices, however, seemed willing to disregard that admonition.
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March 26, 2025
Judge Newman Maintains Fitness Probe Must Be Transferred
Counsel for suspended 97-year-old Federal Circuit Judge Pauline Newman on Wednesday told the D.C. Circuit that its decision to transfer ethics complaints against a senior district court judge, lodged by his own colleagues, supported her contention that her fellow circuit judges shouldn't investigate her fitness to remain on the bench.
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March 26, 2025
Board Backs Both Sides' Claims In Army Corps Contract Row
The Armed Services Board of Contract Appeals has partially backed claims from both the U.S. Army Corps of Engineers and a contractor related to delays on an installation and modification project for a Kansas City power generation and water treatment facility.
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March 26, 2025
Healthcare Providers To Pay $63M Over False Spinal Diagnoses
California-based Seoul Medical Group, its healthcare management service unit and a radiology center will pay $62.85 million to settle allegations they submitted bogus spinal condition diagnoses to the Centers for Medicare and Medicaid Services to maximize their revenue, federal prosecutors announced Wednesday.
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March 26, 2025
Coalition Says Trump Admin Flouted Federal Rehiring Order
The Trump administration responded to an injunction compelling it to rehire over 15,000 fired probationary employees by placing them on leave, not bringing them back to work, a coalition of advocates for the workers told a California federal judge Wednesday, saying the administration hasn't complied with the injunction.
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March 26, 2025
GAO Sides With Security Co. In $45M Army Corps Dispute
The U.S. Government Accountability Office has sustained a security contractor's protest over being excluded from a more than $45 million U.S. Army Corps of Engineers task order, saying the agency's solicitation was "latently ambiguous" about what information would be left out because of page limits.
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March 26, 2025
$1.1M Contract Cut Settles Foreign Vessel Row, Board Says
After determining the U.S. Army Corps of Engineers could reduce a $48 million Bahrain pier replacement contract due to a contractor tapping a foreign-flagged ship to haul materials, a military contract board agreed with the government that $1.1 million was an appropriate reduction.
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March 26, 2025
Defense Contractor To Pay $4.6M Over Cyber Compliance
Defense contractor MORSECORP Inc. agreed to pay the federal government $4.6 million to resolve a whistleblower lawsuit claiming the company did not comply with cybersecurity requirements for Army and Air Force contracts, the U.S. Department of Justice announced Wednesday.
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March 26, 2025
DOJ Can't DQ Judge In Perkins Coie Suit Over Trump Order
A D.C. federal judge on Wednesday shot down a demand from the U.S. Department of Justice that she step aside from Perkins Coie LLP's lawsuit against the federal government over President Donald Trump's executive order targeting the firm.
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March 25, 2025
Boeing, DOJ 737 Max Criminal Conspiracy Trial Set For June
Boeing Co. will face a June trial in its 737 Max criminal conspiracy case, a Texas federal court said Tuesday, in a dramatic shift in the American aerospace giant's legal saga as the company continues to renegotiate its plea agreement with the U.S. Department of Justice.
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March 25, 2025
GAO Rejects Protest Over Army's $16M Waste Collection Deal
The U.S. Government Accountability Office has rejected a protest over a $16.2 million U.S. Army waste collection contract, saying the Army reasonably decided the awardee met subcontracting limits for the deal.
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March 25, 2025
Judge Won't Halt DQ Of Contractor From Marine Corps Award
A Court of Federal Claims judge has rejected an autonomous military training company's attempt to block its disqualification from a more than $190 million Marine Corps small business contract, saying the agency had a rational basis for the disqualification decision.
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March 25, 2025
Jenner & Block Latest BigLaw Firm Targeted In Trump Order
President Donald Trump on Tuesday signed an executive order aimed at Jenner & Block LLP, suspending security clearances for its employees and taking other actions in response to the firm's pro bono work and a former partner's role as a top deputy to former special counsel Robert Mueller.
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March 25, 2025
Judge Orders HUD To Reinstate $30M In Housing Grants
A Massachusetts federal judge temporarily revived $30 million in housing anti-discrimination grants slashed by the Trump administration, explaining that his hands are essentially tied by a First Circuit ruling in a separate case reinstating teacher training grants.
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March 25, 2025
Doctor Defends Exam Saying Judge Newman Is Fit To Serve
A neurosurgeon who examined Federal Circuit Judge Pauline Newman and declared her fit to serve on the bench pushed back Tuesday on criticism of his evaluation made by doctors retained by the appeals court's other judges, who have suspended the 97-year-old jurist.
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March 25, 2025
Contractor Drops $1.1M Bond Dispute Against Liberty Mutual
A Delaware-based plumbing and HVAC company has withdrawn its federal suit claiming that a general contractor and Liberty Mutual improperly withheld $1.1 million in payments for work the company completed on a U.S. Army Corps of Engineers elementary school project.
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March 25, 2025
Nelson Mullins Welcomes Alt Energy Transactions Atty In NY
Nelson Mullins Riley & Scarborough LLP is bringing a Clean Energy Counsel attorney to its New York office, touting his more than three decades of experience with distributed and utility-scale energy and infrastructure projects in the United States and Latin America, especially in renewable and alternative energy finance and development.
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March 24, 2025
Contract Consolidation Under GSA Could Hurt Innovation
The pending consolidation of more than $490 billion in annual federal procurement under the General Services Administration could exacerbate the ongoing shrinking of the federal contracting base and stymie contracting innovation, undercutting its stated efficiency goal.
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March 24, 2025
FINRA Fines Pa. Broker-Dealer $1M Over Muni Bond Sales
A Pittsburgh-based brokerage has agreed to penalties and disgorgement totaling over $1 million to resolve Financial Industry Regulatory Authority claims it got undue order priority for certain new municipal bond orders by failing to mention those orders were for its own dealer account.
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March 24, 2025
Final OK Sought For $3M In Bail Bond Antitrust Deals
A proposed class alleging they overpaid for bail bonds thanks to a price-fixing conspiracy is asking a California federal court to approve $3 million in settlements inked with two of the entities.
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March 24, 2025
Investors Blame Electrotherapy Co.'s Practices For Stock Drop
Electrotherapy device maker Zynex Inc. faces a proposed investor class action claiming it harmed shareholders after it was booted from at least one insurer network for U.S. military members, allegedly due to oversupplying its customers.
Expert Analysis
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7 Tips For Associates To Thrive In Hybrid Work Environments
Excerpt from Practical Guidance
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.
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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.