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Government Contracts
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May 22, 2024
Mich. Judge Gives Final OK To Engineering Co. $8M Flint Deal
A Michigan federal judge has granted final approval of an $8 million settlement between a civil engineering company and Flint, Michigan, residents, putting to rest claims the company failed to warn them of likely lead contamination that triggered a drinking water crisis in the city.
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May 21, 2024
Ship Engineers Take Case Against Shipbuilders To 4th Circ.
A pair of naval engineers are challenging a Virginia federal judge's decision to toss their proposed class action accusing a collection of shipbuilding military contractors of entering into secret "no-poach" agreements, asking the Fourth Circuit to take up their appeal in a new filing.
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May 21, 2024
Groups Push For Official USMCA Interpretation To Nix Claims
Nearly three dozen left-leaning groups are urging North American trade officials to issue an official interpretation of a disputed provision in the U.S.-Mexico-Canada Agreement, which they say could help nix claims seeking billions of dollars that are pending against all three countries.
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May 21, 2024
NY High Court Upholds State Abortion Coverage Mandate
New York's highest court on Tuesday upheld a state law requiring employee health plans to cover medically necessary abortions, finding a 2021 U.S. Supreme Court decision didn't change the state court's determination that an exemption process in the law was constitutional.
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May 21, 2024
AT&T Unit Asks High Court To Take Up E-Rate FCA Dispute
The U.S. Supreme Court needs to step in and decide a circuit split over whether FCC reimbursements under the E-rate program count as "claims" under the False Claims Act, said an AT&T subsidiary, urging the justices to ignore a relator who it said is trying to "muddy that clear conflict."
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May 21, 2024
GAO Denies Sysco's Protest Of Up-To $126M Subsistence Deal
The U.S. Government Accountability Office denied a Sysco unit's protest of an up-to $126 million defense subsistence supply deal, saying the company failed to show the Defense Logistics Agency had to consider the awardee's performance on a similar interim deal.
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May 21, 2024
Copyright Claims Against Defense Agencies Go To Trial
A Court of Federal Claims judge has ruled that a geospatial technology firm's copyright infringement claims against defense agencies must go to trial, citing disputed facts about whether related software was effectively created on the government's time and dime.
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May 21, 2024
Towing Co. Denies Liability For Chicago Scrapping Rule
Chicago's contracted towing company says it is not the "moving force" behind a policy at the center of a proposed class action by Windy City residents whose vehicles were scrapped because they failed to pay tickets.
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May 21, 2024
Feds Fight Philly Port Authority's River Expansion Suit
The U.S. Army Corps of Engineers has denied allegations made by the Philadelphia Regional Port Authority that building a new port on the Delaware River southwest of Philadelphia would cut off shipping business to the city in favor of the First State.
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May 21, 2024
Caterpillar To Pay $800K To End DOL Race Bias Probe
Heavy equipment manufacturer Caterpillar Inc. has agreed to pay $800,000 to resolve U.S. Department of Labor allegations that it refused to hire qualified Black applicants for welding positions at an Illinois facility, the agency said Tuesday.
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May 21, 2024
Strategic Hiring Was The New Normal For BigLaw In 2023
The 400 largest law firms by headcount in the U.S. grew more slowly in 2023 than in the previous two years, while Kirkland & Ellis LLP surpassed the 3,000-attorney threshold, according to the latest Law360 ranking.
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May 21, 2024
The Law360 400: Tracking The Largest US Law Firms
The legal market expanded more tentatively in 2023 than in previous years amid a slowdown in demand for legal services, especially in transactions, an area that has been sluggish but is expected to quicken in the near future.
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May 21, 2024
Construction Groups Press To Halt DOL Prevailing Wage Rule
The U.S. Department of Labor's final rule regulating prevailing wages under the Davis-Bacon Act creates tangible damage and a Texas federal court should stop it, a group of construction groups suing the department said.
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May 20, 2024
Ex-IRS Agent, Five Others Sentenced In COVID Fraud Scheme
A former Internal Revenue Service agent, his brother and four other defendants have pled guilty to participating in a scheme that netted more than $3 million in fraudulent COVID-19 pandemic relief loans.
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May 20, 2024
Lab Says GSK Hid Zantac Cancer Risk From Feds For Decades
A Connecticut laboratory claims that GlaxoSmithKline defrauded federal health insurance programs for billions by hiding for 40 years that Zantac decomposes into a carcinogen even when just sitting on the shelf, in a lawsuit filed Monday in Pennsylvania federal court.
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May 20, 2024
SolarWinds Accuses SEC Of 'Troubling Pattern' Of Distortion
SolarWinds Corp. is calling out the U.S. Securities and Exchange Commission for what it deems to be a "troubling pattern" of overstating its case against the government contractor, saying that a recent admission by the agency "dooms" claims that the company knew a customer had been hacked and failed to report it.
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May 20, 2024
DOJ Says Google Ad Tech Case About Coercion, Not Dealing
The U.S. Department of Justice urged a Virginia federal judge Friday to preserve its case accusing Google of monopolizing key digital advertising technology, arguing the search giant is misconstruing a case that is really about forcing customers to use its ad exchanges, not about who the company does business with.
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May 20, 2024
Fed. Circ. Says Co. Wrongly DQ'd From USPS Screening Deal
The Federal Circuit has revived a company's potential eligibility for U.S. Postal Service canine mail screening contracts, ruling the USPS reasonably found the company had mitigated conflicts of interest related to its prior work for the service.
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May 20, 2024
6th Circ. Won't Revive Challenge To $39B Student Debt Relief
A pair of libertarian think tanks cannot revive their lawsuit challenging the Biden administration's plan to wipe out $39 billion in student loan debt, the Sixth Circuit ruled Friday, saying the groups haven't shown the government's plan puts them at a disadvantage to recruit indebted lawyers and other employees.
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May 20, 2024
DOL, Fringe Benefit Co. Strike Deal In Funds Management Suit
A fringe benefits company and two of its executives have agreed to pay over $4 million to resolve a U.S. Department of Labor lawsuit alleging they mismanaged funds meant for government contractor employees' benefits, the federal government told a Maryland federal court.
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May 20, 2024
Mich. Town Can't Block $2B Battery Plant, Judge Rules
A Michigan federal judge has ordered that Green Charter Township can't prevent Gotion Inc.'s upcoming battery components plant, in which the company plans on investing more than $2 billion, from moving forward.
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May 20, 2024
Nonprofits Renew Bid To Enter Red States' Border Wall Suit
Two nonprofits urged a Texas federal court to add them to a challenge to the Biden administration's plans to use border wall appropriations for remediation projects, saying they were shocked by the administration's acceptance of an order suspending the plan.
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May 20, 2024
Latham Hires 2 Skadden Healthcare Partners In DC
Latham & Watkins LLP has picked up two healthcare and life sciences partners from Skadden Arps Slate Meagher & Flom LLP in Washington, D.C., the firm announced Monday.
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May 20, 2024
Ex-Conn. Town Atty Sues Over 'False' Ethics Complaint
Former Newington, Connecticut, town attorney Benjamin Ancona Jr. and other former officials took the Hartford-area suburb to state court claiming the town's assessor and others defamed them in and regarding a now-dismissed ethics complaint that was purportedly loaded with false statements.
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May 20, 2024
China Sanctions 3 US Firms For Arms Sales To Taiwan
The Chinese Government has sanctioned units of Boeing, General Atomics and General Dynamics over the companies' sales of weapons to Taiwan, barring the companies from trade or investment in China, citing alleged threats to its sovereignty.
Expert Analysis
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Tips For Litigating Against Pro Se Parties In Complex Disputes
Litigating against self-represented parties in complex cases can pose unique challenges for attorneys, but for the most part, it requires the same skills that are useful in other cases — from documenting everything to understanding one’s ethical duties, says Bryan Ketroser at Alto Litigation.
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Contracts Disputes Recap: Expect Strict Application Of Rules
Zachary Jacobson and Sarah Barney at Seyfarth examine four recent cases highlighting the importance, for both contractors and government agencies, of strict compliance with the Contract Disputes Act’s jurisdictional requirements and with the Federal Acquisition Regulation's remedy-granting clauses.
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Unpacking The FAR Council's Cybersecurity Rules Proposal
New reporting and information sharing requirements in the Federal Acquisition Regulatory Council's recently proposed cybersecurity regulations would create new False Claims Act enforceability risks, and could be a focus for the U.S. Department of Justice's Civil Cyber Fraud Initiative, say Townsend Bourne and Lillia Damalouji at Sheppard Mullin.
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Pro Bono Work Is Powerful Self-Help For Attorneys
Oct. 22-28 is Pro Bono Week, serving as a useful reminder that offering free legal help to the public can help attorneys expand their legal toolbox, forge community relationships and create human connections, despite the challenges of this kind of work, says Orlando Lopez at Culhane Meadows.
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Series
Playing In A Rock Cover Band Makes Me A Better Lawyer
Performing in a classic rock cover band has driven me to hone several skills — including focus, organization and networking — that have benefited my professional development, demonstrating that taking time to follow your muse outside of work can be a boon to your career, says Michael Gambro at Cadwalader.
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Series
The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'
The murder trials in Netflix’s “The Lincoln Lawyer” illustrate the stark contrast between the ethical high ground that fosters and maintains the criminal justice system's integrity, and the ethical abyss that can undermine it, with an important reminder for all legal practitioners, say Judge Adam Espinosa and Andrew Howard at the Colorado 2nd Judicial District Court.
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Bid Protest Spotlight: Deference Limit, Close-At-Hand Doctrine
In this month's bid protest roundup, Roke Iko at MoFo examines a recent decision from the U.S. Court of Federal Claims about the parameters of agency deference, and one from the U.S. Government Accountability Office that highlights the risk to offerors of relying heavily on evaluators’ prior knowledge.
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New DOJ Roles Underscore National Security Focus
The U.S. Department of Justice’s recent creation of two new leadership positions signals to the private sector that federal law enforcement is pouring resources into corporate investigations to identify potential national security violations, say attorneys at Ballard Spahr.
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Opinion
Newman Suspension Shows Need For Judicial Reform
The recent suspension of U.S. Circuit Judge Pauline Newman following her alleged refusal to participate in a disability inquiry reveals the need for judicial misconduct reforms to ensure that judges step down when they can no longer serve effectively, says Aliza Shatzman at The Legal Accountability Project.
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Lessons From Verizon's Cybersecurity FCA Self-Disclosure
A Verizon unit’s recent agreement to settle allegations of cyber-related False Claims Act violations illustrates the interplay between the government's prioritization of cybersecurity enforcement and the potential benefits of voluntarily disclosing cybersecurity failures, says Denise Barnes at Honigman.
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How And Why Your Firm Should Implement Fixed-Fee Billing
Amid rising burnout in the legal industry and client efforts to curtail spending, pivoting to a fixed-fee billing model may improve client-attorney relationships and offer lawyers financial, logistical and stress relief — while still maintaining profit margins, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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Unpacking OMB's Proposed Uniform Guidance Rewrite
Affected organizations, including state and local governments, should carefully review the Office of Management and Budget's proposed overhaul of uniform rules for administering over $1 trillion in federal funding distributed each year, and take the opportunity to submit comments before the December deadline, says Dismas Locaria at Venable.
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Opinion
Judicial Independence Needs Defense Amid Political Threats
Amid recent and historic challenges to the judiciary from political forces, safeguarding judicial independence and maintaining the integrity of the legal system is increasingly urgent, says Robert Peck at the Center for Constitutional Litigation.
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How Law Firms Can Use Account-Based Marketing Strategies
Amid several evolving legal industry trends, account-based marketing can help law firms uncover additional revenue-generating opportunities with existing clients, with key considerations ranging from data analytics to relationship building, say Jennifer Ramsey at stage LLC and consultant Gina Sponzilli.
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Strategic Succession Planning At Law Firms Is Crucial
Senior partners' reluctance to retire, the rise of the nonequity partner tier and generational differences in expectations are all contributing to an increasing number of departures from BigLaw, making it imperative for firms to encourage retirement among senior ranks and provide clearer leadership pathways to junior attorneys, says Laura Leopard at Leopard Solutions.