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Government Contracts
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April 02, 2025
DOD Must Justify Noncompetitive Commissary Food Deal
The U.S. Government Accountability Office has backed a food distributor's protest over a Defense Commissary Agency fresh food supply deal, finding the agency wrongly failed to justify its use of a noncompetitive award.
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April 02, 2025
'Ashamed' COVID Fraudster Asks To Keep Firefighter Pension
A former West Haven, Connecticut, municipal employee testified Wednesday that he is "ashamed" of stealing tens of thousands of dollars of COVID-19 relief money from the city, but he is asking a state court judge to prevent the attorney general's office from docking or revoking the pension that he separately earned as a New Haven firefighter.
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April 02, 2025
NY Judge Sanctions Attys For Adding Claims In Bad Faith
Lawyers representing an education resources supplier that sued its business partner over allegations of price-fixing and bid-rigging within the New York City school system have been sanctioned for repeatedly attempting to add claims to unauthorized amended complaints in what a federal judge said was bad faith.
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April 02, 2025
Longtime Philly Federal Prosecutor Rejoins Berger Montague
A former assistant U.S. attorney has returned to Berger Montague's Philadelphia office after more than 25 years, with plans to continue fighting on behalf of consumers and investors who have been wronged.
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April 01, 2025
Ex-Microsoft Manager Says He Was Fired For Whistleblowing
A former project manager for Microsoft says he was fired after flagging compliance issues and misconduct, including being forced to leak sensitive data from client Freddie Mac's workforce platform and being asked to falsify a report to cover up fraud, according to a suit filed Monday in Texas federal court.
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April 01, 2025
Dominion Voting System Challenge Tossed After A Year Wait
More than a year after a 17-day bench trial in early 2024, a Georgia federal judge has dismissed a lawsuit challenging the legality of the state's electronic in-person voting system, finding the plaintiffs lacked standing to assert they were injured by the use of the devices.
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April 01, 2025
GAO Supports VA's Rejection Of Wheelchair Services Bid
The U.S. Department of Veterans Affairs reasonably rejected a business's proposal to provide wheelchair transportation services at an Atlanta medical center for failing to include details about how much it would charge for wait times, the U.S. Government Accountability Office said.
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April 01, 2025
DOD Parts Maker To Pay $15.7M Over Non-Military Grade Parts
An electrical parts maker has reached a $15.7 million deal to resolve False Claims Act allegations that it falsely certified certain parts as military-grade when those parts weren't tested as required, the U.S. Department of Justice announced Tuesday.
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April 01, 2025
Trump Admin Fights Wash.'s Bid To Expand Layoff Injunction
The Trump administration has urged a California federal judge to reject the state of Washington's request to expand an injunction blocking federal agencies from firing probationary employees, saying the bid to broaden the order to other agencies is unnecessary and based on unfounded speculation of harm.
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April 01, 2025
GAO Faults Army's Experience Assessment On $544M Deal
The U.S. Government Accountability Office has sustained a protest over a $544.35 million U.S. Army communications support services deal, saying the Army did not assess the past performance of the contractor in line with its solicitation.
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April 01, 2025
Willkie Becomes 3rd Firm To Reach Deal With Trump
After issuing a string of executive orders in recent weeks targeting BigLaw firms, President Donald Trump announced Tuesday that Willkie Farr & Gallagher LLP had agreed to provide $100 million in pro bono legal services for certain causes and to refrain from what Trump has called discriminatory diversity hiring practices.
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April 01, 2025
6th Circ. Lets Feds End Whistleblower's NASA Contractor Suit
The Sixth Circuit stood by a lower court's decision to let the federal government intervene and successfully seek dismissal for a whistleblower's False Claims Act suit against a NASA contractor, applying a 2023 U.S. Supreme Court precedent to back the government's recent tear of dismissal bids in FCA cases.
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April 01, 2025
23 States Sue HHS To Stop $11B In Health Grant Funding Cuts
Twenty-three states and the District of Columbia on Tuesday accused the Trump administration of illegally terminating about $11 billion in public health funding, causing layoffs and "chaos" in public health agencies across the country.
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March 31, 2025
5th Circ. Judge Criticizes Texas AG's Use Of Document Law
A Fifth Circuit judge on Monday accused the Texas Attorney General's Office of trying to unfairly "play with litigants" under a statute that allows the office to examine business records.
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March 31, 2025
Judge Says Army Misled Radioactive Cleanup Contractor
A Court of Federal Claims judge has backed a joint venture in its $7.2 million dispute over a U.S. Army radioactive waste remediation contract, saying the Army misled the company regarding the scope of expected work.
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March 31, 2025
NJ Panel Denies Double Pay For Union In COVID Case
Members of the Jersey City Public Employees union are not entitled to double pay under the COVID-19 state of emergency declared by Gov. Phil Murphy on March 9, 2020, even though their contract calls for the increased compensation during such designations, a New Jersey appellate panel ruled Monday.
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March 31, 2025
Despite 'Admirable' Effort, Vertex Kickback Challenge Fails
A D.C. federal judge dealt a loss on Monday to gene therapy drugmaker Vertex Pharmaceuticals, ruling in favor of a U.S. Department of Health and Human Services advisory opinion that found the company's fertility preservation program could potentially violate the Anti-Kickback Statute.
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March 31, 2025
DocGo Can't Nix Investor Suit Over 'Indisputably False' Claims
A New York federal judge has trimmed a proposed class action alleging that mobile medical provider DocGo and its top brass misled stockholders before its $432 million migrant-services contract with New York City faced public scrutiny, but the judge found that claims stemming from the former CEO's "indisputably false" statements can proceed.
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March 31, 2025
Ex-Sen. Sinema Joins Hogan Lovells' Regulatory Group
Former U.S. Sen. Kyrsten Sinema of Arizona, who made headlines by changing her party affiliation from Democrat to independent in 2022, will join Hogan Lovells in Washington, D.C., as a senior adviser in its global regulatory and intellectual property practice groups, the firm announced Monday.
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March 31, 2025
DOJ Seeking Steep Costs To Make Challengers Think Twice
The U.S. Department of Justice is quickly implementing President Donald Trump's plan to seek huge sums of money from litigants whose cases impede his agenda but ultimately prove unsuccessful, court records show.
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March 28, 2025
Janssen Owes Additional $1.5B In HIV Prescription Trial
A New Jersey federal judge on Friday added nearly $1.3 billion in penalties and $240 million in damages to a whistleblower False Claims Act verdict against Janssen over the off-label marketing of two HIV medicines, saying trial evidence laid out "a deliberate and calculated scheme."
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March 28, 2025
TSI Ch. 7 Trustee Opposes Firm's Withdrawal From The Case
The Chapter 7 trustee for the Teams Systems International estate is opposing the withdrawal of law firm Cross & Simon from representing the defunct company and its principals in an adversary action alleging the misappropriation of some $14 million of funds in the years leading up to the bankruptcy, arguing it will leave the defendants without counsel with multiple matters pending.
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March 28, 2025
Judge Sides With Ga. County In DOJ's Racial Slur Suit
A Georgia federal judge has ended federal prosecutors' suit against a Georgia county claiming it fired two Black employees after they complained of racist treatment from co-workers, finding there was nothing pretextual about their termination for stealing time with bogus reports.
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March 28, 2025
Masonry Exec Charged In Plot To Bribe Amtrak Official
The president of an Illinois-based masonry contractor awarded a $58 million federal contract to renovate Philadelphia's historic 30th Street Station has been charged with conspiring to bribe an Amtrak official, the U.S. attorney's office in the city said Friday.
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March 28, 2025
Ill. Judge Blocks Trump's DEI Certification Mandate
An Illinois federal judge has blocked the U.S. Department of Labor from requiring federal grant recipients to certify that they don't operate programs that violate President Donald Trump's recent executive orders targeting diversity, equity and inclusion initiatives, saying the mandate puts them "in a difficult and perhaps impossible position."
Editor's Picks
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The Latest On Escobar's FCA Impact
Federal courts across the country are handing down important rulings interpreting the U.S. Supreme Court’s landmark decision on False Claims Act liability in Universal Health Services v. Escobar. As the rulings keep pouring in, stay up to speed on Law360’s latest coverage and analysis of Escobar’s impact.
Expert Analysis
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Series
Adapting To Private Practice: From DOJ Leadership To BigLaw
The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.
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Law Firm Executive Orders Create A Legal Ethics Minefield
Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.
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Contractor Remedies Amid Overhaul Of Federal Spending
Now that the period for federal agencies to review their spending has ended, companies holding procurement contracts or grants should evaluate whether their agreements align with administration policies and get a plan ready to implement if their contracts or grants are modified or terminated, say attorneys at DLA Piper.
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Firms Must Embrace Alternative Billing Models Or Fall Behind
As artificial intelligence tools eliminate inefficiencies and the Big Four accounting firms enter the legal market, law firms that pivot from the entrenched billable hour model to outcomes-based pricing will see a distinct competitive advantage, says attorney William Brewer.
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Contract Disputes Recap: Terminations Galore
Attorneys at Seyfarth examine three recent decisions in which the Civilian Board of Contract Appeals and the Armed Services Board of Contract Appeals provide valuable insights into contract terminations, modifications and the jurisdictional requirements for claims.
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How Attorneys Can Master The Art Of On-Camera Presence
As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.
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Series
Baseball Fantasy Camp Makes Me A Better Lawyer
With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.
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Series
Adapting To Private Practice: From Fed. Prosecutor To BigLaw
Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.
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Jurisdiction Argument In USAID Dissent Is Up For Debate
A dissent refuting the U.S. Supreme Court’s recent order directing the U.S. Agency for International Development to pay $2 billion in frozen foreign aid argued that claims relating to already-completed government contract work belong in the U.S. Court of Federal Claims – answering an important question, but with a debatable conclusion, says Steven Gordon at Holland & Knight.
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How Importers Can Minimize FCA Risks Of Tariff Mitigation
False Claims Act risks are inherent in many tariff mitigation strategies, making it important for importers to implement best practices to identify and report potential violations of import regulations before they escalate, says Samuel Finkelstein at LMD Trade Law.
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Firms Still Have Lateral Market Advantage, But Risks Persist
Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Making The Opportunity Zones Program Great At Last
As the opportunity zone program approaches its expiration, the Republican-led government could take specific steps to extend and improve the program, address its structural flaws, encourage broader participation and enable it to live up to its promised outcomes, say attorneys at Pillsbury.
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Opinion
We Must Allow Judges To Use Their Independent Judgment
As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.
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Series
Performing Stand-Up Comedy Makes Me A Better Lawyer
Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.
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Constitutional Foundations Of Gov't-Guaranteed Investments
For attorneys advising clients with exposure to government-backed investments, understanding the constitutional guardrails on presidential impoundment offers essential guidance for risk assessment, contract strategy and litigation planning, says Mauni Jalali at Quinn Emanuel.