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Government Contracts
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March 10, 2025
DOJ Defends Musk's Influence Against States' Challenge
The U.S. Department of Justice is defending Elon Musk's influence in the federal government against a constitutional challenge brought by 14 states, telling D.C. federal court that the "special government employee" does not occupy an official office that would be subject to the Constitution's appointments clause.
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March 10, 2025
Trump Says Refugee Groups Can't Challenge Axed Contracts
The Trump administration urged a Washington federal judge to reject resettlement agencies' challenge to its termination of all cooperative agreements with resettlement agencies, saying the federal government has the legal authority to do so without notice if its priorities change.
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March 10, 2025
GAO Says NIH Treated Bidders Disparately On $20M IT Deal
The U.S. Government Accountability Office has sustained a protest over a $19.9 million National Institutes of Health software development task order, finding the NIH unreasonably treated similar aspects of the protester's and awardee's bids differently.
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March 10, 2025
Comerica Sued Over Interest Earned On Gov't Benefits Cards
Comerica Bank was hit with a proposed class action Friday claiming that the bank is not entitled to keep interest it earns on Social Security and other federal benefits Comerica distributes through government benefits cards.
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March 07, 2025
Hints Of A New High Court Majority Emerge In Trump Cases
The U.S. Supreme Court's recent rejection of President Donald Trump's bid to keep frozen nearly $2 billion in foreign aid funding gave court watchers a glimpse of a coalition majority that could end up thwarting some of the president's more aggressive and novel attempts to expand executive power.
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March 07, 2025
GAO Says Va. Contractor's Pre-Award Protest Came Too Late
The U.S. Government Accountability Office has denied a Virginia contractor's challenge to the Department of Veterans Affairs' decision to amend, rather than cancel, a solicitation for modern claims processing support services, saying its protest came too late.
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March 07, 2025
Fed. Circ. Says Judge Misconstrued Term In Tactical Vest Row
A Federal Circuit ruling on Friday reversed a finding from a Florida federal judge on constructing the phrase "pull cord," reviving a fight over a patented system for making tactical vests easier to take off.
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March 07, 2025
Aecom Gets $8M Atty Fee Award In Colo. Toll Lanes Dispute
A Colorado federal judge has awarded design firm Aecom nearly $8.3 million in attorney fees for prevailing in a contract fight over a state toll lanes project, but did not award the full amount the company requested because it failed to justify certain costs and separate attorneys' work across different disputes.
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March 07, 2025
California Bar Orders Investigation Of Flawed Exam
The State Bar of California is bringing on an independent investigator to look into the problem-plagued administration of the February bar exam, which left scores of test-takers feeling cheated.
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March 07, 2025
Retrial In Landmark Graft Case Faces Potential Roadblocks
A retrial in a public corruption case tied to an infrastructure initiative under former New York Gov. Andrew Cuomo faces possible obstacles after being returned to a federal judge by the U.S. Supreme Court, with the parties awaiting further legal guidance from the justices and the defense saying the Trump administration's priorities may sink the case.
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March 07, 2025
How A Showcase Prosecution Collapsed For New Jersey's AG
New Jersey Attorney General Matthew Platkin took a risk that backfired when he used over 100 pages to lay out his case accusing George E. Norcross III, one of the Garden State's most influential businessmen, of leading a racketeering enterprise to deepen his commercial footprint in a struggling city.
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March 06, 2025
Judge Says He's 'Wrestling' Over Int'l Aid Freeze Injunction
A D.C. federal judge said Thursday he was still "wrestling" over a requested preliminary injunction that would stop the federal government from terminating foreign assistance grants and contracts en masse, questioning plaintiff organizations on their assertions of standing and the government's claims of "unreviewable" executive power over foreign affairs.
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March 06, 2025
Federal Workers File Mass Challenges To Firings In Admin Court
Federal workers who lost their jobs in the Trump administration's mid-February purge of the civil service have begun challenging their terminations through class action appeals to an administrative court, seeking the reinstatement of tens of thousands of probationary employees to about 20 federal agencies.
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March 06, 2025
Comerica Demands To Face Music In CFPB Suit Amid Stay Bid
Comerica Bank has urged a Texas federal judge to reject the Consumer Financial Protection Bureau's request for a stay of its lawsuit accusing the bank of mismanaging a government benefit card program, arguing the delay lacks "any legal justification" and would harm the bank.
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March 06, 2025
Trump's FCPA Freeze Puts Coal Exec Bribery Case On Hold
A coal company executive who was set to go to trial next month on bribery and money laundering charges had his case paused by a Pennsylvania federal judge Thursday, after President Donald Trump signed an executive order in February that froze enforcement of the Foreign Corrupt Practices Act.
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March 06, 2025
Refugee Orgs. Move To Revive Axed Resettlement Contracts
Two refugee resettlement agencies called on a Washington federal judge to issue another injunction after the Trump administration terminated all cooperative agreements with resettlement agencies just days after being barred from freezing funds for refugee services.
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March 06, 2025
Trump Tells Admin To Yank Perkins Coie Security Clearance
Perkins Coie LLP is the latest law firm to face the ire of President Donald Trump, with Trump ordering on Thursday the immediate suspension of the firm's security clearances over its diverse hiring efforts and its representation of certain political figures, including former presidential candidate Hillary Clinton.
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March 06, 2025
Hunton Adds Holland & Knight Gov't Contracts Atty
Hunton Andrews Kurth LLP has hired a government contracts and cybersecurity and privacy law attorney to lead its government contract practice after eight years at Holland & Knight LLP, the firm announced Wednesday.
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March 06, 2025
DC Judge Won't Block USAID From Firing Contractors
A D.C. federal judge on Thursday declined to temporarily block the termination of personal services contractors working for the U.S. Agency for International Development, concluding their challenge to the dismantling of the agency is likely ill-suited for federal court.
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March 06, 2025
Trump Administration Ordered To Release Funds To States
A Rhode Island judge on Thursday ordered the Trump administration to stop withholding funds from states, saying an executive order freezing federal grants, loans and other payments approved by Congress "fundamentally undermines" the separation of powers and is causing irreparable harm.
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March 05, 2025
DOGE Firings, Agency Cuts Targeted In New Sierra Club Suit
The Sierra Club and Union of Concerned Scientists were among several groups that lobbed a new suit against Elon Musk and the Department of Government Efficiency on Wednesday, slamming the billionaire and DOGE for the "lawless" slashing of funds and federal workers.
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March 05, 2025
NYC Can't Recoup $80M In FEMA Funds From Trump, For Now
A Manhattan federal judge on Wednesday refused to order the Trump administration to immediately return over $80.4 million in funds allocated to New York City to defray the costs of sheltering migrants, after the Biden-era money was clawed back without notice.
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March 05, 2025
Contractors Claim Constitutional Injury In USAID Cuts
A group representing U.S. citizen personal services contractors working for the U.S. Agency for International Development insisted before a D.C. federal judge on Wednesday that their challenge to the Trump administration's dismantling of the humanitarian agency differs from another brought by workers employed directly by USAID.
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March 05, 2025
Judge Rejects Protests To $182M Army Pilot Training Contract
A Court of Federal Claims judge rejected post-award protests raised by three companies after the U.S. Army passed on their proposals and awarded a $182 million contract for helicopter flight training support services at a fort in Alabama.
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March 05, 2025
Ga. Clinic Bilked Federal Healthcare Programs, FCA Suit Says
A Georgia federal judge has unsealed a whistleblower lawsuit against a respiratory clinic accusing it of using unlicensed medical personnel, bilking Medicare and Medicaid by submitting thousands of fraudulent claims, and pushing its patients into unnecessary treatment to milk them for cash.
Expert Analysis
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How Attorneys Can Break Free From Career Enmeshment
Ambitious attorneys can sometimes experience career enmeshment — when your sense of self-worth becomes unhealthily tangled up in your legal vocation — but taking the time to discover and realign with your core personal values can help you recover your identity, says Janna Koretz at Azimuth Psychological.
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Suspension And Debarment: FY 2024 By The Numbers
The multiyear, downward trend in suspensions and debarments of government contractors continued in fiscal year 2024, largely fueled by a sharp decrease in exclusions of individuals — a welcome development that may indicate recognition that these actions can be more punitive than prophylactic, says David Robbins at Jenner & Block.
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Lawyers With Disabilities Are Seeking Equity, Not Pity
Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.
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Opinion
Judicial Committee Best Venue For Litigation Funding Rules
The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.
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The Strategic Advantages Of Appointing A Law Firm CEO
The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.
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Why Diversity Jurisdiction Poses Investment Fund Hurdles
Federal courts' continued application of the exacting rules of diversity jurisdiction presents particular challenges for investment funds, and in the absence of any near-term reform, those who manage such funds should take action to avoid diversity jurisdiction pitfalls, say attorneys at Sher Tremonte.
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Comments Show Need For Clarity On SBA Proposed Rule
The recent public comments period for the Small Business Administration's proposed rule on recertification and other regulations underscores the need for more precision, particularly on agreements in principle, which the SBA should address as it moves forward with this rulemaking, say attorneys at Covington.
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Series
Beekeeping Makes Me A Better Lawyer
The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.
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GAO Decision Offers Insights On Verifying TAA Compliance
The U.S. Government Accountability Office's August decision in Matter of: HPI Federal LLC serves as a reminder of the importance of verifying Trade Agreements Act compliance — and of understanding the parameters of an agency's acceptance of an offeror's TAA representation, say Amy Hoang and Sarah Barney at Seyfarth.
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3 Takeaways From Navy Shipbuilder's Fraud Guilty Plea
Austal USA’s recent plea agreement over accounting fraud charges highlights for other companies the benefits of cooperating with government investigations, the challenges posed by senior executives’ involvement in misconduct, and the high stakes for defense contractors, say Michael DeBernardis and Shayda Vance at Hughes Hubbard.
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Opinion
Legal Institutions Must Warn Against Phony Election Suits
With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Series
Home Canning Makes Me A Better Lawyer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.
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Next Steps For FCA Defendants After Fla. Qui Tam Ruling
Because a Florida federal court's recent decision in Zafirov v. Florida Medical Associates could eventually prove to be a watershed event for False Claims Act suits, defendants should consider potential next steps to ensure that their litigation benefits from the court's reasoning and further developments, says Scott Gallisdorfer at Bass Berry.
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Compliance Pointers For Amended Pa. Data Breach Law
Recent updates to the Pennsylvania Breach of Personal Information Notification Act include a requirement that organizations alert the state's attorney general of certain consumer data breach notifications, and several incident response and cybersecurity considerations will be necessary to ensure compliance, say Matthew Meade and Laura Decker at Eckert Seamans.