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Government Contracts
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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.
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March 24, 2025
Trump Taps Morgan Lewis Atty To Lead OFCCP
The Trump administration has selected a former Morgan Lewis & Bockius LLP attorney to lead the Office of Federal Contract Compliance Programs, with the lawyer promising Monday to uphold the president's mandate of stripping the agency's legal authority to investigate bias complaints against federal contractors.
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March 24, 2025
Camp Lejeune Litigants Expect Global Deal By Year's End
Veterans and their family members who sued the government over toxic water at Camp Lejeune will likely see a global deal resolving their claims by the end of 2025, according to a report in North Carolina federal court from Jenner & Block LLP and DLA Piper attorneys designated as settlement masters.
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March 24, 2025
Conn. Hospital Lacks Justiciability In $8.3M Fight, State Says
A Connecticut state court cannot offer any practical relief to a children's hospital that says the Department of Social Services should have paid it an $8.3 million performance-based bonus for 2022, so a lawsuit that seeks only declaratory rulings should be thrown out, the state said Monday.
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March 24, 2025
Ga. Clinic Hit With Retaliation, Confidentiality Allegations
A former employee of a Georgia sexual assault survivors' clinic filed a whistleblower lawsuit against the organization Friday claiming that she was forced out of her position after refusing to help cover up allegations that the clinic was violating victim confidentiality laws.
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March 24, 2025
Colo. Justices Take Subcontractor's Forfeit For Excess Case
The Colorado Supreme Court will consider whether a construction company that allegedly overstated how much it was owed from a project to build a new Denver rail line forfeited its ability to pursue any remedy for that $12.7 million claim, in a case involving a novel interpretation of a public works law.
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March 24, 2025
Trump Asks High Court To Halt Fed. Workers' Reinstatement
The Trump administration asked the U.S. Supreme Court on Monday to pause a California federal court order reinstating tens of thousands of probationary federal workers who were fired from six agencies, arguing the band of nonprofit groups that obtained the order have no standing to challenge the firings.
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March 24, 2025
DOL Abandons Biden's Wage Hike For Federal Contractors
The U.S. Department of Labor said it is no longer enforcing the Biden-era minimum wage for federal contractors after President Donald Trump axed the raise, asking the Ninth Circuit to vacate a panel's decision against the wage bump.
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March 21, 2025
Voice Of America Staff, Unions Challenge Agency's Shuttering
Journalists and staff with Voice of America on Friday accused their parent agency, the U.S. Agency for Global Media, of illegally firing virtually everyone with the government-funded media outlet, a move they said was because the Trump administration perceives their work to be "inconsistent" with the president's "political agenda."
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March 21, 2025
ICE's 'No Release Policy' Is Back In Effect, Attys Say
Attorneys representing noncitizens who successfully challenged the New York Field Office for Immigration and Customs Enforcement's policy of detaining virtually every noncitizen it arrested told a Manhattan federal judge that the so-called no release policy is back in place.
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March 21, 2025
Iraq Urges Supreme Court To Uphold $120M Immunity Ruling
Iraq has urged the U.S. Supreme Court not to take up a petition asking it to clarify parts of the Foreign Sovereign Immunities Act's commercial activity exception, as it looks to avoid a $120 million judgment issued to a Pennsylvania defense contractor following a dispute over a two-decade-old contract.
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March 21, 2025
Lockheed, Navy Push To Nix $8.25M Dock Damage Suit
Lockheed Martin and the U.S. Navy are urging a Michigan federal judge to dismiss a marine transportation company's lawsuit accusing them of negligently causing $8.25 million worth of damages to its dock while testing a naval combat vessel.
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March 21, 2025
DOJ Seeks To DQ Judge From Perkins Coie's Exec Order Suit
The U.S. Department of Justice moved Friday to disqualify the D.C. federal judge presiding over Perkins Coie LLP's challenge to President Donald Trump's executive order targeting the firm for its diversity-focused hiring efforts and its political representation.
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March 21, 2025
3rd Circ. Takes On NJ Judicial Privacy Law's Constitutionality
The Third Circuit has granted requests by several data brokers to review a lower court judge's ruling that New Jersey's judicial privacy and security measure, known as Daniel's Law, is constitutional.
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March 21, 2025
Gov't Backs GEO To Have Full 9th Circ. Mull $23.2M Wage Row
A Ninth Circuit panel disregarded Congress' wishes when it ordered the GEO Group to pay $23.2 million because it needed to pay detainees in a work program under Washington state's minimum wage, the government said, backing the company's bid for rehearing.
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March 20, 2025
NTSB Says Maryland Didn't Track Risks Of Key Bridge Collapse
The National Transportation Safety Board recommended Thursday that 68 bridges in 19 states be evaluated for risk of collapse in the event of a vessel strike, and found that Maryland officials failed to adequately calculate vulnerabilities in Baltimore's Francis Scott Key Bridge well before its collapse last year.
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March 20, 2025
Texas Says Planned Parenthood Can't Get Atty Immunity
Texas has urged the full Fifth Circuit to reconsider a panel's decision concluding that Planned Parenthood is entitled to attorney immunity in a whistleblower suit accusing the organization of improperly billing Medicaid programs, saying state-law attorney immunity doesn't apply.
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March 20, 2025
Hesai Says DOD's View On 'Chinese Military Co.' Too Broad
The legal team representing a Shanghai-based manufacturer of lidar products urged a D.C. federal judge to remove the company from the U.S. Department of Defense's list of "Chinese military companies," saying the department's definition of the term is so expansive it could apply to almost any company in China.
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March 20, 2025
DOL Must Face Part Of Trade Groups' Prevailing Wage Suit
The U.S. Department of Labor cannot fully escape a lawsuit from two trade associations challenging the agency's final rule updating prevailing wage rates for federal construction projects, with a Texas federal judge finding the groups showed that their members could be harmed by the changes.
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March 20, 2025
Robinson Bradshaw Adds Ex-FBI Deputy Chief Of Staff
Robinson Bradshaw & Hinson PA has hired a former FBI deputy chief of staff, whose new role will focus on representing clients in complex internal investigations similar to those he led in a previous position at the Justice Department, the firm announced.
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March 19, 2025
Judge Tells DOJ To Alert All Agencies Of Perkins Coie Ruling
A Washington, D.C., federal judge Wednesday directed the Trump administration to tell all federal agencies to rescind requests for disclosures about government and contractor relationships with Perkins Coie LLP, following an order last week blocking enforcement of the president's executive order against the Seattle-based law firm.
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March 19, 2025
Fed. Circ. Says Lacking License Dooms DOD Fuel Deal Protest
The Federal Circuit refused Wednesday to revive a case challenging a $134 million sole-source fuel supply contract for the U.S. military in Djibouti, saying the challenger wasn't eligible for the deal even if the Defense Logistics Agency had opened it up to competition.
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March 19, 2025
Judge Questions Standing In DEI Executive Orders Challenge
A D.C. federal judge on Wednesday questioned whether three civil rights nonprofits have standing to block the Trump administration's executive orders ending federal diversity, equity, inclusion and accessibility programs and cutting off funding for groups focused on minority populations.
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March 19, 2025
3rd Circ. Passes On Appeal Of NJ Judicial Privacy Law Ruling
Data brokers cannot consolidate dozens of lawsuits in federal court that claim they violated the New Jersey data privacy statute known as Daniel's Law, after the Third Circuit declined to revisit an earlier ruling that sent the lawsuits back to state court.
Expert Analysis
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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.
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Opinion
Attorneys Must Act Now To Protect Judicial Independence
Given the Trump administration's recent moves threatening the independence of the judiciary, including efforts to impeach judges who ruled against executive actions, lawyers must protect the rule of law and resist attempts to dilute the judicial branch’s authority, says attorney Bhavleen Sabharwal.