Government Contracts

  • November 19, 2024

    DC Circ. Wonders Where To Land On Terrorism Liability Claims

    Hypotheticals were flying Tuesday morning at the D.C. Circuit, where a three-judge panel spent more than two hours trying to figure out whether a recent U.S. Supreme Court decision means they need to stop the revival of a suit accusing pharmaceutical companies of funding terrorism in Iraq.

  • November 19, 2024

    Feds Defend BLM Authority In States' Methane Rule Challenge

    The Biden administration has urged a North Dakota federal court to grant it a summary judgment win in five states' lawsuit challenging a new rule aimed at cracking down on natural gas waste, defending the rule's creation as being well within the Bureau of Land Management's statutory authority.

  • November 19, 2024

    Fish & Wildlife Settles Claims It Polluted Property

    The U.S. Fish and Wildlife Service has settled a lawsuit alleging its disposal of large quantities of a chemical pesticide contaminated a property near Lake Michigan, the federal government has said, months after the Civilian Board of Contract Appeals ruled the government was liable for the property's diminished value.

  • November 19, 2024

    DOD Not Obligated To Suggest Tweaked Pricing On $2.3B Deal

    The U.S. Government Accountability Office has thrown out Maersk's protest over the shipping giant's rejection from a $2.3 billion contract for military freight transportation services, saying U.S. Transportation Command wasn't obligated to tell it its pricing was too high.

  • November 19, 2024

    Claims Court Won't Toss $40B Ligado Spectrum Takings Case

    A Court of Federal Claims judge has allowed Ligado Networks' $40 billion suit against the federal government over an alleged unconstitutional taking of licensed 5G spectrum to move forward, saying the claims court had jurisdiction over the dispute.

  • November 19, 2024

    Claims Court Says Air Force Contractor Knew Of Delay Risks

    The U.S. Court of Federal Claims shot down a flight simulation company's bid to recoup a $41.5 million loss from the Air Force for contractual delays on an aircraft project, ruling that the company assumed the risk of losses when it signed up for a fixed-price deal.

  • November 19, 2024

    MVP: Blank Rome's Luke Meier

    Luke Meier of Blank Rome LLP helped government contractor Hanford Tank Waste Operations & Closure hang onto a $45 billion nuclear cleanup contract, one of the largest services contracts ever, earning him a spot as one of the 2024 Law360 Government Contracts MVPs.

  • November 18, 2024

    Fringe Benefits Co.'s Ex-Atty Can't 'Abandon' Them, DOL Says

    The U.S. Department of Labor on Monday urged a Maryland federal court not to let a fringe benefits company's former attorney "abandon" the company ahead of a civil contempt hearing over $3.8 million in unpaid mismanaged funds meant for government contractor employees' benefits, citing potentially "severe" consequences for the company.

  • November 18, 2024

    AECOM Calls FCA Suit Alleging False Army Billing 'Meritless'

    AECOM has pushed to end a False Claims Act suit alleging that it falsely billed the U.S. Army on a $1.9 billion support deal, saying the whistleblower who filed the suit hadn't shown that his remaining allegations were material to the government.

  • November 18, 2024

    ACLU Ups Pressure For Info On ICE Deportation Infrastructure

    The American Civil Liberties Union sued U.S. Immigration and Customs Enforcement on Monday for information the organization says will help it assess how existing removal infrastructure could be expanded for mass deportations under the incoming Trump administration.

  • November 18, 2024

    Trump DOE Pick Signals Funding Flux For Clean Energy Cos.

    President-elect Donald Trump tapping oilfield services executive Chris Wright as U.S. energy secretary underscores the frostier federal reception that awaits clean energy companies, but experts say the industry shouldn't cede the playing field to fossil fuels just yet.

  • November 18, 2024

    Texas Appeals Court Finds Telecom Laws Violate Gift Rules

    A state appellate court handed dozens of Texas cities a clean-sweep victory in their fight against statewide bargains for telecommunications providers, finding Friday a state law dealing with the fees municipalities can charge telecom companies runs counter to the Texas Constitution.

  • November 18, 2024

    Treasury Finalizes Tougher Foreign Investment Law Penalties

    The Treasury Department on Monday finalized a rule sharpening its enforcement authority to stop or demand additional information regarding foreign-investment deals that the U.S. deems potential threats to national security.

  • November 18, 2024

    Alstom Wants Injunction In Dispute Over 'Buy America' Waiver

    Train manufacturer Alstom has urged a D.C. federal judge to block a pending federal disbursement for a $12 billion high-speed rail project, saying the payment could "irrevocably" allow the project to use trainsets that violate federal "Buy America" requirements.

  • November 18, 2024

    Colo. Rugby Coach Cries Foul Over City's Revoked Job Offer

    A man who says he was "poached" for an assistant coaching position with the American Raptors professional rugby team near Denver has filed a breach of contract lawsuit alleging he was fired before he even began, without cause, and cheated out of his early termination payment.

  • November 18, 2024

    NJ Justices To Consider Sanctions Against Town For Suing Attys

    The New Jersey Supreme Court has decided to weigh in on whether state law provides municipalities with immunity from sanctions for frivolous litigation, as it takes up a long-running affordable housing case in Englewood Cliffs.

  • November 18, 2024

    MVP: Seyfarth's Amy Hoang

    Amy Hoang of Seyfarth Shaw LLP has successfully challenged the Small Business Administration's interpretation of its own regulations and protested and defended a $170 million contract award, earning her a spot as one of the 2024 Law360 Government Contracts MVPs.

  • November 15, 2024

    Defense Policy Outlook Under The New Trump Administration

    Donald Trump's pending return to the White House is expected to bring significant changes to defense and national security policy, including a potentially larger but less diverse military, an increase in domestic sourcing and a more transactional relationship with allies.

  • November 15, 2024

    Texas Staffing Co. Sues State Over Minority Contract Program

    An aerospace staffing agency has sued Texas Gov. Greg Abbott and the state's comptroller in federal court over a program that sets aside a certain percentage of contracts for minority-owned businesses, saying the program unfairly prevents the staffing agency from submitting bids because the company doesn't meet racial requirements.

  • November 15, 2024

    EPA Watchdog Flags Drinking Water Cybersecurity Risks

    The U.S. Environmental Protection Agency's internal watchdog is sounding the alarm about cybersecurity weaknesses in the nation's drinking water systems, and said there are problems with the plans for reporting and coordinating responses to attacks.

  • November 15, 2024

    Healthcare Co. PACS Made False Claims Before IPO, Suit Says

    Healthcare holding company PACS Group Inc. has been hit with a proposed shareholder class action on the heels of a short seller's report that alleged the company engaged in deceptive practices to boost its value ahead of its initial public offering, including Medicare claims fraud.

  • November 15, 2024

    NASA Shopping For New DC-Area Headquarters

    NASA said it is assessing options for a new headquarters in the Washington, D.C., area, in anticipation of the 2028 expiration of its current lease.

  • November 15, 2024

    Secure Software Co. Investor Sues In Del. For Deal Docs

    An investor in a "public benefit" company that provides sensitive software to government agencies and allies sued the business Friday in Delaware Chancery Court, seeking documents on a stock purchase agreement and other moves purportedly made without required consents.

  • November 15, 2024

    US Courts' Design Standards Increase Size, Costs, GAO Says

    A report by the U.S. Government Accountability Office, publicly released Friday, has found that the judiciary's updated 2021 U.S. courts design guide would likely increase both the size and costs of federal courts.

  • November 15, 2024

    Conn. Atty Resolves $80K Labor Dept. Reimbursement Suit

    A personal injury attorney in Connecticut said Friday she has "resolved" a lawsuit brought by the federal government that demanded she pay $80,000 to reimburse the U.S. Department of Labor for workers' compensation payments to two of her clients.

Expert Analysis

  • SBA Proposal Materially Alters Contractor Recertification

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    The Small Business Administration's new proposed rule on recertification affects eligibility for set-aside contracts, significantly alters the landscape for mergers and acquisitions in the government contracts industry, and could have other unintended downstream consequences, says Sam Finnerty at PilieroMazza.

  • Series

    After Chevron: Conservation Rule Already Faces Challenges

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    The Bureau of Land Management's interpretation of land "use" in its Conservation and Landscape Health Rule is contrary to the agency's past practice and other Federal Land Policy and Management Act provisions, leaving the rule exposed in four legal challenges that may carry greater force in the wake of Loper Bright, say Stacey Bosshardt and Stephanie Regenold at Perkins Coie.

  • A Preview Of AI Priorities Under The Next President

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    For the first time in a presidential election, both of the leading candidates and their parties have been vocal about artificial intelligence policy, offering clues on the future of regulation as AI continues to advance and congressional action continues to stall, say attorneys at Mintz.

  • 11 Patent Cases To Watch At Fed. Circ. And High Court

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    As we head into fall, there are 11 patent cases to monitor, touching on a range of issues that could affect patent strategy, such as biotech innovation, administrative rulemaking and patent eligibility, say Edward Lanquist and Wesley Barbee at Baker Donelson.

  • How Methods Are Evolving In Textualist Interpretations

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    Textualists at the U.S. Supreme Court are increasingly considering new methods such as corpus linguistics and surveys to evaluate what a statute's text communicates to an ordinary reader, while lower courts even mull large language models like ChatGPT as supplements, says Kevin Tobia at Georgetown Law.

  • Bid Protest Spotlight: Rule Of Two, Post Award, Cost Request

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    In this month's bid protest roundup, Alissandra McCann at MoFo examines three recent decisions from the U.S. Government Accountability Office, offering distinct reminders for contractors challenging solicitations while an agency takes corrective action, pursuing post-award bid protests and filing timely cost reimbursement requests.

  • ESA Ruling May Jeopardize Gulf Of Mexico Drilling Operations

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    A Maryland federal court's recent decision in Sierra Club v. National Marine Fisheries Service, vacating key Endangered Species Act analyses of oil and gas operations in the Gulf of Mexico, may create a gap in guidance that could expose operators to enforcement risk and even criminal liability, say attorneys at Holland & Knight.

  • Avoiding Corporate Political Activity Pitfalls This Election Year

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    As Election Day approaches, corporate counsel should be mindful of the complicated rules around companies engaging in political activities, including super PAC contributions, pay-to-play prohibitions and foreign agent restrictions, say attorneys at Covington.

  • Navigating Cybersecurity Rule Changes For Gov't Contractors

    Excerpt from Practical Guidance
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    As federal contractors evaluate the security of their IT systems, they should keep in mind numerous changes to the Federal Acquisition Regulations and the Defense Federal Acquisition Regulation Supplement recently promulgated to meet new cyber threats, says William Stowe at KBR.

  • How Fund Advisers Can Limit Election Year Pay-To-Play Risks

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    With Minnesota Gov. Tim Walz now the Democratic candidate for vice president, politically active investment advisers should take practical steps to avoid triggering strict pay-to-play rules that can lead to fund managers facing mutli-year timeouts from working with public funds after contributing to sitting officials, say attorneys at Dechert.

  • Why Attorneys Should Consider Community Leadership Roles

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    Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.

  • Opinion

    Agencies Should Reward Corporate Cyber Victim Cooperation

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    The increased regulatory scrutiny on corporate victims of cyberattacks — exemplified by the U.S. Securities and Exchange Commission's case against SolarWinds — should be replaced with a new model that provides adequate incentives for companies to come forward proactively and collaborate with law enforcement, say attorneys at McDermott.

  • Firms Must Offer A Trifecta Of Services In Post-Chevron World

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    After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.

  • 5 Tips To Succeed In A Master Of Laws Program And Beyond

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    As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.

  • Series

    Being An Opera Singer Made Me A Better Lawyer

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    My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.

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