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Government Contracts
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May 22, 2024
Justices' CFPB Alliance May Save SEC Courts, Not Chevron
A four-justice concurrence to the U.S. Supreme Court's decision upholding the Consumer Financial Protection Bureau's unique funding scheme last week carries implications for other cases pending before the court that challenge the so-called administrative state, or the permanent cadre of regulatory agencies and career government enforcers who hold sway over vast swaths of American economic life.
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May 22, 2024
Axon Says Deal Saved 'Vital' Services In Antitrust Case
Axon Enterprise Inc. is looking to toss allegations that it monopolized the Taser and body-worn camera markets, arguing that its acquisition of a body camera supplier preserved vital services for police departments while a trio of municipalities said the deal resulted in higher prices.
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May 22, 2024
Assange Appeal May Put US Constitution In UK Crosshairs
Julian Assange's latest appeal, in which he claims he would be denied free speech protection if he is put on trial in the U.S., could break new ground in extradition cases and end up having to be decided by Britain's highest court, legal experts say.
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May 22, 2024
3M Says Insurers Are Dodging Coverage Of $6B Earplug Deal
3M and its subsidiary Aearo Technologies have reported difficulties getting their insurers to pay out more than $1.5 billion in coverage after the companies reached a $6 billion deal to settle multidistrict litigation alleging their combat earplugs failed to protect the hearing of service members and veterans.
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May 22, 2024
OSU Strikes Deal To Resolve Ex-Prof's Gender Bias Suit
Ohio State University reached a tentative deal Wednesday with a former marketing professor to end her lawsuit accusing the school of firing her for working with outside clients while male colleagues escaped retribution, a notice in federal court said.
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May 22, 2024
5 'Fat Leonard' Bribery Pleas Axed Over Misconduct
A California federal judge has agreed to toss felony plea deals for five former U.S. Navy officers who admitted they took bribes from the Malaysian defense contractor known as "Fat Leonard," after the government acknowledged prosecutorial missteps had tainted the high-profile case.
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May 22, 2024
NY Federal Reserve Associate GC Rejoins Covington
A former Covington & Burling LLP associate who left the firm 13 years ago to join the Federal Reserve Bank of New York has returned to work as of counsel, the firm announced Tuesday.
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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.
Expert Analysis
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Series
Whitewater Kayaking Makes Me A Better Lawyer
Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.
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GSA's Carbon-Free Power Plan: Tips For Electricity Suppliers
The U.S. General Services Administration's recent request for information concerning its intent to acquire a large amount of carbon pollution-free electricity over the next decade in the PJM Interconnection region offers key insights for companies interested in becoming electric power suppliers to federal government agencies, say Shaunna Bailey and Nicholas Dugdale at Sheppard Mullin.
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Contract Disputes Recap: Interpretation And Jurisdiction
Edward Arnold and Sarah Barney at Seyfarth examine three decisions by the U.S. Court of Federal Claims that show the importance of knowing who your contracting partner is, addressing patent ambiguities in a solicitation prior to award and keeping basic contract principles in mind when evaluating performance obligations.
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This Earth Day, Consider How Your Firm Can Go Greener
As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.
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New Proposal Signals Sharper Enforcement Focus At CFIUS
Last week's proposed rule aimed at broadening the Committee on Foreign Investment in the United States' enforcement authority over foreign investments and increasing penalties for violations signals that CFIUS intends to continue expanding its aggressive monitoring of national security issues, say attorneys at Kirkland.
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The Pros And Cons Of NIST's Proposed March-In Framework
Recent comments for and against the National Institute of Standards and Technology’s proposed guidance on march-in rights — which permit the government to seize federally funded patents — highlight how the framework may promote competition, but could also pose a risk to contractors and universities, say Nick Lee and Paul Ragusa at Baker Botts.
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What Minority Biz Law Ruling Could Mean For Private DEI
A Texas federal court’s recent decision to strike down key provisions of the Minority Business Development Act illustrates the wide-reaching effects of the U.S. Supreme Court's 2023 Students for Fair Admissions v. Harvard decision across legal contexts, say attorneys at Jenner & Block.
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Practicing Law With Parkinson's Disease
This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.
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When Trade Secret Protection And Nat'l Security Converge
The Trump administration's anti-espionage program focused on China is over, but federal enforcement efforts to protect trade secrets and U.S. national security continue, and companies doing business in high-risk jurisdictions need to maintain their compliance programs to avoid the risk of being caught in the crosshairs of an investigation, say attorneys at Baker McKenzie.
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Series
Playing Hockey Makes Me A Better Lawyer
Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.
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For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill
A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.
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How Export Controls Are Evolving To Address Tech Security
Recently proposed export control regulations from the U.S. Department of Commerce are an opportunity for stakeholders to help pioneer compliance for the increasing reliance on the use of outsourced technology service providers, say attorneys at Benesch.
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Opinion
New Mexico Fire Victims Deserve Justice From Federal Gov't
Two years after the largest fire in New Mexico's history — a disaster caused by the U.S. government's mismanagement of prescribed burns — the Federal Emergency Management Agency must remedy its grossly inadequate relief efforts and flawed legal interpretations that have left victims of the fire still waiting for justice, says former New Mexico Attorney General Hector Balderas.
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Opinion
Requiring Leave To File Amicus Briefs Is A Bad Idea
A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.
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4 Ways To Motivate Junior Attorneys To Bring Their Best
As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.