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Government Contracts
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August 06, 2024
Wash. Again Sues GEO Group Over ICE Detention Inspections
Washington state's health department has again sued The GEO Group, alleging that the private prison contractor has illegally blocked health officials from entering an ICE facility to investigate a rash of suicide attempts and hundreds of reports of unhealthy conditions.
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August 06, 2024
Houston Partially Escapes Pappas Restaurants' Airport Suit
A state appeals court agreed Tuesday with Houston's argument that a concessions contract with the William P. Hobby Airport did not require the city to follow the Texas Government Code's competitive bidding requirements, partially tossing a suit brought by Pappas Restaurants over its loss of the 2023 agreement.
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August 06, 2024
Conn. AG Says Utility Misconstrued Power Plant Cleanup Deal
The Connecticut Attorney General's Office has told a state court that The United Illuminating Co., now part of Avangrid Inc., raised inapplicable defenses to an environmental cleanup lawsuit by misconstruing an earlier consent decree as a "contract" the government could breach as the utility remediated an abandoned New Haven power plant.
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August 06, 2024
Military Part Supplier Says Competitors Stole Equipment, Info
A machining manufacturer that supplies parts for military aircraft said in a complaint filed in Michigan federal court on Monday that some of its former workers used their access to steal confidential information and equipment to start competing businesses.
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August 06, 2024
Defense Contractor Wants Maynard Nexsen DQed In Bias Case
Defense contractor Parsons Corp. urged an Alabama federal judge to disqualify Maynard Nexsen PC from representing a former engineer in his unlawful termination case against the company, saying the firm was also representing Parsons when he filed his case.
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August 06, 2024
Ex-Army Contract Officer Gets 1 Year For GF's No-Show Job
A former U.S. Department of Defense contracting officer has been sentenced to a year in prison for getting his girlfriend a high-paying, no-show job at a defense contractor, then taking multiple trips to Disney World and other vacation spots with her on taxpayers' dime.
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August 06, 2024
Energy Dept. Awards $2.2B For 8 Grid Upgrade Projects
The U.S. Department of Energy on Tuesday awarded $2.2 billion of congressional funding for an eight-pack of electric grid projects, including $700 million for a transmission line that would create a new link between the western and eastern portions of the U.S. grid.
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August 05, 2024
Coinbase Broke Campaign Finance Laws, Crypto Critics Say
Crypto exchange Coinbase violated campaign finance laws when it donated $25.5 million to political action committees while negotiating a federal contract, prominent crypto critics told a federal election watchdog — a claim the firm's legal chief has staunchly denied.
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August 05, 2024
GSA Makes First Tribal Carbon-Free Electricity Purchase
A Seneca Nation holding company is the first tribal majority-owned business to be awarded a bid from the U.S. General Services Administration to sell carbon pollution-free electricity to the federal agency, a move that's been in the works since at least April.
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August 05, 2024
GOP Sens. Urge Biden To Lift 'Partial Arms Embargo' On Israel
Nearly all Republican lawmakers in the U.S. Senate urged President Joe Biden to "use every available emergency authority" to swiftly deliver weapons to Israel, criticizing what they called a partial arms embargo that flouted the "will of Congress."
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August 05, 2024
Petrobras Manipulating US Law For $2B, 5th Circ. Hints
A Fifth Circuit judge accused a Brazilian state-owned oil company subsidiary of "hiding behind the corporate structure," saying during oral arguments on Monday that subsidiary Petrobras America Inc. was seemingly manipulating American law for treble damages totaling nearly $2 billion stemming from allegations of bribery.
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August 05, 2024
Marriott Says NYC Hotels' Housing Of Migrants Violated Deal
Marriott International Inc. has accused a hotel company in Jamaica, Queens, of breaching a contract by repurposing two properties for migrant housing while refusing to "de-identify" itself with the global hotel brand.
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August 05, 2024
Mich. Says HHS Can't Get Back $195M Medicaid Payments
The state of Michigan is asking a D.C. federal judge to bar the federal government from seeking repayment for $195 million in Medicaid payouts made to two state-operated hospitals that provided psychiatric services to state criminal defendant inmates, saying the government's payment withdrawal decision was made years too late and without proper notice.
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August 05, 2024
AT&T Chief Pushes FCC To Make FirstNet 4.9 GHz Manager
AT&T Inc. CEO John Stankey met with Federal Communications Commission members to lobby for the company's first responder network to lead the national public safety band, despite band users' concerns that AT&T could control the band for its own self-serving interests.
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August 05, 2024
Pegasystems Slams Appian's 'Animus' After $2B Verdict Axed
Business software maker Pegasystems says rival Appian's "animus" is behind a series of what it says are irrelevant, premature and burdensome discovery requests, after a Virginia appeals court vacated a $2 billion trade secrets judgment against Pegasystems.
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August 05, 2024
Watchdog OKs Partial Fees To IT Firm Protesting $36M Deal
A federal watchdog called on the U.S. Department of Labor to cover most of an information technology firm's costs of protesting a $36 million support deal, saying the agency had wasted the company's resources by defending a flawed technical evaluation.
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August 05, 2024
5th NYC Housing Worker Gets Prison In Anti-Corruption Bust
A Manhattan federal judge hit a retired public housing worker with 20 months in prison on Monday for taking over $83,000 of bribes, showing that prison is the most likely outcome for those convicted of felonies in the anti-bribery sweep.
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August 02, 2024
Boeing Wins Trim Of Rival Engineering Co.'s IP Case, For Now
A Washington federal judge has significantly trimmed an aerospace engineering firm's suit accusing Boeing of stealing patented technology, agreeing with Boeing that many of the claims are inadequate to proceed at this stage, but giving the firm the opportunity to amend them.
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August 02, 2024
Connecticut City Gets Ex-Cop's Arbitration Win Vacated
In a legally rare decision, a Connecticut state judge vacated an arbitration panel's determination that forced a city to reinstate a fired police lieutenant, ruling the arbiters were wrong to ignore an earlier court order banning the lieutenant from coming within 100 yards of the city's police chief.
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August 02, 2024
$115.8M CIA Deal Protester Can't Get 'Extra Credit,' GAO Says
The U.S. Government Accountability Office denied a Virginia small business' challenge to a $115.8 million CIA medical support deal awarded to a competitor, saying the agency reasonably evaluated the protester's proposal when identifying minor or moderate strengths under a technical factor.
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August 02, 2024
6th Circ. Upholds Federal Hospital's Win In Infant Death Suit
The Sixth Circuit has affirmed a judgment in favor of a U.S. government-funded hospital in a suit by a woman alleging malpractice caused the death of her son shortly after birth, finding the evidence supported a Kentucky federal judge's conclusion that doctors did not neglect the woman or the infant during delivery.
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August 02, 2024
Defense Co. Fights DOD Ban For Alleged Subcontractor Ties
A Mideast defense contractor challenged the U.S. Department of Defense's decision to ban it from receiving U.S. contracts, telling a D.C. federal court that it had no way of addressing the security issue that warranted the ban.
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August 02, 2024
2nd Circ. Backs Conviction Over Fake-Therapy Scheme
The Second Circuit on Friday refused to overturn the conviction of a therapist who was found guilty of bilking a New York state program for developmentally disabled children, saying the trial court didn't err in declining to excuse a juror who had loose ties to a government witness.
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August 02, 2024
Panel Says Co. Forfeited $12.7M Claim Over Rail Project
A Colorado Court of Appeals panel has found that a construction company overstated how much it was owed from a public project to build a new Denver rail line and can't seek any remedy for that $12.7 million claim, according to an opinion that applied provisions of a public works law for the first time.
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August 02, 2024
Del. Judge Won't Toss Cos.' False Claims Coverage Dispute
A Delaware Superior Court judge refused to enforce a "no-action" clause in a suit brought by real estate holding companies seeking directors and officers coverage for an underlying False Claims Act qui tam action, according to a document obtained by Law360 on Friday.
Expert Analysis
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Series
Serving In The National Guard Makes Me A Better Lawyer
My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at Baker Donelson.
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Big Business May Come To Rue The Post-Administrative State
Many have framed the U.S. Supreme Court’s recent decisions overturning Chevron deference and extending the window to challenge regulations as big wins for big business, but sand in the gears of agency rulemaking may be a double-edged sword, creating prolonged uncertainty that impedes businesses’ ability to plan for the future, says Todd Baker at Columbia University.
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A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates
Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.
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Criminal Enforcement Considerations For Gov't Contractors
Government contractors increasingly exposed to criminal liability risks should establish programs that enable detection and remediation of employee misconduct, consider voluntary disclosure, and be aware of the potentially disastrous consequences of failing to make a mandatory disclosure where the government concludes it was required, say attorneys at Crowell & Moring.
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Opinion
States Should Loosen Law Firm Ownership Restrictions
Despite growing buzz, normalized nonlawyer ownership of law firms is a distant prospect, so the legal community should focus first on liberalizing state restrictions on attorney and firm purchases of practices, which would bolster succession planning and improve access to justice, says Michael Di Gennaro at The Law Practice Exchange.
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Series
Solving Puzzles Makes Me A Better Lawyer
Tackling daily puzzles — like Wordle, KenKen and Connections — has bolstered my intellectual property litigation practice by helping me to exercise different mental skills, acknowledge minor but important details, and build and reinforce good habits, says Roy Wepner at Kaplan Breyer.
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Texas Ethics Opinion Flags Hazards Of Unauthorized Practice
The Texas Professional Ethics Committee's recently issued proposed opinion finding that in-house counsel providing legal services to the company's clients constitutes the unauthorized practice of law is a valuable clarification given that a UPL violation — a misdemeanor in most states — carries high stakes, say Hilary Gerzhoy and Julienne Pasichow at HWG.
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Series
After Chevron: Good News For Gov't Contractors In Litigation
The net result of the U.S. Supreme Court's decision overturning Chevron deference is that individuals, contractors and companies bringing procurement-related cases against the government will have new pathways toward success, say Joseph Berger and Andrés Vera at Thompson Hine.
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Electrifying Transportation With Public-Private Partnerships
Many clean energy goals remain public policy abstractions that face a challenging road to realization — but public-private partnership models could be a valuable tool to electrify the transportation sector, says Michael Blackwell at Husch Blackwell.
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In Memoriam: The Modern Administrative State
On June 28, the modern administrative state, where courts deferred to agency interpretations of ambiguous statutes, died when the U.S. Supreme Court overruled its previous decision in Chevron v. Natural Resources Defense Council — but it is survived by many cases decided under the Chevron framework, say Joseph Schaeffer and Jessica Deyoe at Babst Calland.
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How High Court Approached Time Limit On Reg Challenges
The U.S. Supreme Court's decision in Corner Post v. Federal Reserve Board effectively gives new entities their own personal statute of limitations to challenge rules and regulations, and Justice Brett Kavanaugh's concurrence may portend the court's view that those entities do not need to be directly regulated, say attorneys at Snell & Wilmer.
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Expect The Unexpected: Contracts For Underground Projects
Recent challenges encountered by the Mountain Valley Pipeline project underscore the importance of drafting contracts for underground construction to account for unexpected site conditions, associated risks and compliance with applicable laws, say Jill Jaffe and Brenda Lin at Nossaman.
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How To Clean Up Your Generative AI-Produced Legal Drafts
As law firms increasingly rely on generative artificial intelligence tools to produce legal text, attorneys should be on guard for the overuse of cohesive devices in initial drafts, and consider a few editing pointers to clean up AI’s repetitive and choppy outputs, says Ivy Grey at WordRake.
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Series
Boxing Makes Me A Better Lawyer
Boxing has influenced my legal work by enabling me to confidently hone the skills I've learned from the sport, like the ability to remain calm under pressure, evaluate an opponent's weaknesses and recognize when to seize an important opportunity, says Kirsten Soto at Clyde & Co.
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Fed. Circ. Percipient Gov't Contract Ruling Is Groundbreaking
The effects of the Federal Circuit's decision last month in Percipient.ai v. U.S. may be limited to commercial product and service suppliers, but it is significant for government procurement in opening the door to protests by suppliers who previously would have lacked standing and Court of Federal Claims jurisdiction, say attorneys at Haynes Boone.