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Government Contracts
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April 24, 2024
Biden Admin Closes $362M Loan To Texas EV-Wiring Maker
The Biden administration has finalized a $362 million loan to help pay for a Texas automotive-wiring component plant, a move intended to boost the U.S. domestic supply chain for electric vehicles.
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April 24, 2024
4th Circ. Revives Worker's Age Bias Suit Against IT Co.
The Fourth Circuit on Wednesday reinstated a former information technology company worker's lawsuit alleging she was unlawfully fired and replaced by someone nearly 30 years her junior, saying a trial court held her to too high a standard when it threw out her case.
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April 24, 2024
EPA Floats $1B In School Bus, Truck Electrification Grants
The U.S. Environmental Protection Agency on Wednesday said it would offer approximately $1 billion in grants to fund the electrification of school buses, garbage trucks and other heavy-duty commercial vehicles, another part of the Biden administration's efforts to decarbonize the U.S. transportation sector.
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April 23, 2024
Globetrotters Say SBA's 'Bureaucratic Hell' Cost COVID Grant
The Harlem Globetrotters on Monday renewed their yearslong fight with the U.S. Small Business Administration over a $10 million COVID-19 relief grant, filing a new suit in D.C. federal court accusing the SBA of leaving the team in "bureaucratic hell" rather than forking over the money it's entitled to.
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April 23, 2024
Tracking Tech Maker Calls USPS' $282M Deal Redo Irrational
A software company pressed the U.S. Court of Federal Claims to again order the U.S. Postal Service to redo a $281.8 million vehicle tracking deal, saying the agency's course correct ignored that one-third of the agreement had been completed.
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April 23, 2024
Security Concerns May Hamper AUKUS Partnership
The U.S. Department of State is facing pressure from Congress to ease export controls to support the fledgling AUKUS defense partnership, but concerns over Australia and the U.K.'s readiness to protect U.S. weapons technology may be causing it to stall.
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April 23, 2024
Sharper Sustainability Rule May Strengthen Bid Protests
A new regulation for more environmentally friendly government purchases puts teeth into a long-standing requirement for sustainable procurement, and is likely to strengthen businesses' arguments in bid protests as agencies wrestle with the full scope of the rule.
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April 23, 2024
Biz Owner Faces Second Jury Over Alleged VA Kickback Plot
An Illinois business owner faced his second federal jury Tuesday as prosecutors asserted he should be convicted of wire fraud for paying kickbacks to a U.S. Department of Veterans Affairs clerk in exchange for medical equipment business that included "bogus" rental fees.
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April 23, 2024
Judge Allows $956M Atty Fees In 3M, DuPont PFAS Settlements
A South Carolina federal judge on Tuesday signed off on attorney fees totaling more than $956 million in settlements with 3M and DuPont over so-called forever chemicals in firefighting foam that contaminated drinking water, saying that another group of lawyers may not have been able to reach the same outcome.
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April 23, 2024
Nuclear Plant Contractor Inks $18.4M Deal To End FCA Claims
The U.S. Department of Justice announced Tuesday that Consolidated Nuclear Security LLC will pay $18.4 million to resolve allegations that it knowingly submitted false claims for time not worked at a nuclear weapons plant.
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April 23, 2024
Juvenile Facility Abuse Suits Will Move To State Court
A trio of plaintiffs who were denied class certification for their civil rights claims against Abraxas Youth and Family Services have agreed to withdraw their federal suit against the juvenile facility operator with an eye toward refiling their remaining claims in state court.
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April 23, 2024
$45B DOE Deal Backed By Common Sense, Contractor Says
A U.S. Department of Energy contractor urged the Federal Circuit to restore a $45 billion deal it won, saying the department was allowed to award the deal despite the contractor not being continuously registered in a federal award management database.
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April 23, 2024
3 More Charged In Iranian Hacks Of Treasury, State Depts.
New York federal prosecutors have charged three more Iranian men for their alleged roles in a hacking campaign targeting the U.S. departments of Treasury and State as well as companies that held security clearances with the American government.
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April 23, 2024
Paul Hastings Transaction Security Adviser Joins V&E
Vinson & Elkins LLP announced the hire Monday of a Paul Hastings LLP attorney with experience advising on national security laws related to foreign investment as a partner in Washington, D.C.
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April 23, 2024
Jury Finds Ex-Ecuadorian Official Guilty Of Money Laundering
A Florida federal jury on Tuesday found the former comptroller of Ecuador guilty on all counts charged against him by the government, which accused him of taking millions of dollars in bribes and directing his son, a banker in Miami, to launder the money.
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April 22, 2024
Judge Finds Feds Own Historic Virgin Islands Resort
A U.S. Virgin Islands federal judge has found the government owns the title to the historic Caneel Bay resort on a St. John peninsula, ruling against an operator in a dispute that arose after the resort suffered damage from back-to-back Category 5 hurricanes in 2017.
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April 22, 2024
Jury Hears Of Torture As Abu Ghraib Contractor Trial Wraps
After six days of trial and three hours of deliberation, the jury for a suit accusing military contractor CACI International of conspiring to commit torture at the Abu Ghraib military prison in Iraq recessed without a verdict Monday.
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April 22, 2024
Miami Seaquarium Operator Fights Eviction Bid In $35M Suit
The operator of the Miami Seaquarium is fighting an alleged attempt by Miami-Dade County to unlawfully terminate its lease, saying in a federal lawsuit it will lose $35 million from a possible eviction that occurred after the company's CEO criticized county officials in an email over the facility's condition.
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April 22, 2024
Texas, Mo. Seek Full Vacatur Of DHS Border Wall Plan
Texas and Missouri on Monday urged a Texas federal court to fully vacate the Biden administration's plans to redirect border wall construction funds, saying the plan adopted an overarching policy the court had declared was unlawful.
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April 22, 2024
Watchdog Nixes Unfair Treatment Claims In $310M VA IT Deal
The U.S. Government Accountability Office was unconvinced that the U.S. Department of Veterans Affair graded an IT firm's bid for a $310.3 million deal more harshly than a competitor's, saying the rankings reflected differences in the bids.
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April 22, 2024
NJ Town Can't Beat Sanctions Over Legal Malpractice Suit
A New Jersey state appeals panel upheld Monday, in a published opinion, sanctions against the borough of Englewood Cliffs for bringing a now-dismissed legal malpractice suit after a purportedly unfavorable affordable housing settlement.
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April 22, 2024
Jury Begins Deliberating In Ex-Ecuador Official's Bribery Trial
Jurors began deliberating Monday afternoon in Florida federal court on the fate of the former comptroller of Ecuador, who prosecutors say took millions of dollars in bribes and directed his son, a banker in Miami, to launder the money.
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April 22, 2024
Feds Botched Building Contract Prices, Watchdog Reports
Federal building overseers in the Southeast U.S. used distorted pricing for medium-term construction contracts that produced significantly inflated and unreasonably low-cost estimates, according to a government watchdog.
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April 22, 2024
Court Tosses Shipbuilders No-Poach Case As Untimely
A Virginia federal court found that a pair of warship designers haven't shown that major shipbuilders for the U.S. military, including General Dynamics and Huntington Ingalls Industries, concealed a "gentlemen's agreement" to not poach workers from one another.
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April 22, 2024
Hedge Funder's IRS Suit Over Leaked Tax Info Gets Trimmed
A Florida federal judge on Monday dismissed part of a hedge fund executive's case seeking to hold the Internal Revenue Service accountable for a leak of his private tax data to the media, saying he failed to show he suffered any damages.
Expert Analysis
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How Biden's AI Order Stacks Up Against Calif. And G7 Activity
Evaluating the federal AI executive order alongside the California AI executive order and the G7's Hiroshima AI Code of Conduct can offer a more robust picture of key risks and concerns companies should proactively work to mitigate as they build or integrate artificial intelligence tools into their products and services, say attorneys at Jenner & Block.
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A Closer Look At Proposed HHS Research Misconduct Rule
The U.S. Department of Health and Human Services' proposed updates to its policies on research misconduct codify many well-known best practices, but also contain some potential surprises for the research community and counsel, say attorneys at Hogan Lovells.
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Attorneys, Law Schools Must Adapt To New Era Of Evidence
Technological advancements mean more direct evidence is being created than ever before, and attorneys as well as law schools must modify their methods to account for new challenges in how this evidence is collected and used to try cases, says Reuben Guttman at Guttman Buschner.
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Suspension And Debarment: FY 2023 By The Numbers
A comparative analysis of System for Award Management data, culminating with fiscal year 2023, reveals a year-over-year drop in annual suspension and debarment numbers so significant as to leave the government contracting community trying to figure out what is happening, says David Robbins at Jenner & Block.
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Tips For Litigating Against Pro Se Parties In Complex Disputes
Litigating against self-represented parties in complex cases can pose unique challenges for attorneys, but for the most part, it requires the same skills that are useful in other cases — from documenting everything to understanding one’s ethical duties, says Bryan Ketroser at Alto Litigation.
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Contracts Disputes Recap: Expect Strict Application Of Rules
Zachary Jacobson and Sarah Barney at Seyfarth examine four recent cases highlighting the importance, for both contractors and government agencies, of strict compliance with the Contract Disputes Act’s jurisdictional requirements and with the Federal Acquisition Regulation's remedy-granting clauses.
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Unpacking The FAR Council's Cybersecurity Rules Proposal
New reporting and information sharing requirements in the Federal Acquisition Regulatory Council's recently proposed cybersecurity regulations would create new False Claims Act enforceability risks, and could be a focus for the U.S. Department of Justice's Civil Cyber Fraud Initiative, say Townsend Bourne and Lillia Damalouji at Sheppard Mullin.
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Pro Bono Work Is Powerful Self-Help For Attorneys
Oct. 22-28 is Pro Bono Week, serving as a useful reminder that offering free legal help to the public can help attorneys expand their legal toolbox, forge community relationships and create human connections, despite the challenges of this kind of work, says Orlando Lopez at Culhane Meadows.
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Series
Playing In A Rock Cover Band Makes Me A Better Lawyer
Performing in a classic rock cover band has driven me to hone several skills — including focus, organization and networking — that have benefited my professional development, demonstrating that taking time to follow your muse outside of work can be a boon to your career, says Michael Gambro at Cadwalader.
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Series
The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'
The murder trials in Netflix’s “The Lincoln Lawyer” illustrate the stark contrast between the ethical high ground that fosters and maintains the criminal justice system's integrity, and the ethical abyss that can undermine it, with an important reminder for all legal practitioners, say Judge Adam Espinosa and Andrew Howard at the Colorado 2nd Judicial District Court.
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Bid Protest Spotlight: Deference Limit, Close-At-Hand Doctrine
In this month's bid protest roundup, Roke Iko at MoFo examines a recent decision from the U.S. Court of Federal Claims about the parameters of agency deference, and one from the U.S. Government Accountability Office that highlights the risk to offerors of relying heavily on evaluators’ prior knowledge.
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New DOJ Roles Underscore National Security Focus
The U.S. Department of Justice’s recent creation of two new leadership positions signals to the private sector that federal law enforcement is pouring resources into corporate investigations to identify potential national security violations, say attorneys at Ballard Spahr.
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Opinion
Newman Suspension Shows Need For Judicial Reform
The recent suspension of U.S. Circuit Judge Pauline Newman following her alleged refusal to participate in a disability inquiry reveals the need for judicial misconduct reforms to ensure that judges step down when they can no longer serve effectively, says Aliza Shatzman at The Legal Accountability Project.
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Lessons From Verizon's Cybersecurity FCA Self-Disclosure
A Verizon unit’s recent agreement to settle allegations of cyber-related False Claims Act violations illustrates the interplay between the government's prioritization of cybersecurity enforcement and the potential benefits of voluntarily disclosing cybersecurity failures, says Denise Barnes at Honigman.
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How And Why Your Firm Should Implement Fixed-Fee Billing
Amid rising burnout in the legal industry and client efforts to curtail spending, pivoting to a fixed-fee billing model may improve client-attorney relationships and offer lawyers financial, logistical and stress relief — while still maintaining profit margins, say Kevin Henderson and Eric Pacifici at SMB Law Group.