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Government Contracts
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February 28, 2025
Up Next At High Court: Gun Violence Liability & Nuclear Waste
The U.S. Supreme Court will return to the bench Monday to consider Mexico's attempt to hold gun manufacturers and distributors liable for cartel-related gun violence and a nuclear waste site dispute that could determine who can challenge future agency actions.
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February 28, 2025
9th Circ. Backs Developer's Conviction For Bribing LA Pol
The Ninth Circuit upheld a developer's conviction for bribing former Los Angeles City Councilor Jose Huizar to foil a challenge to a downtown project, ruling Thursday the district court didn't have to instruct jurors that the government had to prove the developer bribed Huizar to take a specific, official act.
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February 28, 2025
NFL Alums Say Vaccine Fund Misuse Claims Should Fail
The National Football League's largest alumni organization has hit back at a lawsuit that accused it of forcing a biotechnology company out of a COVID-19 vaccine outreach program, arguing Thursday that no underlying contract exists on which to stake the suit.
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February 28, 2025
Judge Questions Refugee Org.'s Contract Termination Claims
A D.C. federal judge seemed unconvinced Friday that an organization of Catholic bishops has much more than contract claims in their bid to stop the Trump administration from terminating refugee resettlement cooperation agreements, though he also questioned government assertions that statutorily-mandated resettlement work is still happening through other means.
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February 28, 2025
GSA Wrongly Axed Lease Over Smelly Building, Board Says
The General Services Administration should not have terminated an office building lease with the Social Security Administration even though the agency ultimately left after employees complained of strange odors, the U.S. Civilian Board of Contract Appeals has ruled.
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February 28, 2025
SuperValu Complains About Falsity Question In FCA Case
Whistleblowers claiming SuperValu overcharged the government by $123 million for prescriptions can ask witnesses a single question alluding to a bitterly contested legal finding in the False Claims Act case in Illinois federal court, the grocer revealed in a motion objecting to the judge allowing that question.
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February 27, 2025
High Court Asked To Weigh Investors' Eminent Domain Case
A pair of real estate investors want the U.S. Supreme Court to review their loss in New York state appellate court regarding a suit seeking additional compensation for a residential property that the Rochester Genesee Regional Transportation Authority took from them through eminent domain.
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February 27, 2025
ICE Inks Contracts To House 2,000 Immigrant Detainees
U.S. Immigration and Customs Enforcement has awarded contracts to house more than two thousand detainees at facilities owned by private detention firms GEO Group Inc. and CoreCivic Inc., including a $1 billion deal to reopen a previously closed facility.
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February 27, 2025
DOL Watchdog Asks To Ensure Wages Are In H-2A Certs
The office in charge of reviewing H-2A applications for foreign workers should boost its procedures to make sure the requests have the correct prevailing wage rates, the U.S. Department of Labor's agency watchdog said in an audit report publicly released Thursday.
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February 27, 2025
Alsup Halts 'Illegal' Firings Of Probationary Federal Workers
U.S. District Judge William Alsup on Thursday temporarily blocked the mass firings of probationary federal employees ordered by President Donald Trump's administration, determining that the Office of Personnel Management illegally directed government agencies to terminate the probationary employees without authority to do so from Congress.
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February 27, 2025
Convicted COVID Aid Fraudster Gets 11 Years For $7.6M Plot
A man convicted of conspiring to bilk about $7.6 million from the U.S. Small Business Administration through COVID-19 relief applications submitted in other people's names has been sentenced to 11 years in prison, New York federal prosecutors said Thursday.
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February 27, 2025
Relator Fights Discovery Ruling In FCA Suit Against AECOM
A whistleblower accusing AECOM of falsely billing the U.S. Army on a $1.9 billion contract urged a New York federal judge to rethink a decision to deny discovery requests, arguing the company improperly withheld information it's now asserting in a summary judgment bid.
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February 26, 2025
High Court Halts Trump's Wed. Night Deadline To Restore Aid
The U.S. Supreme Court late Wednesday paused a Washington, D.C., federal judge's late-night deadline ordering the Trump administration to restore nearly $2 billion in foreign assistance funding.
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February 26, 2025
DOJ Drops Suits Over Police, Firefighter Discriminatory Hiring
The U.S. Department of Justice said Wednesday it was dropping lawsuits across the country over allegedly discriminatory practices for hiring police officers and firefighters, saying the litigation "unjustly targeted fire and police departments for using standard aptitude tests."
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February 26, 2025
Judge Says VA Could Exclude $14B Consulting Deal Bid
A Court of Federal Claims judge has rejected a protest over a company's exclusion from a $14 billion multiaward consulting contract, saying the U.S. Department of Veterans Affairs appropriately determined the firm wasn't qualified for the deal.
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February 26, 2025
GAO Says Bidder Misunderstood Army Deal Requirements
The Government Accountability Office has dismissed a protest by Operations Services Inc. challenging the Army's award of a $7.3 million task order to another bidder, saying the company's protest is premised on a misunderstanding of the solicitation requirements.
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February 26, 2025
Trump Orders Fed Agencies To Plan For Large Layoffs
The White House is telling federal agencies to submit plans for "large-scale" layoffs by mid-March, accusing them of siphoning funding for "unproductive and unnecessary programs" and "not producing results for the American public."
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February 26, 2025
NJ Tech Co. Misled Investors On NASA Partnership, Suit Says
Computer chip manufacturer Quantum Computing Inc. was hit with a proposed shareholder class action alleging it overhyped its business relationships, including its partnership with NASA, and lied about its revenues and the progress it made in building a foundry.
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February 26, 2025
Ga. Judge OKs Deal To End Feds' Apartment Access Probe
A Georgia federal judge has signed off on a series of consent orders resolving a civil suit brought by the federal government against a Savannah apartment complex and a local housing authority over allegations that they denied a disabled resident an accessible apartment in spite of her repeated accommodation requests.
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February 26, 2025
Dems Pan Trump Reversal On US Weapons Order
The top Democrat on the House Foreign Affairs Committee condemned the Trump administration's decision to scrap an order requiring potential international law violations involving U.S.-supplied weapons to be reported to Congress, calling it "a step backward."
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February 26, 2025
Chicago Nonprofit Sues Trump Over Anti-DEI Orders
A Chicago-based women's trade group sued the Trump administration in Illinois federal court Wednesday, claiming his recent executive orders restricting federal diversity, equity and inclusion programs are unconstitutional and unlawfully chill the organization's free speech.
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February 26, 2025
Planned Parenthood Immune From FCA Suit, 5th Circ. Says
Planned Parenthood is entitled to attorney immunity, the Fifth Circuit said Wednesday in a case that had accused the organization of improperly billing Medicaid programs for millions after losing its Medicaid credentials.
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February 26, 2025
GAO Says $35B Satellite System Needs Better Development
The U.S. Government Accountability Office said Wednesday that the Space Development Agency is pushing ahead with a $35 billion missile warning satellite system without its laser communications system fully working, creating the risk the system may not work as intended.
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February 26, 2025
SDA Chief Revealed Bid Info To $254M Awardee, Report Says
The Space Development Agency has made public an internal report confirming that its director revealed bidding information to Tyvak Nano-Satellite Systems prior to awarding it a $254 million contract.
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February 26, 2025
Pittsburgh Official Fights Bid To Revive Israel Divestment Vote
A proposed ballot measure in Pittsburgh seeking to ban the city from doing business with Israel in the wake of the recent Gaza hostilities is facing multiple challenges, including one from the city controller who said passing the initiative would significantly disrupt the city's operations.
Expert Analysis
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3 Noteworthy Effects Of The 2025 NDAA
The 2025 defense budget includes further restrictions on semiconductor sales to Huawei, requiring companies to rethink customer-base oversight, but other provisions are likely to broaden procurement contract opportunities, say attorneys at Miles & Stockbridge.
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FTC Privacy Enforcement Takeaways From 2024
In 2024, the Federal Trade Commission distinguished three prominent trends in its privacy-related enforcement actions: geolocation data protections, data minimization practices, and artificial intelligence use and marketing, say Cobun Zweifel-Keegan at IAPP and James Smith at Dechert.
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Rethinking Litigation Risk And What It Really Means To Win
Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.
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Public Corruption Enforcement In 2024 Has Clues For 2025
If 2024 activity is any indication, the U.S. Supreme Court will likely continue to rein in expansive prosecutorial theories of fraud in the year to come, but it’s harder to predict what the new administration will mean for public corruption prosecutions in 2025, says Cathy Fleming at Offit Kurman.
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Anticipating How GAO Pleading Standards May Shift
The 2025 National Defense Authorization Act's mandate to create an enhanced pleading standard at the U.S. Government Accountability Office may change the calculus for where to file when challenging a U.S. Department of Defense procurement, say attorneys at Rogers Joseph.
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How DOGE's Bite Can Live Up To Its Bark
All signs suggest that the Department of Government Efficiency will be an important part of the new Trump administration, with ample tools at its disposal to effectuate change, particularly with an attentive Republican-controlled Congress, say attorneys at K&L Gates.
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5 Notable Information Security Events In 2024
B. Stephanie Siegmann at Hinckley Allen discusses 2024's largest and most destructive data breaches seen yet, ranging from ransomware disrupting U.S. healthcare systems on a massive scale, to tensions increasing between the U.S. and China over cyberespionage and the control of U.S. data.
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US-China Deal Considerations Amid Cross-Border Uncertainty
With China seemingly set to respond to the incoming U.S. administration's call for strategic decoupling and tariffs, companies on both sides of the Pacific should explore deals and internal changes to mitigate risks and overcome hurdles to their strategic plans, say attorneys at Covington.
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Series
Playing Rugby Makes Me A Better Lawyer
My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.
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How 2025 NDAA May Affect DOD Procurement Protests
A bid protest pilot program included in the 2025 National Defense Authorization Act shifts litigation costs onto unsuccessful bid protesters and raises claim-filing thresholds, which could increase risks to U.S. Department of Defense contractors who file protests, and reduce oversight of DOD procurement awards, say attorneys at Venable.
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Opinion
No, Litigation Funders Are Not 'Fleeing' The District Of Del.
A recent study claimed that litigation funders have “fled” Delaware federal court due to a standing order requiring disclosure of third-party financing, but responsible funders have no problem litigating in this jurisdiction, and many other factors could explain the decline in filings, say Will Freeman and Sarah Tsou at Omni Bridgeway.
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5 E-Discovery Predictions For 2025 And Beyond
In the year to come, e-discovery will be shaped by new and emerging trends, from the adoption of artificial intelligence provisions in protective orders, to the proliferation of emojis as a source of evidence in contemporary litigation, say attorneys at Littler.
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What To Expect From Federal Cybersecurity Policy In 2025
There are 12 cyber policy questions to keep an eye on as the new administration and Republican control of Congress present an opportunity to advance less regulatory approaches and revisit some choices from the prior administration, say attorneys at Wiley.
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Republican Trifecta Amplifies Risks For Cos. In 3 Key Areas
Expected coordination between a Republican Congress and presidential administration may expose companies to simultaneous criminal, civil and congressional investigations, particularly with regard to supply chain risks in certain industries, government contracting and cross-border investment, say attorneys at Morgan Lewis.
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Bid Protest Spotlight: Certification, Lateness, SBA Eligibility
In this month's bid protest roundup, Cody Fisher at MoFo examines three recent decisions from the U.S. Court of Appeals for the Federal Circuit and the U.S. Government Accountability Office that address the treatment of a proposal that was timely submitted but received late, and highlight nuances of certification and small business eligibility requirements.