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Government Contracts
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October 22, 2024
The 2024 Prestige Leaders
Check out our Prestige Leaders ranking, analysis and interactive graphics to see which firms stand out for their financial performance, attractiveness to attorneys and law students, ability to secure accolades and positive legal news media representation.
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October 22, 2024
How Law Firms Get And Keep Elite Status
For decades, a handful of New York-based law firms thoroughly dominated the national consciousness when it came to power, profitability and prestige. But in today's legal market, increased movement of partners and clients from one firm to the next has begun to shake things up and create opportunities for go-getters to ascend the ranks.
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October 21, 2024
9th Circ. Judge Slams 'Reprehensible' Policy In Jail Death
A Ninth Circuit judge on Monday blasted a healthcare contractor's policy that denied hospital treatment for a woman in a Washington jail who died from a ruptured intestine, but nevertheless questioned if a $24 million punitive damage jury award was excessive.
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October 21, 2024
Madigan Part Of 'Corruption At The Highest Levels,' Jury Told
Former Illinois House Speaker Michael Madigan and his loyal right hand Michael McClain engaged in an eight-year "campaign of bribery," leveraging his public office and leadership roles to steer business to Madigan's property tax law firm, enrich his allies with do-nothing jobs and maintain his considerable political power, prosecutors told an Illinois federal jury Monday.
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October 21, 2024
Gov't Seeks To End Most Presumptive 'Buy American' Waivers
The White House said Monday the Federal Acquisition Regulatory Council will remove most items from its list of presumptive exemptions to the "Buy American" requirements for federal acquisitions, including crude oil, furthering the Biden administration's efforts to boost domestic manufacturing.
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October 21, 2024
DC Moves To Buy NBA, NHL Arena In $800M Overhaul Plan
Washington, D.C., Mayor Muriel Bowser on Monday announced the introduction of legislation to buy Capital One Arena for $87.5 million to keep the Washington Capitals and Washington Wizards in town, after months of negotiations with Sidley Austin LLP advising the arena owner.
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October 21, 2024
Judge Hints 'Contract' Key To Utility Cleanup Enforcement
An Avangrid Inc. unit's responsibility or lack thereof for cleaning up a contaminated former power plant hinges on whether a partial consent order from the Connecticut Department of Energy and Environmental Protection, or DEEP, is legally a contract, a state court judge signaled Monday.
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October 21, 2024
Mike Pence Supports US Steel-Nippon, Calls Critiques 'Bogus'
Former Vice President Mike Pence has come out in support of Nippon Steel's planned $14.9 billion acquisition of U.S. Steel, stating that Nippon will inject essential funding into the ailing Pennsylvania-based steelmaker while helping to fend off China and Russia's growing levels of global steel production.
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October 21, 2024
DJI Challenges DOD's Chinese Military Co. Designation
Drone manufacturer DJI has challenged its listing as a Chinese military company in D.C. federal court, saying the U.S. Department of Defense's designation was supported by "scattershot" reasoning and has harmed the company's finances and reputation.
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October 21, 2024
Justices Turn Away Ex-Raytheon Workers' Vaccine Bias Suit
The U.S. Supreme Court declined Monday to review the dismissal of a lawsuit alleging Raytheon Technologies Corp. harassed and forced out employees who received religious exemptions from its COVID-19 vaccine policy, despite workers' assertion that the Ninth Circuit applied erroneously narrow standards.
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October 18, 2024
Law360 MVP Awards Go To Top Attys From 74 Firms
The attorneys chosen as Law360's 2024 MVPs have distinguished themselves from their peers by securing hard-earned successes in high-stakes litigation, complex global matters and record-breaking deals.
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October 18, 2024
Ex-Detainees Say Co. Can't Escape ICE Forced Labor Case
Former detainees of a Georgia immigration detention center are asking a federal judge not to let the private prison company that owned the facility out of a lawsuit accusing it of forcing them to work for as little as $1 a day.
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October 18, 2024
What Attorneys Expect From Harris And Trump On Patents
Patents have scarcely been mentioned during the presidential campaign, but attorneys say that positions taken by the candidates suggest Donald Trump would favor stronger patent rights, while Kamala Harris would focus on steps to make drugs and other patented inventions more widely available.
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October 18, 2024
Fed. Circ. Says HUD Owes No More For Canceled Contracts
The Federal Circuit on Friday refused to grant a U.S. Department of Housing and Urban Development contractor costs and damages for the cancelation of contracts to sell foreclosed properties, saying HUD owed no more than the contractual minimums already paid.
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October 18, 2024
'Chaos' At New Mich. Jail Is Forcing Longer Stays, Suit Says
A former detainee at Wayne County, Michigan's month-old jail alleged in a lawsuit that the center's "operational and administrative chaos," including staff shortages and computer system stoppages, has led to people getting lost in the system and being held for days after they were ordered released.
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October 18, 2024
HHS Slams Hackensack Meridian's Chevron-Inspired Suit
The U.S. Department of Health and Human Services has torn into a suit from New Jersey's largest healthcare network over Medicare reimbursements, arguing the network has "chosen to blaze a path … that is both prohibited by Congress and unsanctioned by precedent."
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October 18, 2024
How Denver Made Migrant Busing Work In Its Favor
City of Denver officials began having discussions in 2022 about accommodating a potential influx of immigrants, amid reports of Texas Gov. Greg Abbott busing them out of his border state to Democratic cities.
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October 18, 2024
Redactable Nabs $1.9M Contract Increase With Air Force
Redactable Inc., whose software tool uses artificial intelligence to detect personally identifiable information in documents and redact it, announced Thursday a $1.9 million contract increase with the U.S. Air Force and its innovation arm AFWERX, two current customers with the New York-based startup.
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October 18, 2024
Feds Win 1st Trial In Sprawling NYC Housing Bribery Case
A former New York City Housing Authority superintendent was convicted of taking bribes to award no-bid contracts, handing federal prosecutors a win in the first trial in a case that saw 70 defendants arrested earlier this year.
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October 17, 2024
Gov't Tells Justices To Reject Return Mail's Alice Petition
The federal government says the U.S. Supreme Court should not hear a small Alabama company's appeal of a lower court's invalidation of claims in its patent on processing undeliverable mail, arguing that the claims were not patent eligible.
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October 17, 2024
Air Force Owes Contractor COVID-19 Quarantine Costs
The U.S. Air Force must bear the costs a contractor incurred complying with a two-week COVID-19 quarantine requirement, the Armed Services Board of Contract Appeals has ruled, faulting the government for refusing to establish all the elements of an asserted defense.
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October 17, 2024
GAO Finds VA Rightly Canceled Too-High 'Wander System' Bid
The U.S. Government Accountability Office backed a U.S. Department of Veterans Affairs decision rejecting a lone bid that came in at more than double the agency's budget for a wander management system at a medical center in Fresno, California.
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October 17, 2024
Army Can't Ignore Inconsistencies On $280M Logistics Orders
The U.S. Government Accountability Office has backed a trio of protests over roughly $280 million in task orders issued under a massive logistics support contract, saying the U.S. Army improperly ignored inconsistencies in the awardee's approach to small business participation requirements.
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October 17, 2024
Contractor Tells Fed. Circ. Navy Improperly Canceled Deal
A contractor urged the Federal Circuit to abandon a lower court finding that the U.S. Navy reasonably canceled an agreement for it to provide engineering services for a Florida naval air station, saying in a filing Wednesday that a termination memorandum the government submitted to the court appears to be "fraudulent."
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October 17, 2024
Feds Drop Marketing Exec's Tricare Fraud Case In Florida
A Florida marketing executive previously convicted in a healthcare fraud scheme and then granted a new trial has had his criminal case dismissed by U.S. attorneys after he alleged prosecutorial misconduct, saying federal officials violated his constitutional rights and fed lies to a grand jury in order to secure an indictment.
Expert Analysis
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Law Firms Should Move From Reactive To Proactive Marketing
Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.
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3 High Court Rulings May Shape Health Org. Litigation Tactics
Three separate decisions from the U.S. Supreme Court's most recent term — Loper Bright, Corner Post and Jarkesy — will likely strengthen healthcare organizations' ability to affirmatively sue executive agencies to challenge regulations governing operations and enforcement actions, say attorneys at McDermott.
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Opinion
The Big Issues A BigLaw Associates' Union Could Address
A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.
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Opinion
It's Time For A BigLaw Associates' Union
As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.
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Why DOJ's Whistleblower Program May Have Limited Impact
The U.S. Department of Justice’s new whistleblower pilot program aims to incentivize individuals to report corporate misconduct, but the program's effectiveness may be undercut by its differences from other federal agencies’ whistleblower programs and its interplay with other DOJ policies, say attorneys at Milbank.
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Takeaways From Virginia's $2B Trade Secrets Verdict Reversal
The Virginia Court of Appeals' recent reversal of the $2 billion damages award in Pegasystems v. Appian underscores the claimant's burden to show damages causation and highlights how an evidentiary ruling could lead to reversible error, say John Lanham and Kamran Jamil at Morrison Foerster.
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How Justices Upended The Administrative Procedure Act
In its recent Loper Bright, Corner Post and Jarkesy decisions, the U.S. Supreme Court fundamentally changed the Administrative Procedure Act in ways that undermine Congress and the executive branch, shift power to the judiciary, curtail public and business input, and create great uncertainty, say Alene Taber and Beth Hummer at Hanson Bridgett.
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Parsing FY 2024 DOJ Criminal Healthcare Fraud Enforcement
While the U.S. Department of Justice's Criminal Division's strike force on healthcare fraud enforcement action shows an impressive doubling of criminal indictments, a closer look at the data offers important clues about underlying trends, including the comparably modest, accompanying increase in associated intended loss, say Roderick Thomas and Kathleen Cooperstein at Wiley.
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How Gov't AI Protections May Affect Contractors' Data Rights
The U.S. Senate’s proposed National Defense Authorization Act for 2025, which includes provisions to maintain the government's data rights when contracting for artificial intelligence, should prompt contractors to examine how to protect their own rights when the current data rights framework is applied to AI, say Tyler Evans and Caitlin Conroy at Steptoe.
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Lessons From Recent SEC Cyber Enforcement Actions
The recent guidance by the SEC's Division of Corporation Finance is helpful to any company facing a cybersecurity threat, but just as instructive are the warnings raised by the SEC's recent enforcement actions against SolarWinds, R.R. Donnelley and Intercontinental Exchange, say attorneys at O'Melveny.
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9th Circ. Ruling Flags Work Harassment Risks Of Social Media
The recent Ninth Circuit ruling in Okonowsky v. Garland, holding an employer could be liable for a co-worker's harassing social media posts, highlights new challenges in technology-centered and remote workplaces, and underscores an employer's obligation to prevent hostile environments wherever their employees clock in, say Jennifer Lada and Phillip Schreiber at Holland & Knight.
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Mirror, Mirror On The Wall, Is My Counterclaim Bound To Fall?
A Pennsylvania federal court’s recent dismissal of the defendants’ counterclaims in Morgan v. Noss should remind attorneys to avoid the temptation to repackage a claim’s facts and law into a mirror-image counterclaim, as this approach will often result in a waste of time and resources, says Matthew Selmasska at Kaufman Dolowich.
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Series
Playing Dungeons & Dragons Makes Me A Better Lawyer
Playing Dungeons & Dragons – a tabletop role-playing game – helped pave the way for my legal career by providing me with foundational skills such as persuasion and team building, says Derrick Carman at Robins Kaplan.
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Bid Protest Spotlight: Misplaced Info, Trade-Offs, Proteges
James Tucker at MoFo examines three recent decisions concerning the consequences of providing solicited information in the wrong section of a bid proposal, the limits of agency discretion in technical merit, best-value trade-off evaluations, and the weight of the experience and capabilities of small businesses in mentor-protégé joint venture qualification.
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Del. Dispatch: Director Caremark Claims Need Extreme Facts
The Delaware Court of Chancery recently dismissed Caremark claims against the directors of Centene in Bricklayers Pension Fund of Western Pennsylvania v. Brinkley, indicating a high bar for a finding of the required element of bad faith for Caremark liability, and stressing the need to resist hindsight bias, say attorneys at Fried Frank.