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Government Contracts
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June 27, 2024
Gov't Can Take Corrective Action 'At Any Time,' Fed. Circ. Told
The federal government is urging the Federal Circuit to affirm a decision allowing a U.S. Department of Commerce corrective action on a $1.5 billion information technology deal during ongoing bid protests, saying government agencies can take such actions whenever they want.
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June 27, 2024
Construction Co. Ordered To Stop Misusing Credentials
A construction engineering firm was ordered by a Massachusetts state court judge on Wednesday to stop identifying an employee as a construction supervisor on projects he's not involved with.
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June 27, 2024
US Service Members Want Timeshare Class Action Certified
A putative class of U.S. service members who borrowed timeshare loans pushed for class certification for their suit in Florida federal court against two timeshare companies, which were accused of violating the Military Lending Act by not making legally required disclosures about the loans and arbitration requirements.
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June 27, 2024
Madigan Judge Doesn't Want Trial To Slip After Justices Rule
The Illinois federal judge overseeing the Racketeer Influenced and Corrupt Organizations Act case against former Illinois House Speaker Michael Madigan said Thursday he was hesitant to delay an October trial after the U.S. Supreme Court removed prosecutors' ability to go after state officials for accepting gratuities.
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June 27, 2024
Boeing Settles Suit Claiming NC Fund Ransomed Plane Parts
The Boeing Co. and the private investment firm it accused of forcing a new supply contract under false pretenses before raising prices for aircraft parts by more than 300% have agreed to settle their dispute, according to a new notice filed in North Carolina federal court.
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June 27, 2024
Ex-Deputy Mayor Of Newark Pleads Guilty In Bribery Scheme
A former deputy mayor of Newark, New Jersey, has admitted in federal court that he conspired with two business owners in a bribery scheme involving the acquisition and redevelopment of various city-owned properties, federal prosecutors said.
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June 27, 2024
Bradley Arant Adds Former Wells Fargo Associate GC In DC
Bradley Arant Boult Cummings LLP has hired a former associate general counsel for both Wells Fargo and Bank of America, who previously served as a U.S. attorney in the Central District of California and most recently as a Nelson Mullins Riley & Scarborough LLP partner.
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June 26, 2024
Claims Court Says USAID Wrongly Cut JV From $800M Deal
The U.S. Court of Federal Claims has ruled that the U.S. Agency for International Development was wrong to rescind a joint venture's slot on an $800 million support services procurement after one of its members was suspended from federal contracting.
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June 26, 2024
Moms For America Sues Biden Admin Over Vax Liability Law
Conservative nonprofit Moms for America has sued the Biden administration over a law that shields companies from COVID-19 vaccine injury lawsuits, saying the law is unconstitutional because it circumvents judicial review and violates fundamental rights, including due process and trial by jury.
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June 26, 2024
Justices Chide 5th Circ. In Biden Social Media Case
The Fifth Circuit relied on "clearly erroneous" facts and an overgeneralized view of standing when it ordered the Biden administration to stop working with social media platforms to combat COVID-19 and election misinformation, the U.S. Supreme Court ruled Wednesday as it threw out a challenge to the government's actions.
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June 26, 2024
After Covering For Ex, Man Gets 53 Months For PPP Scheme
A Georgia man who pled guilty to being a key player in an $11 million pandemic loan fraud ring was hit with a 53-month prison term Wednesday, a sentence that wasn't helped after a federal judge found he lied on the stand testifying for his ex-wife and co-conspirator at her trial earlier this year.
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June 26, 2024
Julian Assange Freed After Judge Accepts US Plea Deal
Julian Assange returned to his native Australia on Wednesday hours after a federal judge in the Northern Mariana Islands accepted his plea deal with the U.S. Department of Justice and sentenced him to time served for conspiring to disclose national security information.
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June 26, 2024
GAO Backs BAE Protest Over $12B Missile Support Deal
The U.S. Government Accountability Office has backed a BAE Systems unit's protest over a $12 billion contract to support the U.S. Air Force's nuclear missile office, saying the Air Force didn't properly assess whether awardee Guidehouse's labor plans were realistic.
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June 26, 2024
Supreme Court Bribery Ruling Limits Government's 'Arsenal'
The U.S. Supreme Court's decision Wednesday limiting the reach of a federal bribery law has removed a "novel" tool that prosecutors employed in a wide range of public corruption cases and could result in fewer prosecutions of state and local officials, experts say.
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June 26, 2024
Fed. Circ. Says No Fees For HID Global In Patent Suit
The Federal Circuit has backed a U.S. Court of Federal Claims finding that HID Global Corp. can't have attorney fees after being let out of patent litigation brought by Giesecke & Devrient, but it affirmed on different grounds.
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June 26, 2024
Judge Won't Free Texas Officials From Lengthy Detention Suit
A Texas federal judge refused to toss four migrants' claims that state officials detained them for longer than allowed, saying they have pled enough misconduct that, if true, would show the officers were aware they were holding detainees for weeks past their release date.
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June 26, 2024
Miami-Dade Cites Animal Harm In Aquarium Eviction Action
Miami-Dade County has sued to evict an aquarium from a government-owned waterfront site following reports that the operator didn't clean and maintain the 70-year-old facility well enough and repeatedly failed to care for dolphins, manatees and other animals held at the theme park.
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June 26, 2024
Fed. Circ. Denies Contractor's $37M Tax Reimbursement Bid
A U.S. State Department armed security contractor is not entitled to $37 million in reimbursement tied to tax payments to the Afghan government because the contractor's parent company, not the company itself, incurred the costs associated with the payments, the Federal Circuit said Wednesday.
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June 26, 2024
Justices Say Bribery Law Doesn't Criminalize Gratuities
The U.S. Supreme Court on Wednesday narrowed the scope of a federal bribery law frequently used in corruption cases against local officials, in a 6-3 ruling in favor of a former Indiana mayor who argued the law only criminalizes quid pro quo bribery and not rewards given after an official act.
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June 26, 2024
High Court Axes Challenge To Biden Admin's Social Media Work
The U.S. Supreme Court wiped out a Fifth Circuit order prohibiting the Biden administration and several federal agencies from working with social media platforms to combat the spread of misinformation Wednesday, finding the states and individuals challenging the collaboration don't have standing to sue.
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June 25, 2024
Judge Likely To Block Medical Record Co.'s Anti-Bot CAPTCHAs
A Maryland federal judge appeared ready to enjoin electronic medical records company PointClickCare from restricting nursing home analytics company Real Time Medical Systems' automated access to its online repositories Tuesday, potentially taking an early crack at defining the 21st Century Cures Act's data sharing provisions.
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June 25, 2024
Pappas Restaurants 'Invented' Causes In Houston Airport Suit
The city of Houston told a state appeals court Tuesday that it should be shielded from a suit filed by Pappas Restaurants that alleges its procurement process caused Pappas to unfairly lose a 2023 contract with the William P. Hobby Airport because the contract for airport concessions did not require the city to spend any money.
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June 25, 2024
Texas Appeals Court Reverses Dallas Transit Contractor's Win
A Texas appeals court has revived a subcontractor's lawsuit against a company that oversees the Dallas Area Rapid Transit Authority's services for people with disabilities, saying this week the subcontractor's allegations were strong enough to withstand a motion to dismiss.
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June 25, 2024
Dems Seek 'Honest Evaluation' Of New ICBM Program
Thirteen Democrats, including the co-chairs of the Congressional Nuclear Weapons and Arms Control Working Group, are calling for an "honest evaluation" of the U.S. Air Force's new intercontinental ballistic missile program due to cost overruns.
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June 25, 2024
Ex-SEPTA Surveillance Unit Head Gets 37 Months For Bribery
A former director of video surveillance for a Pennsylvania transportation authority was sentenced Monday for his role in a bribery and extortion scheme in which he exchanged inside information for thousands of dollars, concert tickets and a future job.
Expert Analysis
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What The Law Firm Of The Future Will Look Like
As the legal landscape shifts, it’s become increasingly clear that the BigLaw business model must adapt in four key ways to remain viable, from fostering workplace flexibility to embracing technology, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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4 PR Pointers When Your Case Is In The News
Media coverage of new lawsuits exploded last year, demonstrating why defense attorneys should devise a public relations plan that complements their legal strategy, incorporating several objectives to balance ethical obligations and advocacy, say Nathan Burchfiel at Pinkston and Ryan June at Castañeda + Heidelman.
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The Space Law And Policy Outlook For 2024
Expect significant movement in space law, regulation and policy in 2024, as Congress, the administration and independent federal agencies like the Federal Communications Commission address the increasingly congested, contested and competitive nature of space and the space industry, say Paul Stimers and Leighton Brown at Holland & Knight.
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Law Firm Strategies For Successfully Navigating 2024 Trends
Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.
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The Most-Read Legal Industry Law360 Guest Articles Of 2023
A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.
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Inside Higher Education's New FCA Liability Challenges
As the educational sector expands its use of government funding, schools are at increased risk under the False Claims Act, but recent settlements offer valuable lessons about new theories of liability they may face and specific procedures to reduce their exposure, say James Zelenay and Jeremy Ochsenbein at Gibson Dunn.
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HHS Advisory Highlights Free Product Inducement Risks
A recent U.S. Department of Health and Human Services advisory opinion highlights concerns that valuable free products and other inducements may influence patients and providers to choose one manufacturer’s product over another, notwithstanding that such free healthcare products may be a benefit, say attorneys at Morgan Lewis.
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Attorneys' Busiest Times Can Be Business Opportunities
Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.
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Bribery Bill Fills Gap In Foreign Corruption Enforcement
Congress recently passed the Foreign Extortion Prevention Act, significantly expanding the U.S. government's ability to prosecute foreign officials who seek or demand bribes, but if enacted, the legislation could also create tension with other nations, say attorneys at Ropes & Gray and Mayer Brown.
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In The World Of Legal Ethics, 10 Trends To Note From 2023
Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.
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Contract Disputes Recap: Termination and Accrual
Edward Arnold and Bret Marfut at Seyfarth Shaw examine three recent decisions that illustrate why contractors should consider, during the bidding process, impediments to their ability to meet contract requirements, and the need to track the accrual dates of individual claims that may arise during performance to avoid being time-barred.
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How Attorneys Can Be More Efficient This Holiday Season
Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.
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5 Gifts That May Run Afoul Of Government Ethics Rules
As the holiday season ramps up, it’s essential to keep in mind that government officials and employees are all subject to specific gift rules, and related violations can lead to consequences far worse than coal in one’s stocking, say Mark Renaud and Rob Walker at Wiley.
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What DOD Commercial Product Rule Means For Contractors
A recent amendment to the Defense Federal Acquisition Regulation Supplement, along with forthcoming changes to the definition of what constitutes a subcontract, will offer some relief for commercial products and services contractors, but the U.S. Department of Defense should do more to reduce regulatory burdens, say Daniel Ramish and Jonathan Shaffer at Haynes Boone.
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Series
Children's Book Writing Makes Me A Better Lawyer
Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.