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Government Contracts
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January 01, 2025
Trials To Watch In 2025
The coming year will bring the first bellwether trials in the closely watched federal baby formula mass litigation, the first courtroom battle over a COVID-19 vaccine patent and six major retailers' case against Visa and Mastercard over card swipe fees.
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January 01, 2025
Gov't Contracts Cases To Watch In 2025
Federal courts in 2025 are expected to rehear a finding underpinning a high-profile commercial item contracting dispute, to determine the allowability of contentious labor-related clauses in federal contracts, and to decide whether to back the government's aggressive enforcement of cybersecurity regulations.
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January 01, 2025
Gov't Contracts Policies To Watch In 2025
There are several planned and potential changes to federal procurement policy that government contractors need to be on watch for in 2025, from pending recommendations of a proposed Elon Musk-led advisory body on government efficiency, to key definitions underpinning cybersecurity and domestic sourcing rules.
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January 01, 2025
Transportation Regulation & Legislation To Watch In 2025
The Trump administration's expected rollback of rules intended to slash vehicle emissions and accelerate electric vehicle adoption, alongside a spate of new tariffs impacting the supply chain, are just some of the transportation industry's top regulatory priorities to watch in 2025.
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December 23, 2024
DOL Wants Full 9th Circ. Review Of Contractor Wage Ruling
A split Ninth Circuit panel decision that blocked President Joe Biden from raising federal contractors' minimum wage to $15 an hour shrinks the president's power, the U.S. Department of Labor said, urging the full appellate court to step in.
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December 20, 2024
TD Bank, Boeing And Medicare: Compliance Headlines In 2024
Corporate compliance lessons were never far from the headlines in 2024, as regulatory challenges and headaches facing industries ranging from healthcare to aerospace played front and center, including TD Bank's historic $3.1 billion money laundering settlement that federal prosecutors billed as one for the risk-management textbooks.
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December 20, 2024
Independent Health Inks $98M Deal For Medicare Overcharges
Independent Health Association Inc. has agreed to pay up to $98 million to resolve a decade-old False Claims Act whistleblower suit alleging it knowingly submitted invalid diagnosis codes for Medicare Advantage Plan enrollees to boost payments that the insurer received from Medicare, the U.S. Department of Justice announced Friday.
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December 20, 2024
3rd Circ. Denies Challenge To Pa. Autism Settlement
A Third Circuit panel on Friday rejected claims a settlement requiring around-the-clock care for a woman with autism is too impractical to be enforced, reversing a lower-court decision and handing a victory to the Pennsylvania woman's family.
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December 20, 2024
Senate Passes 3-Month Funding Bill, Avoiding Shutdown
The U.S. Senate on Saturday passed a three-month temporary government funding deal after the removal of a contentious proposal to suspend the federal debt ceiling, staving off a government shutdown.
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December 20, 2024
Top Under-The-Radar Gov't Contracts Cases Of 2024
Here are four lower-profile decisions in 2024 with important legal findings for federal contractors, addressing issues such as when a contractor needs to press an agency for payment and when the government cannot claim sovereign immunity for COVID-19 response.
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December 20, 2024
Top Government Contracts Of 2024: Year In Review
This year, the U.S. General Services Administration made dozens of awards for two massive, uncapped governmentwide deals, while the U.S. Department of Energy awarded more than $70 billion both for making nuclear weapons and cleaning up their legacy. Here, Law360 looks at seven of the biggest government contracts awarded in 2024.
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December 20, 2024
DC Circ. Backs Dismissal Of Energy Co.'s $1.1B Angola Suit
The D.C. Circuit refused Friday to revive an energy company's lawsuit against Angola over $1.1 billion worth of nixed power plant contracts, agreeing with courts in New York that the dispute must be litigated in the African country.
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December 20, 2024
Camp Lejeune Toxic Water Litigants Cite EPA's Chemical Ban
Veterans and family members who claim they were injured due to contaminated water at Camp Lejeune will use the Biden administration's final rule banning certain chemicals to prosecute their case over toxic water at the Marine base, according to a notice they filed in North Carolina federal court.
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December 20, 2024
FTA Proposes Buy America Waiver For Electric Minibuses
The Federal Transit Administration has asked for public feedback on whether it should grant a temporary nonavailability waiver from domestic sourcing requirements for battery electric minibuses, saying it had received related requests from multiple transit operators.
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December 20, 2024
GAO Stands Firm On Bid Filing Deadline Despite Tech Trouble
Three o'clock means three o'clock, the U.S. Government Accountability Office said, denying a company's claim that the Navy improperly excluded an electronically submitted project proposal that came through minutes late because of technological troubles.
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December 20, 2024
NJ Atty Says RICO Case Only Alleges He Acted As Lawyer
New Jersey attorney William Tambussi has slammed the Garden State's response to his bid to toss charges against him in the state's sweeping indictment against power broker George E. Norcross III, claiming it does not show how his routine legal work constitutes a crime.
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December 19, 2024
Fed. Circ. Seeks Denial Of Newman Bid To Unseal Documents
The Federal Circuit judges asked the D.C. Circuit on Thursday to reject U.S. Circuit Judge Pauline Newman's request to unseal documents about her suspension for refusing to participate in an investigation into her fitness, saying they are of "questionable relevance" and will be released soon anyway.
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December 19, 2024
House Rejects 3-Month Funding Bill Despite Trump Support
The U.S. House of Representatives on Thursday rejected a three-month temporary funding deal that would have staved off a government shutdown and had been hastily introduced after President-elect Donald Trump criticized an earlier proposed continuing resolution.
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December 19, 2024
Top Gov't Contracts Cases Of 2024
Courts and the U.S. Government Accountability Office have made several high-profile, consequential decisions for government contractors this year, addressing the constitutionality of the False Claims Act's whistleblower provisions and the limits of the president's authority over federal procurement.
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December 19, 2024
$1.1B Diablo Canyon Award Challenge Meets Skeptical Judge
A California federal judge appeared skeptical Thursday that an environmental group has standing to challenge the U.S. Department of Energy's award of $1.1 billion to help Pacific Gas & Electric Co. continue operating the Diablo Canyon nuclear power plant.
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December 19, 2024
Feds Could Pay $1.1M To Settle WWII Refinery Waste Fight
A Valero Energy Corp. unit is asking a Michigan federal judge to sign off on a deal that would have the U.S. government pay it $1.1 million for cleanup costs allegedly stemming from the government's wartime operations at a refinery in Houston.
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December 19, 2024
Top Gov't Contracts Policies Of 2024
Lawmakers and federal agencies have introduced several consequential policy moves affecting government contractors this year, including a long-pending cybersecurity rule for defense contractors and a clarification to an unintendedly harsh interpretation of a federal registration requirement.
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December 19, 2024
GAO Says Army Can Stop Solicitation After Multiple Protests
The U.S. Government Accountability Office has rejected a protest over the U.S. Army's decision to cancel a medical instructor support deal, saying the Army reasonably found it had to address changed circumstances after a string of related protests.
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December 19, 2024
New Jersey Power Broker Says RICO Case Isn't Fit For Jury
Defendants dubbed the "Norcross Enterprise" are fighting back against New Jersey Attorney General Matthew Platkin's assertion that their bid to toss a criminal indictment accusing them of engaging in a sprawling racketeering scheme is out of place, claiming the state misunderstands the roles of judge and jury.
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December 19, 2024
Addiction Group Pays $2M In Mass. AG False Billing Probe
An addiction treatment physician group with offices across western Massachusetts will pay $2 million to settle allegations that it overcharged for visits and billed for tests that were not medically necessary, the state's attorney general said Thursday.
Expert Analysis
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Navigating Cybersecurity Rule Changes For Gov't Contractors
Excerpt from Practical Guidance
As federal contractors evaluate the security of their IT systems, they should keep in mind numerous changes to the Federal Acquisition Regulations and the Defense Federal Acquisition Regulation Supplement recently promulgated to meet new cyber threats, says William Stowe at KBR.
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How Fund Advisers Can Limit Election Year Pay-To-Play Risks
With Minnesota Gov. Tim Walz now the Democratic candidate for vice president, politically active investment advisers should take practical steps to avoid triggering strict pay-to-play rules that can lead to fund managers facing mutli-year timeouts from working with public funds after contributing to sitting officials, say attorneys at Dechert.
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Why Attorneys Should Consider Community Leadership Roles
Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.
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Opinion
Agencies Should Reward Corporate Cyber Victim Cooperation
The increased regulatory scrutiny on corporate victims of cyberattacks — exemplified by the U.S. Securities and Exchange Commission's case against SolarWinds — should be replaced with a new model that provides adequate incentives for companies to come forward proactively and collaborate with law enforcement, say attorneys at McDermott.
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Firms Must Offer A Trifecta Of Services In Post-Chevron World
After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.
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5 Tips To Succeed In A Master Of Laws Program And Beyond
As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.
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Series
Being An Opera Singer Made Me A Better Lawyer
My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.
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How Law Firms Can Avoid 'Collaboration Drag'
Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.
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Philly Project Case Renews Ongoing Fraud Theory Tug-Of-War
In its upcoming term, the U.S. Supreme Court will hear Kousisis v. U.S., a case involving wire fraud convictions related to Philadelphia bridge repair projects, and may once again further rein in prosecutorial attempts to expand theories of fraud beyond core traditional property rights, say Jonathan Halpern and Kyra Rosenzweig at Holland & Knight.
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Opinion
Litigation Funding Disclosure Key To Open, Impartial Process
Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.
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Whistleblowers Must Note 5 Key Differences Of DOJ Program
The U.S. Department of Justice’s recently unveiled whistleblower awards program diverges in key ways from similar programs at other agencies, and individuals must weigh these differences and look first to programs with stronger, proven protections before blowing the whistle, say Stephen Kohn and Geoff Schweller at Kohn Kohn.
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What NFL Draft Picks Have In Common With Lateral Law Hires
Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.
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Foreign Threat Actors Pose Novel Risks To US Tech Cos.
A recent bulletin jointly issued by several U.S. intelligence agencies warns technology startups and the venture capital community about national security risks posed by foreign threat actors, so companies interested in raising foreign capital should watch for several red flags, say Robert Friedman and Jacob Marco at Holland & Knight.
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Replacing The Stigma Of Menopause With Law Firm Support
A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.
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Planning Law Firm Content Calendars: What, When, Where
During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.