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Government Contracts
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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.
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February 26, 2025
NJ RICO Case Toss Leaves AG Irate, Defense Attys Elated
The erasure of a massive racketeering indictment against New Jersey power broker George E. Norcross III, politically connected attorneys and others on Wednesday drew a sharp rebuke from Attorney General Matt Platkin while defense attorneys gloated.
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February 25, 2025
Trump Admin Must Restore Aid By Wed. Night, Court Says
A Washington, D.C., federal judge on Tuesday gave the Trump administration until the end of Wednesday to restore hundreds of millions of dollars in foreign assistance funding, granting aid organizations' second request in a week to enforce the temporary restraining order.
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February 25, 2025
DC Judge Blocks Trump's Federal Funding Freeze
A D.C. federal judge on Tuesday issued a preliminary injunction blocking the Trump administration from implementing a federal spending freeze while a group of nonprofits challenge the freeze, calling the measure "ill-conceived from the beginning."
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February 25, 2025
Trump Targets Covington Attys For Repping Special Counsel
President Donald Trump on Tuesday ordered the immediate suspension of security clearances held by Covington & Burling LLP attorneys who represent former special counsel Jack Smith, with the president citing the attorneys' supposed roles in the "weaponization of the judicial process."
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February 25, 2025
How To Track Trump's Legal Battles
President Donald Trump has issued a historic number of executive orders and other actions during his first five weeks back in the White House, eliciting more than 80 legal challenges and setting the stage for major courtroom battles over birthright citizenship, presidential power, the federal government's structure and more. Law360 has created a database to keep track of them all.
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February 25, 2025
Newman Says Fed. Circ. Doctors Undermine Suspension Case
Federal Circuit Judge Pauline Newman has said the court's other judges have undermined their claims about why they suspended her, by retaining experts who questioned reports from her own doctors finding her fit to serve as a judge.
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February 25, 2025
Lab Owner Pleads Guilty In $36M COVID Tests Scheme
A laboratory owner pled guilty Tuesday to running a $36 million scheme to submit false COVID-19 testing claims to healthcare benefit programs just one week before his co-defendants are set to go to trial.
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February 25, 2025
PLA Amendment Moots Contractor Dispute, Gov't Says
The federal government has asked the U.S. Court of Federal Claims to dismiss a case challenging the requirement that contractors submit a project labor agreement with their solicitations for government projects, saying the requirement has already been removed from the solicitations at issue.
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February 25, 2025
Saga Over $3.6B ICE Deportation Contract Sees New Protest
A Florida company alleges U.S. Immigration and Customs Enforcement shortchanged its proposal for deportation flight services and awarded a $3.6 billion contract to another company, at a $500 million premium, without justification or clear benefit for taxpayers.
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February 25, 2025
'Colossal Neglect' Sinks Walter Reed Fraud Case, Judge Rules
A Maryland federal judge threw out criminal charges against the alleged mastermind of a more than $3 million healthcare fraud scheme targeting Walter Reed National Medical Center with a Tuesday ruling that ripped prosecutors for "colossal neglect" and "extraordinary, chronic and indefensible" delays in the case.
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February 25, 2025
Ga. County Collected Too Late On Theft Claim, Panel Says
The Georgia Court of Appeals has stripped a state county of a nearly $350,000 judgment it won from insurer Old Republic Surety Co. to cover a court employee's theft of hundreds of thousands of dollars from the public coffers, ruling the county filed its claim well after the statute of limitations had run.
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February 25, 2025
Outdoor Co. Renews Challenge To Fed. Contractor Wage Hike
An outdoor group renewed its bid to block former President Joe Biden's minimum wage hike for federal contractors after the U.S. Supreme Court declined to review a ruling rejecting the group's preliminary injunction request, telling a Colorado federal court the wage hike is illegal.
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February 25, 2025
Atlanta Says 'Cop City' Completion Moots Public Vote
The city of Atlanta has told the Eleventh Circuit that the recent completion of its controversial "Cop City" police training center should render moot a lawsuit by noncity residents who had hoped to force a long-stalled public vote to roll back the city's approval of the project.
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February 24, 2025
Dominican Republic Slams Report Favoring $44M Award
The Dominican Republic has urged a D.C. federal court to reject a magistrate judge's recommendation to enforce a nearly $44 million arbitral award issued after the country terminated a landfill concession, saying there was never an underlying arbitration agreement.
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February 24, 2025
Border Wall Cos. Learned Of Fund Row In 2024, 5th Circ. Told
A group of contractors told the Fifth Circuit Monday that they had no choice but to intervene in Texas and Missouri's suit over border wall funds on the eve of a final judgment because they were only notified days before that a preliminary injunction regarding the funds would affect them.
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February 24, 2025
Comerica Bank Wants Dismissal Of CFPB's Benefits Card Suit
Comerica Bank has urged a Texas federal judge to toss a suit brought by the Consumer Financial Protection Bureau, accusing the bank of multiple failures in administering a government benefits card program, arguing the case overextends the agency's authority, among other things.
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February 24, 2025
DC Circ. To Hear Judge Newman's Appeal In April
The D.C. Circuit has set a date in April to hear an appeal from Federal Circuit Judge Pauline Newman, who is fighting her suspension from the bench for refusing to undergo medical tests.
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February 24, 2025
Md. Judge Blocks DOGE Access To Education, OPM Data
A Maryland federal judge on Monday prohibited the U.S. Department of Education and the Office of Personnel Management from continuing to share with Elon Musk's Department of Government Efficiency the sensitive information of federal employees and student aid recipients, saying the agencies likely have violated federal privacy law.
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February 24, 2025
Claims Court Can Hear $650M Other Transaction Deal Dispute
A Court of Federal Claims judge has declined to dismiss Raytheon's protest over a $648.5 million Missile Defense Agency interceptor development deal, saying it clearly fits within the court's jurisdiction over Other Transaction Authority agreements.
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February 24, 2025
Wellpath Delays Chapter 11 Exit To Buy Time For Creditor Deal
Wellpath will delay confirmation of its Chapter 11 plan by two weeks to buy time to work through objections to the reorganization of its prison healthcare business, attorneys told a Texas bankruptcy judge Monday.
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February 24, 2025
Engineering Co.'s $4.1M Claims Axed In Army Corps Dispute
The Armed Services Board of Contract Appeals has dismissed an engineering company's claims seeking $4.1 million in damages after the U.S. Army Corps of Engineers terminated a Mexico City-based construction contract, saying the court lacks jurisdiction.
Editor's Picks
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The Latest On Escobar's FCA Impact
Federal courts across the country are handing down important rulings interpreting the U.S. Supreme Court’s landmark decision on False Claims Act liability in Universal Health Services v. Escobar. As the rulings keep pouring in, stay up to speed on Law360’s latest coverage and analysis of Escobar’s impact.
Expert Analysis
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Questions Remain After Justices' Narrow E-Rate FCA Ruling
The U.S. Supreme Court’s recent decision in Wisconsin Bell, holding that requests for reimbursement from the Federal Communications Commission's E-Rate program are subject to False Claims Act liability, resolves one important question but leaves several others open, says Jason Neal at HWG.
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How DOGE's Severance Plan May Affect Federal Employees
President Donald Trump's administration, working through the Department of Government Efficiency, recently offered a severance package to nearly all of the roughly 2 million federal employees, but unanswered questions about the offer, coupled with several added protections for government workers, led to fewer accepted offers than expected, says Aaron Peskin at Kang Haggerty.
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Opinion
Attorneys Must Act Now To Protect Judicial Independence
Given the Trump administration's recent moves threatening the independence of the judiciary, including efforts to impeach judges who ruled against executive actions, lawyers must protect the rule of law and resist attempts to dilute the judicial branch’s authority, says attorney Bhavleen Sabharwal.
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Rethinking 'No Comment' For Clients Facing Public Crises
“No comment” is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.
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How Design Thinking Can Help Lawyers Find Purpose In Work
Lawyers everywhere are feeling overwhelmed amid mass government layoffs, increasing political instability and a justice system stretched to its limits — but a design-thinking framework can help attorneys navigate this uncertainty and find meaning in their work, say law professors at the University of Michigan.
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10 Issues To Watch In Aerospace And Defense Contracting
This year, in addition to evergreen developments driven by national security priorities, disruptive new technologies and competition with rival powers, federal contractors will see significant disruptions driven by the new administration’s efforts to reduce government spending, regulation and the size of the federal workforce, say attorneys at Thompson Hine.
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Bid Protest Spotlight: Registration, Substantiation, Experience
In this month's bid protest roundup, Krista Nunez at MoFo looks at three recent decisions that consider the timing of System for Award Management registration, agencies’ increasing reliance on technology in procurement-related decision-making, and when small businesses can lawfully rely on a subcontractor's past-performance experience.
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Defense Strategies For Politically Charged Prosecutions
Politically charged prosecutions have captured the headlines in recent years, providing lessons for defense counsel on how to navigate the distinct challenges, and seize the unique opportunities, such cases present, says Kenneth Notter at MoloLamken.
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Series
Competitive Weightlifting Makes Me A Better Lawyer
The parallels between the core principles required for competitive weightlifting and practicing law have helped me to excel in both endeavors, with each holding important lessons about discipline, dedication, drive and failure, says Damien Bielli at VF Law.
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The Case For Compliance During The Trump Administration
Given the Trump administration’s shifting white collar enforcement priorities, C-suite executives may have the natural instinct to pare back compliance initiatives, but there are several good reasons for companies to at least stay the course on their compliance programs, if not enhance them, say attorneys at Riley Safer.
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Opinion
Undoing An American Ideal Of Fairness
President Donald Trump’s orders attacking birthright citizenship, civil rights education, and diversity, equity and inclusion programs threaten hard-won constitutional civil rights protections and decades of efforts to undo bias in the law — undermining what Chief Justice Earl Warren called "our American ideal of fairness," says Reuben Guttman at Guttman Buschner.
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How New SBA Rule May Affect Small Government Contractors
By limiting competition from larger entities, the Small Business Administration's recently published final rule may help some small government contractors, but these restrictions on set-aside work following a merger, acquisition or sale may also deter small businesses' long-term growth, say attorneys at Akerman.
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Opinion
Inconsistent Injury-In-Fact Rules Hinder Federal Practice
A recent Third Circuit decision, contradicting a previous ruling about whether consumers of contaminated products have suffered an injury in fact, illustrates the deep confusion this U.S. Supreme Court standard creates among federal judges and practitioners, who deserve a simpler method of determining which cases have federal standing, says Eric Dwoskin at Dwoskin Wasdin.
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Expect Continued Antitrust Enforcement In Procurement
The scope of federal antitrust enforcement under the second Trump administration remains uncertain, but the Procurement Collusion Strike Force, which collaborates with federal and state agencies to enforce antitrust laws in the government procurement space, is likely to remain active — so contractors must stay vigilant, say attorneys at Ballard Spahr.
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2 Anti-Kickback Developments Hold Lessons For Biopharma
The U.S. Department of Justice's Anti-Kickback Statute settlement with QOL Medical and a favorable advisory opinion from the U.S. Department of Health and Human Services provide a study in contrasts, but there are tips for biopharma manufacturers trying to navigate the vast compliance space between them, says Mary Kohler at Kohler Health Law.