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Government Contracts
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January 28, 2025
DOD Raises Propulsion Program Contract Ceiling To $3.5B
The U.S. Air Force modified two contracts previously awarded to GE Edison Works and Pratt & Whitney to develop engines intended to be used in its next-generation fighter jets, boosting the contract ceiling from $975 million to $3.5 billion.
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January 27, 2025
Feds May Trim $2B In Leases Over Trump's Term, Trepp Says
Following President Donald Trump's order on Inauguration Day that federal workers return to the office, a Trepp report finds more than a third of all office space leased by the federal government could potentially be terminated during Trump's second term.
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January 27, 2025
Judge Grants Bid For Docs, Code In EPassport Fight
A Court of Federal Claims judge partially granted a German company's bid to secure discovery materials from the U.S. government and a French cybersecurity firm for its suit accusing the government of infringing on patents related to electronic passport readers.
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January 27, 2025
VA To Nix $6.1M In Contracts Under Trump's DEI Order
The U.S. Department of Veterans Affairs announced Monday that it has placed dozens of employees on paid leave and will cancel $6.1 million worth of contracts as part of efforts to root out diversity, equity and inclusion activities.
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January 27, 2025
General Atomics Asks Musk Team To Reform Arms Acquisitions
General Atomics Aeronautical Systems Inc.'s CEO published an open letter Monday to the U.S. Department of Government Efficiency, urging leader Elon Musk to refine the defense acquisition processes to bolster global security, making it the second letter sent to the newly created agency by a defense contractor proposing suggestions on reducing bureaucracy.
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January 27, 2025
Contractor Seeks DC Circ. Approval Of $200M Arbitral Award
A toll road contractor asked the D.C. Circuit to approve a $200 million arbitral award against the Peruvian city of Lima over a failed construction contract, saying the city's argument that the contract was obtained through corruption had already been rejected by two arbitration panels and a federal judge.
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January 24, 2025
Companies Risk White House Wrath By Keeping DEI Programs
For companies pushing forward with their diversity, equity and inclusion initiatives amid a torrent of attacks from President Donald Trump and his allies, there are myriad potential risks ahead — and murky questions about the legal parameters of Trump's anti-DEI agenda.
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January 24, 2025
DOL Ends All Contractor Bias Probes Following Trump Order
The U.S. Department of Labor on Friday halted all investigations and enforcement in the wake of President Donald Trump's executive order earlier this week pulling a longstanding, core legal authority used to prevent federal contractors from discriminating against workers.
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January 24, 2025
Pfizer To Pay $59M Over Unit's Migraine Drug Kickbacks
The U.S. Department of Justice announced Friday that Pfizer has agreed in New York federal court to pay $59.7 million to resolve allegations that one of its subsidiaries caused false Medicare claims by paying kickbacks to physicians to induce prescriptions of migraine drug Nurtec ODT.
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January 24, 2025
Boeing Takes $1.7B Hit On Fixed-Price Defense Deals
The Boeing Co. said it will take a further $1.7 billion hit on fixed-price space and defense programs that have already caused the company years of losses, citing issues such as increased production costs and disruptions from a recent strike.
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January 24, 2025
Protest Over '11th Hour' VA Bid Change Too Late, GAO Says
A North Carolina company missed its window to challenge a late-night modification to a U.S. Department of Veterans Affairs solicitation for groundskeeping services, the U.S. Government Accountability Office said, denying a protest over the company's exclusion from competition for the contract.
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January 24, 2025
5th Circ. Upholds Tossing Medicare Rate Policy Challenge
A Fifth Circuit panel said it agrees with a Texas federal judge that a lawsuit brought by four anesthesia practices claiming a Centers for Medicare and Medicaid Services policy will cost them $4 million in reduced reimbursements is statutorily barred.
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January 24, 2025
GSA Taps Ex-BlackRock Atty As New GC
The General Services Administration has tapped Russell McGranahan, the former general counsel of Focus Financial Partners who held legal roles at BlackRock and in private practice for almost 30 years, as its next general counsel, according to a Friday announcement.
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January 23, 2025
Limits On Biden's Contracting Power Could Also Hinder Trump
A Trump administration order barring federal contractors from engaging in diversity, equity and inclusion programs could face court challenges, following the path of decisions rejecting the Biden administration's arguments it had statutory authority for minimum wage and vaccine requirements.
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January 23, 2025
4th Circ. Reads Kickback Law Broadly In Loss For Big Pharma
The Fourth Circuit on Thursday affirmed a Virginia federal judge's ruling against a pharmaceuticals industry-backed charity looking to weaken the Anti-Kickback Statute, holding that a proposed program for helping patients cover the cost of drugs could indeed constitute a quid pro quo.
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January 23, 2025
Fox Raises Specter Of Corruption In LA's Smartmatic Contract
Fox News has filed a public records lawsuit suggesting that Los Angeles County officials may have taken bribes to award a 2020 election contract to Smartmatic, the voting technology company currently pursuing a $2.7 billion defamation suit over Fox's coverage of that election.
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January 23, 2025
DOD Watchdog Finds Audits Didn't Follow Required Standards
A U.S. Department of Defense watchdog has said a limited review of incurred-cost audits completed by commercial, nonfederal auditors brought on to help clear a backlog found the auditors did not fully comply with federal government auditing standards in about two-thirds of the audits.
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January 23, 2025
GAO Says DOD Should Improve Modular Open Systems Use
The U.S. Department of Defense is not properly considering a modular open systems approach to designing weapons systems, despite recent legislation requiring it do so "to the maximum extent practicable," the Government Accountability Office said Wednesday.
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January 23, 2025
Ex-Police Chief Defamed Protester With Gang Claim, Suit Says
Atlanta's ex-police chief faces a renewed defamation suit over comments he made during a 2020 press conference to address arrests made at a Black Lives Matter protest, in which he allegedly accused one arrestee of being a violent gang member.
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January 23, 2025
Home Health Agency Operator Gets 12 Years For $100M Fraud
The former operator of a Massachusetts home healthcare agency convicted of fraud last summer has been sentenced to 12 years in prison and ordered to pay nearly $100 million in restitution to the state's Medicaid program.
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January 23, 2025
FTC Chair's 1st Act: Ending 'Scourge' Of DEI
Andrew N. Ferguson made his first public act as the Federal Trade Commission's new Republican chairman Wednesday by ordering the end of all agency diversity, equity and inclusion efforts and declaring that the "scourge" of DEI is over at the FTC.
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January 23, 2025
Senate Energy Committee Greenlights Energy, Interior Picks
A U.S. Senate energy panel on Thursday advanced President Donald Trump's nominees to lead the U.S. Departments of Energy and the Interior, setting them up for confirmation by the full Senate.
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January 23, 2025
Calif. Appeals Court Backs Apprentice Work Regulations
A California appeals court refused to reinstate a challenge from several employer associations seeking to strike down new regulations governing how apprentices can spend their time working, saying the California Apprenticeship Council was in the clear to promulgate the new rules.
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January 22, 2025
'Unicorn Prosecution' Could Upend Legal Practice, Court Told
Brown & Connery LLP partner William Tambussi told a New Jersey state judge Wednesday that the entire practice of law in the Garden State rests on his impending decision on the charges against him in the state's sweeping racketeering case targeting power broker George E. Norcross III, arguing that a lawyer has never been prosecuted for routine legal work.
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January 22, 2025
Vanda Loses Takings Clause Arguments In Trade Secret Fight
A Court of Federal Claims judge has held that specifications on how fast Vanda Pharmaceuticals' drugs dissolve do not count as property interest under the Fifth Amendment, handing a loss to the pharmaceutical company in its trade secrets case against the federal government.
Expert Analysis
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How Judiciary Can Minimize AI Risks In Secondary Sources
Because courts’ standing orders on generative artificial intelligence and other safeguards do not address the risk of hallucinations in secondary source materials, the judiciary should consider enlisting legal publishers and database hosts to protect against AI-generated inaccuracies, say attorneys at Lankler Siffert & Wohl.
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How Attorneys Can Break Free From Career Enmeshment
Ambitious attorneys can sometimes experience career enmeshment — when your sense of self-worth becomes unhealthily tangled up in your legal vocation — but taking the time to discover and realign with your core personal values can help you recover your identity, says Janna Koretz at Azimuth Psychological.
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Suspension And Debarment: FY 2024 By The Numbers
The multiyear, downward trend in suspensions and debarments of government contractors continued in fiscal year 2024, largely fueled by a sharp decrease in exclusions of individuals — a welcome development that may indicate recognition that these actions can be more punitive than prophylactic, says David Robbins at Jenner & Block.
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Lawyers With Disabilities Are Seeking Equity, Not Pity
Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.
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Opinion
Judicial Committee Best Venue For Litigation Funding Rules
The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.
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The Strategic Advantages Of Appointing A Law Firm CEO
The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.
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Why Diversity Jurisdiction Poses Investment Fund Hurdles
Federal courts' continued application of the exacting rules of diversity jurisdiction presents particular challenges for investment funds, and in the absence of any near-term reform, those who manage such funds should take action to avoid diversity jurisdiction pitfalls, say attorneys at Sher Tremonte.
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Comments Show Need For Clarity On SBA Proposed Rule
The recent public comments period for the Small Business Administration's proposed rule on recertification and other regulations underscores the need for more precision, particularly on agreements in principle, which the SBA should address as it moves forward with this rulemaking, say attorneys at Covington.
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Series
Beekeeping Makes Me A Better Lawyer
The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.
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GAO Decision Offers Insights On Verifying TAA Compliance
The U.S. Government Accountability Office's August decision in Matter of: HPI Federal LLC serves as a reminder of the importance of verifying Trade Agreements Act compliance — and of understanding the parameters of an agency's acceptance of an offeror's TAA representation, say Amy Hoang and Sarah Barney at Seyfarth.
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3 Takeaways From Navy Shipbuilder's Fraud Guilty Plea
Austal USA’s recent plea agreement over accounting fraud charges highlights for other companies the benefits of cooperating with government investigations, the challenges posed by senior executives’ involvement in misconduct, and the high stakes for defense contractors, say Michael DeBernardis and Shayda Vance at Hughes Hubbard.
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Opinion
Legal Institutions Must Warn Against Phony Election Suits
With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Series
Home Canning Makes Me A Better Lawyer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.
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Next Steps For FCA Defendants After Fla. Qui Tam Ruling
Because a Florida federal court's recent decision in Zafirov v. Florida Medical Associates could eventually prove to be a watershed event for False Claims Act suits, defendants should consider potential next steps to ensure that their litigation benefits from the court's reasoning and further developments, says Scott Gallisdorfer at Bass Berry.