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Government Contracts
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February 21, 2025
Army Corps Contract Releases Not Clear On Rust Remediation
The Armed Services Board of Contract Appeals rejected the Army Corps of Engineers' attempt to evade a challenge from Sauer Construction LLC, saying there's a genuine issue of material fact whether the contractor's rust remediation claim is preempted by previous contract modifications.
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February 21, 2025
Judge Questions Trump Administration Fund Freeze Authority
A Rhode Island federal judge on Friday left in place a temporary restraining order blocking a funding freeze by President Donald Trump's administration until the judge can rule on a request by a coalition of states for a preliminary injunction.
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February 21, 2025
NFL Alums Accused Of Misusing COVID Outreach Funding
The National Football League's largest alumni organization has been accused by a biotechnology company of trying to misuse Georgia taxpayer dollars intended for a COVID-19 vaccine education program before unlawfully breaking their contract last year.
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February 21, 2025
Funds For Migrant Child Representation Unfrozen After Outcry
Legal service providers that help unaccompanied children navigate the immigration court system got word on Friday they can resume their work, just days after the federal government abruptly turned off the federal funding tap.
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February 21, 2025
Billionaire's Tax Privacy Suit Against Booz Allen Proceeds
A billionaire's lawsuit against government contractor Booz Allen Hamilton blaming it for the theft of his tax returns in an unprecedented breach by a Booz Allen employee working at the IRS can move forward, a Maryland federal court ruled Friday, rejecting a bid to toss the case.
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February 21, 2025
Veolia Ends One Of Few Remaining Flint Water Suits For $53M
A water engineering firm on Friday said it will pay $53 million to settle claims from the state of Michigan and thousands of Flint residents who allege the company failed to properly identify corrosion control treatment issues or alert officials to the dangers of the city's water, prolonging the water crisis.
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February 21, 2025
LGBTQ+ Health Orgs Aim To Halt Trump DEI, Gender Orders
Three executive orders by President Donald Trump barring federal contractors from pushing "gender ideology" and diversity-related programs violate the U.S. Constitution, a group of nonprofit LGBTQ+ organizations told a California federal court.
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February 21, 2025
Fed. Circ. Scraps Ruling On $14M Army Corps Contract Row
A contract appeals board didn't fully consider the entirety of a modified contract before determining a company tapped to provide emergency power services in the U.S. Virgin Islands and Puerto Rico was not entitled to a $14 million claim, a Federal Circuit panel ruled.
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February 21, 2025
NIH Research Cuts Stay On Hold As Judge Mulls Objections
A Boston federal judge on Friday extended her hold on a Trump administration proposal to slash reimbursements from the National Institutes of Health for research grant costs, a move colleges, hospitals and other institutions have said would wreak havoc on scientific research.
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February 21, 2025
High Court Finds FCC's E-Rate Subject To False Claims Act
The U.S. Supreme Court ruled unanimously Friday that telecoms participating in the federal E-Rate program supporting school and library connectivity can be sued for excess payouts under the False Claims Act because the subsidy's funds are provided through the U.S. Treasury.
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February 20, 2025
Trump Admin Must Obey Order To Restore Aid, Judge Says
A Washington, D.C., federal judge on Thursday ordered the Trump administration to restore foreign assistance funding in accordance with his temporary restraining order, but stopped short of sanctioning the government officials.
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February 20, 2025
COVID Fraud Drove Record FCA Caseload, Gov't Officials Say
Federal officials said that the record-setting number of whistleblower False Claims Act cases filed in 2024 was likely driven by COVID-19-related fraud, with the use of data mining having an outsized role in those cases.
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February 20, 2025
Boston, Other Cities And MassBio Back Challenge To NIH Cuts
The city of Boston and 44 other cities, counties and elected officials around the country and, separately, the life sciences industry group Massachusetts Biotechnology Council asked a Massachusetts federal judge on Thursday to extend a temporary restraining order blocking steep cuts to National Institutes of Health reimbursement for research projects.
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February 20, 2025
DOD To Shift $50B To Trump Defense Spending Priorities
U.S. Defense Secretary Pete Hegseth directed the agency to shift $50 billion from its 2026 budget away from "Biden-legacy programs" to programs that align with President Donald Trump's "America first" agenda.
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February 20, 2025
Feds Say DC Judge Can't Bar 'Hypothetical' Spending Freezes
A Justice Department attorney argued before a D.C. federal judge Thursday that there is no basis to continue blocking the Trump administration from implementing a blanket suspension on federal spending, saying the court cannot bar "hypothetical" future freezes.
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February 20, 2025
Fed. Circ. Revives Claims Over Maui Bypass Work Delays
A Federal Circuit panel has directed the U.S. Court of Federal Claims to decide if the government flouted a construction contract after officials took nearly seven months to sign an agreement to relocate utilities and four months to obtain right of way for crews on a $38.7 million bypass relocation project in Maui.
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February 20, 2025
Guinea Fends Off Push To Enforce $22M Telecom Award
A D.C. federal court said it lacked jurisdiction to enforce a $22 million arbitration award against the Republic of Guinea stemming from a system enabling the country to tax international telecommunications traffic, saying the nation wasn't a party to the underlying arbitration agreement.
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February 20, 2025
Mich. Judge Won't Defer Atomic Bomb Waste Suit To Agency
A Michigan state judge on Thursday denied a Wayne County landfill's bid to dismiss claims from communities attempting to prevent the disposal site from accepting radioactive waste from the development of the first atomic bomb, finding that the court can hear the case rather than deferring to the state's environmental agency.
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February 20, 2025
Bell Textron Says Iran Is Refusing To Pay $1.7M Storage Costs
Helicopter manufacturer Bell Textron Inc. has sued the Islamic Republic of Iran in Texas federal court, claiming it is owed $1.67 million for its continued storage of equipment once owned by the pre-revolutionary Iranian government.
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February 20, 2025
DOJ Official Flags 'Aggressive' FCA Approach Under Trump
A senior U.S. Department of Justice official said Thursday that the Trump administration's focus on government efficiency will include "aggressively" enforcing the False Claims Act, including a strong focus on FCA enforcement of foreign trade issues amid recently imposed tariffs.
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February 20, 2025
RTX Unit Gets $1.5B F-22 Engine Deal Amid Fleet Uncertainty
RTX unit Pratt & Whitney was given a three-year contract worth up to $1.5 billion with the U.S. Air Force to maintain engines for F-22 fighter jets, while the government mulls when the next generation of jets will be rolled out to replace them.
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February 20, 2025
Mass. Man's Medicare Fraud Paid For Ferraris, Feds Say
Federal agents arrested a Massachusetts man Thursday for allegedly billing Medicare to provide orthotic braces to patients he'd never met who didn't need the devices, a nearly $30 million scheme that allowed him to purchase two Ferraris, a Mercedes-Benz and multiple luxury watches.
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February 19, 2025
Trump Is Defying Order To Unfreeze Foreign Aid, Groups Say
The Trump administration is "brazenly" defying an order to restore foreign assistance funding, a pair of aid organizations told a Washington, D.C., federal judge Wednesday, asking the court to enforce its temporary restraining order and to sanction the government officials until they comply.
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February 19, 2025
Contractors' Group Asks DC Judge To Halt Gutting Of USAID
A group representing U.S. citizen personal services contractors working for the U.S. Agency for International Development is the latest to ask a federal judge to step in and block the Trump administration's push to gut the agency and its operations.
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February 19, 2025
Tech Co.'s Software Doesn't Meet CMS Needs, Judge Says
A Court of Federal Claims judge denied IntelliBridge LLC's attempt to block the Centers for Medicare & Medicaid Services from seeking bidders for its hybrid cloud product engineering and operations contract, finding on Tuesday the agency isn't trying to replicate its batCAVE software.
Expert Analysis
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Ga. Tech Case Shows DOJ Focus On Higher Ed Cybersecurity
The Justice Department’s ongoing case against the Georgia Institute of Technology demonstrates how many colleges and universities may be unwittingly exposed to myriad cybersecurity requirements that, if not followed, could lead to False Claims Act liability, say attorneys at Woods Rogers.
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Perspectives
Accountant-Owned Law Firms Could Blur Ethical Lines
KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.
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Trump's Energy Plans: Climate, Data Centers, LNG And More
With a host of executive orders addressing climate and emissions policies, expanded energy development, offshore and onshore projects, liquefied natural gas and more, the second Trump administration has already given energy companies much to consider, say attorneys at Gibson Dunn.
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AI Will Soon Transform The E-Discovery Industrial Complex
Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.
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Trump's Energy Plans: Funding, Permits And Nuclear Power
In the wake of President Donald Trump's flurry of first-day executive orders focusing on the energy sector, attorneys at Gibson Dunn analyze what this presidency will mean for energy-related grants and loans, changes to permitting processes and developments in nuclear power.
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When Innovation Overwhelms The Rule Of Law
In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.
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Imagine The Possibilities Of Openly Autistic Lawyering
Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.
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A Halftime Analysis Of DOJ's Compensation Pilot Program
The U.S. Department of Justice appears to consider the first half of its three-year pilot program on compensation incentives and clawbacks to be proceeding successfully, so companies should expect prosecutors to emphasize the program and other compliance-related considerations early in investigations, say attorneys at Debevoise.
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What To Expect From Trump's Deputy Labor Secretary Pick
President Donald Trump's nominee for deputy secretary of the U.S. Department of Labor, Keith Sonderling, has a track record of prioritizing clear guidance on both traditional and cutting-edge issues, which can provide insight into what employers can expect from his leadership, say attorneys at Littler.
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Top 10 Healthcare And Life Sciences Issues To Watch In 2025
Under the new Trump administration, this coming year may benefit some healthcare and life sciences stakeholders, while creating new challenges for others amid an increasingly complex regulatory environment, say attorneys at Debevoise.
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A Look At Order Ending Federal Contractor Affirmative Action
To comply with President Donald Trump's executive order revoking affirmative action requirements in the next 90 days, federal contractors should focus on identification of protected groups, responsibilities of "diversity officer" positions and annual compliance reviews, says Jeremy Burkhart at Holland & Knight.
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Series
Documentary Filmmaking Makes Me A Better Lawyer
Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.
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Litigation Funding Disclosure Debate: Strategy Considerations
In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.
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Series
Adventure Photography Makes Me A Better Lawyer
Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.
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FAR Update Harmonizes Suspension And Debarment Rules
Although the newly finalized rule amending the Federal Acquisition Regulation's suspension and debarment system does not bring it into complete alignment with the same processes under the nonprocurement common rule, it is still a welcome update that makes many needed changes, says Kara Sacilotto at Wiley.