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Government Contracts
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July 03, 2024
After Chevron Deference: What Lawyers Need To Know
This term, the U.S. Supreme Court overturned Chevron deference, a precedent established 40 years ago that said when judges could defer to federal agencies' interpretations of law in rulemaking. Here, catch up with Law360's coverage of what is likely to happen next.
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July 02, 2024
Contractor Says Chevron Reversal 'Upends' Navy Deal Suit
A military contractor seeking to undo the U.S. Navy's contract with a competitor for support services at European bases has told the Federal Circuit that the U.S. Supreme Court's recent overturning of the so-called Chevron doctrine "upends" the underlying decision in its suit.
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July 02, 2024
Challenge To Army Container Corrective Action Dismissed
The U.S. Court of Federal Claims on Monday swept aside a challenge to the U.S. Army Materiel Command's revamped Army shipping container project.
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July 02, 2024
'Idle' Ga. Election Officials Holding Up Suit, Judge Told
Lawyers for an array of plaintiffs challenging portions of Georgia's 2021 election overhaul law attempted with one hand to convince a federal judge Tuesday not to scuttle their claims before a trial, while with the other urged the court to put the suit on ice until "dysfunctional" elections officials get their act together.
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July 02, 2024
Gov't Urged To Gauge TransDigm Deals' Effect On Defense Biz
Three Democratic lawmakers are pressing the U.S. Department of Defense and antitrust enforcers to review an aerospace company's recent acquisition of two other companies, citing antitrust and price gouging concerns.
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July 02, 2024
Alaska Village Hits Army Corps With Gold Mine Permit Suit
The Native Village of Dot Lake is asking an Alaska federal judge to throw out a permit the U.S. Army Corps of Engineers issued for an open pit gold mine Kinross Gold Corp. and Peak Gold LLC are developing near the Yukon border.
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July 01, 2024
High Court's 1-2 Punch Sets Up Long-Standing Regs For KO
By ending its term with a stinging combination against federal agencies, the U.S. Supreme Court's conservative bloc left behind a bruised bureaucracy and a regulatory system that's now vulnerable to a barrage of incoming attacks.
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July 01, 2024
Guatemala Says $31M Award Can't Be Enforced In U.S.
Guatemala told a D.C. federal court on Friday that litigation filed by a construction and engineering firm to enforce $31 million in arbitral awards against it must be tossed, saying the underlying arbitration and dispute are entirely Guatemalan in nature.
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July 01, 2024
Military Store Service Says Blind Vendors Must Follow Process
The U.S. Department of Defense asked a federal judge on Monday to dismiss a lawsuit filed by blind entrepreneurs accusing the military of ignoring a law that requires officials to prioritize businesses owned by blind people, arguing that the merchants should have completed the administrative process first.
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July 01, 2024
GAO Says CMS Treated Bids On $34M Security Deal Differently
The U.S. Government Accountability Office has sustained a protest over a $34 million Centers for Medicare and Medicaid Services task order for information technology security services, saying CMS treated the credentials of key employees differently for the protester and the awardee.
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July 01, 2024
Lack Of 'Diligence' Dooms Conn. IT Co.'s Contract Suit
A Connecticut state judge has thrown out a lawsuit brought by an information technology company that accused a rival of poaching a municipal contract with the city of Hamden in violation of a subcontracting agreement, writing that the parties did not file a joint schedule by a court-ordered deadline.
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July 01, 2024
Admiral, CEOs Deny Steering Navy Contracts
A retired four-star Navy admiral and two executives at a leadership training company pled not guilty to charges of conspiracy and bribery Monday morning in D.C. federal court, vowing to take the U.S. Department of Justice's case to trial.
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July 01, 2024
GSK Wants Lab's Zantac Whistleblower Suit Moved To Florida
GlaxoSmithKline wants a Connecticut laboratory's federal whistleblower lawsuit moved from Pennsylvania to Florida, where a West Palm Beach court has already overseen four years of a multidistrict litigation that GSK said was touched off by the same lab's claims that Zantac breaks down into a cancer-causing chemical.
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July 01, 2024
Texas Agency Urges Top Court To End Court Reporter's Suit
The administrative agency tasked with oversight of court stenography in Texas asked the state's Supreme Court on Friday to shut down a court reporter's push to force it to investigate a digital transcription company, arguing that the agency doesn't have jurisdiction.
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July 01, 2024
Supreme Court Widens Window To Challenge Federal Regs
Legal challenges to federal regulations can be brought outside the normal statute of limitations if someone isn't adversely affected until after the six-year window of time to file suit, the U.S. Supreme Court ruled Monday.
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June 28, 2024
Chevron's End Is Just The Start For Energized Agency Foes
By knocking down a powerful precedent that has towered over administrative law for 40 years, the U.S. Supreme Court's right wing Friday gave a crowning achievement to anti-agency attorneys. But for those attorneys, the achievement is merely a means to an end, and experts expect a litigation blitzkrieg to materialize quickly in the aftermath.
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June 28, 2024
Quinn Slammed By Columbia For Its 'Continuing Audacity'
Columbia University shot back Friday against arguments from Quinn Emanuel Urquhart & Sullivan LLP that Federal Circuit judges should disregard arguments made by the firm's former client, who says the firm lied to a federal court in Virginia to avoid damaging testimony in a $600 million patent case.
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June 28, 2024
CUNY Medical Prof Accused Of Fabricating NIH Grant Apps
A medical professor at the City College of New York and paid adviser to Cassava Sciences has been indicted on allegations he falsified scientific data in grant applications submitted to the National Institutes of Health on behalf of himself and Cassava, prosecutors announced Friday.
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June 28, 2024
In Chevron Case, Justices Trade One Unknown For Another
The U.S. Supreme Court's decision to overrule a decades-old judicial deference doctrine may cause the "eternal fog of uncertainty" surrounding federal agency actions to dissipate and level the playing field in challenges of government policies, but lawyers warn it raises new questions over what rules courts must follow and how judges will implement them.
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June 28, 2024
Navy Accused Of Favoring Mentor-Protege Cos. On $50B Deal
A Navy contractor has urged a Court of Federal Claims judge to overturn the U.S. Navy's modification to a $50 billion professional services contract, saying the change had given an unfair advantage to mentor-protégé joint ventures and their member companies.
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June 28, 2024
NJ Contractor Admits To Defrauding Defense Dept.
A New Jersey businessman has admitted in federal court to engaging in two multiyear schemes to defraud the U.S. Defense Department on contracts for military equipment parts and agreeing to rig bids for government contracts.
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June 28, 2024
House Passes Contentious $833B Defense Spending Bill
The U.S. House of Representatives on Friday passed an $833 billion bill funding the Pentagon for 2025, amid a veto threat over contentious issues such as cutting funding for Ukraine and a bar on gender-affirming care.
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June 28, 2024
Gov't Contracts Of The Month: Space Launches And Satellites
June saw NASA and the U.S. Space Force doling out billions of dollars for weather satellites, information technology services and national security space launches. Here, Law360 looks at some of the most noteworthy government contracts over the last month.
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June 28, 2024
Google Cloud Hires Ex-Federal CISO To Run Gov't Compliance
Google has hired a former federal chief information security officer and deputy national cyber director to lead global public sector compliance at Google Cloud, where he will work to expand the platform's offerings in artificial intelligence, cloud computing and security to government entities.
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June 28, 2024
Buchanan Ingersoll Can't Dump Harrisburg Incinerator Row
A Pennsylvania appellate court won't let Buchanan Ingersoll & Rooney PC exit long-running litigation over a trash incinerator project that sent the state's capital city into financial distress, ruling Friday that there was still ambiguity about whether the law firm's advice had been correct.
Expert Analysis
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Series
Playing Hockey Makes Me A Better Lawyer
Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.
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For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill
A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.
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How Export Controls Are Evolving To Address Tech Security
Recently proposed export control regulations from the U.S. Department of Commerce are an opportunity for stakeholders to help pioneer compliance for the increasing reliance on the use of outsourced technology service providers, say attorneys at Benesch.
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Opinion
New Mexico Fire Victims Deserve Justice From Federal Gov't
Two years after the largest fire in New Mexico's history — a disaster caused by the U.S. government's mismanagement of prescribed burns — the Federal Emergency Management Agency must remedy its grossly inadequate relief efforts and flawed legal interpretations that have left victims of the fire still waiting for justice, says former New Mexico Attorney General Hector Balderas.
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Opinion
Requiring Leave To File Amicus Briefs Is A Bad Idea
A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.
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4 Ways To Motivate Junior Attorneys To Bring Their Best
As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.
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Lessons For Nursing Facilities From DOJ Fraud Settlement
The U.S. Department of Justice's recent settlement with the owner of skilled nursing and assisted living facilities in Florida provides a cautionary tale of potential fraud risks, and lessons on how facilities can mitigate government enforcement actions, say Callan Stein and Rebecca Younker at Troutman Pepper.
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5 Takeaways From SAP's Foreign Bribery Resolutions
German software company SAP’s recent settlements with the U.S. Department of Justice and U.S. Securities and Exchange Commission, resolving allegations of foreign bribery, provide insights into government enforcement priorities, and how corporations should structure their compliance programs to reduce liability, say attorneys at Perkins Coie.
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Series
Serving As A Sheriff's Deputy Made Me A Better Lawyer
Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.
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Bid Protest Spotlight: Nonprecedential, Unreasonable, Scope
James Tucker at MoFo examines three recent decisions showing that while the results of past competitions may inform bid strategy, they are not determinative; that an agency's award may be deemed unreasonable if it ignores available information; and that a protester may be right about an awardee's noncompliance but still lose.
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Fears About The End Of Chevron Deference Are Overblown
While some are concerned about repercussions if the U.S. Supreme Court brings an end to Chevron deference in the Loper and Relentless cases this term, agencies and attorneys would survive just fine under the doctrines that have already begun to replace it, say Daniel Wolff and Henry Leung at Crowell & Moring.
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Former Minn. Chief Justice Instructs On Writing Better Briefs
Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.
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Preparing For Possible Calif. Criminal Antitrust Enforcement
Though a recent announcement that the California Attorney General's Office will resume criminal prosecutions in support of its antitrust enforcement may be mere saber-rattling, companies and their counsel should nevertheless be prepared for interactions with the California AG's Antitrust Section that are not limited to civil liability issues, say Dylan Ballard and Lillian Sun at V&E.
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Stay Interviews Are Key To Retaining Legal Talent
Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.
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Direct Claims Ruling May Alter Gov't Ties To Software Firms
A recent Federal Circuit decision allowing a software developer to pursue legal action under the Contract Disputes Act could change the government's relationship with commercial software providers by permitting direct claims, even in third-party purchase situations, say Dan Ramish and Zach Prince at Haynes Boone.