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Government Contracts
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August 14, 2024
Feds Nab US-Iran Citizen On Aircraft Parts Charges
A dual U.S.-Iranian citizen was charged in D.C. federal court with procuring American aircraft parts and attempting to send them to Iran in violation of U.S. sanctions, the U.S. Department of Justice said Wednesday.
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August 14, 2024
Rising Star: Gibson Dunn's Lindsay Paulin
Gibson Dunn & Crutcher LLP's Lindsay Paulin's work in high-profile and novel cases, such as a dispute that helped convince the Pentagon to abandon a controversial $10 billion cloud contract, has earned her a position among the government contracts attorneys under age 40 honored by Law360 as Rising Stars.
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August 13, 2024
Calif. Bar Officially Inks $8M Deal With Kaplan For New Exam
The State Bar of California has officially entered into an $8.25 million agreement with Kaplan Exam Services LLC to replace the National Conference of Bar Examiners' exam after four decades of using the NCBE's Multistate Bar Examination, according to an announcement made Tuesday.
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August 13, 2024
Wisconsin Bell Tells Justices FCA Doesn't Apply To E-Rate
AT&T subsidiary Wisconsin Bell Inc. told the U.S. Supreme Court on Tuesday that applying the False Claims Act to fraudulent E-rate program reimbursements means turning the "heavy artillery of the administrative state" onto private transactions.
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August 13, 2024
DOD Says Missing License Is Needed To Dispute $1B Fuel Deal
The Defense Logistics Agency has urged the Court of Federal Claims to toss a protest alleging a $1 billion African fuel supply deal requires a license that can only be secured through bribery, saying not already having the license dooms the protester's case.
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August 13, 2024
Poland Inks Estimated $12M Deal For Boeing Military Copters
Boeing announced Tuesday that it inked a deal to sell 96 Apache combat helicopters to Poland for its military, formalizing an estimated $12 billion transaction approved last year.
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August 13, 2024
FirstEnergy Makes Nonprosecution Deal To End Ohio AG Probe
FirstEnergy said Tuesday that it has secured a nonprosecution agreement with Ohio's attorney general stemming from an alleged $1 billion bribery scandal involving the former speaker of the Ohio House of Representatives, with both parties touting the utility company's remediation and compliance improvements.
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August 13, 2024
Janssen Wants New FCA Trial As Relators Seek $1.85B Win
Janssen has urged a New Jersey federal judge to toss a jury's $150 million False Claims Act verdict that found the pharmaceutical company illegally profited from the off-label marketing of popular HIV medications, while whistleblowers have asked the court for a whopping $1.85 billion judgment consisting of trebled damages and statutory penalties.
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August 13, 2024
Contractor Can't DQ Maynard Nexsen From Bias Case
An Alabama federal judge won't disqualify Maynard Nexsen PC from representing a former Parsons Corp. engineer in his discrimination suit against the company for allegedly representing both parties at the same time, saying Parsons' disqualification motion was "unmeritorious."
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August 13, 2024
Rising Star: Morrison Foerster's Caitlin Crujido
Morrison Foerster LLP's Caitlin Crujido's work on prominent contractor acquisition deals and a successful challenge to a $45 billion U.S. Department of Energy contract has earned her a spot among the government contracts attorneys under 40 honored by Law360 as Rising Stars.
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August 12, 2024
GAO Says VA Deal Awardee Wasn't Missing Key Staff Member
The U.S. Government Accountability Office has rejected Booz Allen Hamilton's protest over a U.S. Department of Veterans Affairs agreement for healthcare market assessments, saying there was no evidence that a key worker for the awardee wasn't available to work on the deal.
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August 12, 2024
Judge Won't DQ Asst. US Atty In Standard Chartered FCA Case
A New York federal judge on Monday declined to disqualify an assistant United States attorney from a long-dismissed False Claims Act suit against Standard Chartered Bank, calling the whistleblower's arguments for disqualification meritless "to the point where they verge on vexatious and frivolous."
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August 12, 2024
Deadline Passes For Camp Lejeune Claims
The deadline for U.S. Marine Corps servicemembers and their families to file administrative claims with the federal government over illnesses contracted by contaminated drinking water at Camp Lejeune passed on Saturday, with more than 320,000 claims that have been filed with the U.S. Navy.
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August 12, 2024
SEC, SolarWinds In Settlement Talks After Cyber Suit Trimmed
Software company SolarWinds Corp. is in talks to settle a U.S. Securities and Exchange Commission cybersecurity lawsuit after a Manhattan federal judge dismissed the majority of claims over a 2020 data breach, the parties said Monday.
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August 12, 2024
Protest Tossed After Navy Cancels $12M Software Deal
A Court of Federal Claims judge has dismissed a technology company's protest over the U.S. Navy's alleged violation of a federal preference for commercial products when it issued a sole-source software contract, finding cancellation of the deal made the dispute effectively moot.
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August 12, 2024
2nd Circ. Nixes 'Excessive' $5M Award For Housing Nonprofit
The Second Circuit on Monday overturned a $5 million award to a nonprofit that faced pushback from a Connecticut town while trying to open a group home for individuals with disabilities, finding that it was unconstitutionally excessive, but at the same time castigated the municipality's officials for "highly reprehensible" conduct.
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August 12, 2024
Rising Star: Blank Rome's Robyn N. Burrows
Blank Rome LLP's Robyn Burrows helped undo a U.S. Government Accountability Office ruling on a personnel dispute that cost KPMG a contract and convinced the U.S. Department of Energy to allow millions of dollars of costs for a Hanford Site contractor, earning her a spot among the government contracts law practitioners under age 40 honored by Law360 as Rising Stars.
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August 09, 2024
DoD Engineer Arrested For Taking Home 'Top Secret' Docs
A U.S. Department of Defense civilian employee accused of taking thousands of pages from his workplace was arrested early Friday morning, according to an affidavit that also reveals he was en route to Mexico for a fishing trip and that "stacks of papers" with top secret documents were found in his Virgnia home.
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August 09, 2024
Feds Say Smartmatic Execs Bribed Philippine Elections Head
Federal prosecutors have accused three Smartmatic executives — including the voting-machine company's co-founder and president — of bribing a Philippines elections official to secure contracts for the country's 2016 elections, according to an indictment filed Friday in Florida federal court.
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August 09, 2024
Top 4 Gov't Contracting Policies Of 2024: Midyear Report
Federal agencies have made several prominent policy moves affecting contractors this year, headlined by programs incentivizing whistleblowers to come forward with information about contracting fraud, tweaks to a wide-ranging cybersecurity standard, and guidance for how agencies should purchase generative tools. Here, Law360 examines four significant policy changes from the first half of 2024 that will affect government contractors.
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August 09, 2024
Valeant's Legal Gripe A Total 'Nothingburger,' Justices Told
A lawyer who assembled a whistleblower lawsuit against a major pharmaceutical company using publicly available patent board filings says the larger legal question of whether he can do that is way too niche for the U.S. Supreme Court to bother thinking about.
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August 09, 2024
Bond Denied For Ex-Ecuador Official Convicted In Bribery Plot
A Florida federal judge denied bond to Ecuador's ex-comptroller Friday after a jury convicted him earlier this year of laundering more than $12 million in bribes received in a construction scandal, saying the record would not support releasing him from custody before he is sentenced.
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August 09, 2024
Appeals Board Says BAE Not Owed $21M Pension Cost Claim
The Armed Services Board of Contract Appeals rejected BAE Systems' $20.8 million appeal over costs related to withdrawing from a union pension plan at the end of a U.S. Air Force contract, saying the contract did not cover those costs.
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August 09, 2024
Justices Urged To Turn Away $1.3B Sovereign Immunity Case
A commercial division of India's space agency is urging the U.S. Supreme Court not to revisit a Ninth Circuit decision refusing to enforce a $1.3 billion arbitral award issued to a satellite communications company, arguing that the jurisdictional question raised in the petition has been long settled.
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August 09, 2024
Immigrants In Ind. Jail Resist ICE Bid To Dodge Detention Suit
Immigrant detainees challenging conditions at an Indiana county jail resisted U.S. Immigration and Customs Enforcement's attempt to duck claims that it kept paying the county to detain immigrants, even though the prison's sanitation and medical services fell short of federal standards.
Expert Analysis
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'Outsourcing' Ruling, 5 Years On: A Warning, Not A Watershed
A New York federal court’s 2019 ruling in U.S. v. Connolly, holding that the government improperly outsourced an investigation to Deutsche Bank, has not undercut corporate cooperation incentives as feared — but companies should not completely ignore the lessons of the case, say Temidayo Aganga-Williams and Anna Nabutovsky at Selendy Gay.
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Series
Serving In The National Guard Makes Me A Better Lawyer
My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at Baker Donelson.
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Big Business May Come To Rue The Post-Administrative State
Many have framed the U.S. Supreme Court’s recent decisions overturning Chevron deference and extending the window to challenge regulations as big wins for big business, but sand in the gears of agency rulemaking may be a double-edged sword, creating prolonged uncertainty that impedes businesses’ ability to plan for the future, says Todd Baker at Columbia University.
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A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates
Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.
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Criminal Enforcement Considerations For Gov't Contractors
Government contractors increasingly exposed to criminal liability risks should establish programs that enable detection and remediation of employee misconduct, consider voluntary disclosure, and be aware of the potentially disastrous consequences of failing to make a mandatory disclosure where the government concludes it was required, say attorneys at Crowell & Moring.
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Opinion
States Should Loosen Law Firm Ownership Restrictions
Despite growing buzz, normalized nonlawyer ownership of law firms is a distant prospect, so the legal community should focus first on liberalizing state restrictions on attorney and firm purchases of practices, which would bolster succession planning and improve access to justice, says Michael Di Gennaro at The Law Practice Exchange.
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Series
Solving Puzzles Makes Me A Better Lawyer
Tackling daily puzzles — like Wordle, KenKen and Connections — has bolstered my intellectual property litigation practice by helping me to exercise different mental skills, acknowledge minor but important details, and build and reinforce good habits, says Roy Wepner at Kaplan Breyer.
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Texas Ethics Opinion Flags Hazards Of Unauthorized Practice
The Texas Professional Ethics Committee's recently issued proposed opinion finding that in-house counsel providing legal services to the company's clients constitutes the unauthorized practice of law is a valuable clarification given that a UPL violation — a misdemeanor in most states — carries high stakes, say Hilary Gerzhoy and Julienne Pasichow at HWG.
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Series
After Chevron: Good News For Gov't Contractors In Litigation
The net result of the U.S. Supreme Court's decision overturning Chevron deference is that individuals, contractors and companies bringing procurement-related cases against the government will have new pathways toward success, say Joseph Berger and Andrés Vera at Thompson Hine.
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Electrifying Transportation With Public-Private Partnerships
Many clean energy goals remain public policy abstractions that face a challenging road to realization — but public-private partnership models could be a valuable tool to electrify the transportation sector, says Michael Blackwell at Husch Blackwell.
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In Memoriam: The Modern Administrative State
On June 28, the modern administrative state, where courts deferred to agency interpretations of ambiguous statutes, died when the U.S. Supreme Court overruled its previous decision in Chevron v. Natural Resources Defense Council — but it is survived by many cases decided under the Chevron framework, say Joseph Schaeffer and Jessica Deyoe at Babst Calland.
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How High Court Approached Time Limit On Reg Challenges
The U.S. Supreme Court's decision in Corner Post v. Federal Reserve Board effectively gives new entities their own personal statute of limitations to challenge rules and regulations, and Justice Brett Kavanaugh's concurrence may portend the court's view that those entities do not need to be directly regulated, say attorneys at Snell & Wilmer.
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Expect The Unexpected: Contracts For Underground Projects
Recent challenges encountered by the Mountain Valley Pipeline project underscore the importance of drafting contracts for underground construction to account for unexpected site conditions, associated risks and compliance with applicable laws, say Jill Jaffe and Brenda Lin at Nossaman.
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How To Clean Up Your Generative AI-Produced Legal Drafts
As law firms increasingly rely on generative artificial intelligence tools to produce legal text, attorneys should be on guard for the overuse of cohesive devices in initial drafts, and consider a few editing pointers to clean up AI’s repetitive and choppy outputs, says Ivy Grey at WordRake.
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Series
Boxing Makes Me A Better Lawyer
Boxing has influenced my legal work by enabling me to confidently hone the skills I've learned from the sport, like the ability to remain calm under pressure, evaluate an opponent's weaknesses and recognize when to seize an important opportunity, says Kirsten Soto at Clyde & Co.