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Government Contracts
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September 23, 2024
Helicopter Co. Used Code Names To Oust Supplier, Jury Hears
Under the code name "Project Cicada," Fort Worth-based Bell Helicopter Textron Inc. worked for years to replace California-based digital avionics equipment supplier Rogerson Aircraft Corporation with a competitor, a jury heard in a Texas state court Monday, using Rogerson's trade secrets to prep the rival for the eventual shift.
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September 23, 2024
States, Enviros Urge USPS Vehicle Plan Challenge To Proceed
States and environmentalists have pushed back against the U.S. Postal Service and Oshkosh Defense's efforts to end a lawsuit alleging the USPS' multibillion-dollar delivery vehicle acquisition plan violates environmental law, saying the plan was inadequate and would harm them.
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September 23, 2024
Wash. Agency No Longer Seeking Names In 3M Earplug Case
The Washington state agency that handles child support claims seems no longer interested in seeking information on service members who are expected to receive payments from the 6 billion settlement from 3M Co. over injuries stemming from its Combat Arms Earplugs.
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September 23, 2024
Bio Lab Settles Conn. False-Claims Allegations For $1.73M
Enzo Biochem Inc. and subsidiary Enzo Clinical Labs Inc. will pay nearly $1.73 million to settle accusations that the companies' former Farmingdale, New York, laboratory billed higher rates to the state of Connecticut's Medicaid coffers than it billed to other payers, the state attorney general announced Monday.
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September 23, 2024
Migrant Youth Facility Moves To Ax DOJ's Sex Abuse Suit
Southwest Key asked a Texas federal judge to end the government's suit alleging it failed to protect migrant children from sexual abuse by staffers in violation of the Fair Housing Act, arguing Monday there are different regulations addressing and preventing such misconduct in shelter care facilities that don't include the FHA.
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September 23, 2024
Ex-Conn. Police Chief Demands Atty Fees After Winning Suit
The former chief of police in Newington, Connecticut, is demanding attorney fees after a state court judge dismissed him from a defamation lawsuit brought by the onetime town attorney and other ex-officials, which arose from ethics complaints that the plaintiffs say were full of lies.
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September 20, 2024
GAO Rejects Loper Bright Argument In Army Deal Dispute
The U.S. Government Accountability Office ruled that the U.S. Army could require bidders to recertify their small business status when bidding on a set-aside task order, saying the recent overturning of Chevron deference didn't make the Army's interpretation of a related rule unreasonable.
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September 20, 2024
Army Could Restore Bidder Eligibility For $42M Logistics Deal
The U.S. Government Accountability Office has rejected a protest over the U.S. Army reinstating the eventual awardee of a $42.3 million logistics support deal after initially finding the company's bid unacceptable, saying the Army's discussions with the awardee were reasonable.
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September 20, 2024
Healthcare Co. Slams IHS Action On $13M ER Staffing Deal
A healthcare staffing company is challenging in the U.S. Court of Federal Claims a proposed corrective action by the Indian Health Service on a $13.3 million task order for staffing services at the emergency room of the Pine Ridge Hospital in South Dakota.
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September 20, 2024
Judge Says $116M CIA Deal Protest Is Pot Calling Kettle Black
A contractor protesting the CIA's grant of a $115.8 million deal to a competitor is essentially throwing stones from its glass house, a claims court judge said, finding that both businesses broke the same rules in their proposals.
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September 20, 2024
Taxation With Representation: Gibson Dunn, Holland & Knight
In this week's Taxation With Representation, CACI International buys Azure Summit Technology, Hotel Engine lands a valuation led by Permira, and Knowles Corp. sells its microphone business to Syntiant Corp.
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September 20, 2024
DOE Picks 25 Battery Projects For $3B Of Awards
The U.S. Department of Energy on Friday said it has selected 25 projects across 14 states for negotiations for $3 billion of federal funding aimed at boosting the domestic production and recycling of batteries and key materials.
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September 20, 2024
Green Groups Can't Bar Housing Project, SC Judge Says
A South Carolina federal judge on Thursday denied conservation groups' push to block a 9,000-unit housing development on the Cainhoy Peninsula near Charleston, ruling they've not shown they're likely to succeed in a case challenging federal reviews and approvals.
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September 19, 2024
GAO Says ICE Wrongly Excluded Co. Over Registration Lapse
The U.S. Government Accountability Office has backed a protest from a company that lost a U.S. Immigration and Customs Enforcement medical services task order over a temporary federal database registration lapse, saying ICE had not mandated continuous registration.
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September 19, 2024
Judge Blocks Manhattan Project Waste From Mich. Landfill
A state judge barred a southeast Michigan landfill from accepting shipments of radiological material Wednesday, issuing a temporary restraining order days after surrounding communities sued over planned deliveries of contaminated soil and debris left over from the development of the first atomic bomb.
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September 19, 2024
Quinn Emanuel Challenges Oro Negro Execs' Discovery Bid
Quinn Emanuel Urquhart & Sullivan LLP is pushing back against a bid for firm documents from its former client, Oro Negro Drilling Pte. Ltd., saying the company that provides oil services in Mexico and its subsidiaries are "weaponizing" the firm's party status to gain a tactical advantage in related legal battles.
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September 19, 2024
Ex-La. Assistant DA Indicted In Bribery, Laundering Case
A former assistant district attorney in Lafayette, Louisiana, has been indicted on allegations he conspired to solicit kickbacks and accept bribes while overseeing the 15th Judicial District Attorney's Office's pretrial intervention program.
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September 19, 2024
Tax Or Fee, Utility Rates Beyond Review, Ga. Justices Hear
A Georgia city told the state Supreme Court on Thursday that its use of utility fees to bolster city coffers was not an illegal tax, despite a sports bar owner's claims to the contrary, and that a trial court rightly said it could not decide the matter.
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September 19, 2024
Quinn Emanuel Role Must Face Scrutiny, Djibouti Tells DC Circ.
The Republic of Djibouti has told the D.C. Circuit that there is no need to take a second look at a panel's July opinion that sent a dispute involving a $470 million-plus arbitral award back to the trial court to determine whether Quinn Emanuel Urquhart & Sullivan LLP had authority to represent a port operator in a long-running legal battle.
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September 18, 2024
CVS Unit Pays $60M Over Alleged Insurance Kickback Scheme
CVS Health subsidiary Oak Street will pay $60 million to settle allegations it violated the False Claims Act by paying illegal kickbacks to third-party insurers in return for scouting and inducing Medicare and Medicaid beneficiaries to enroll in its primary care clinics, the U.S. Department of Justice announced Wednesday.
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September 18, 2024
7th Circ. Questions Nixing $183M Eli Lilly Drug Rebate Verdict
A Seventh Circuit judge seemed unsure Wednesday whether to disturb a $183 million verdict against Eli Lilly in a false claims case targeting more than a decade of drug rebate miscalculations, questioning whether the company skipped checking legal guidance before calling its price reporting requirements unclear.
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September 18, 2024
Feds Say Afghan Allies Can't Sue Over Kids' Visa Denials
The U.S. Department of Homeland Security urged a Virginia federal judge to toss a suit from Afghan allies who claim their children's visa applications were arbitrarily denied, saying the suit has no legal leg to stand on.
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September 18, 2024
House Rejects 6-Month Federal Funding Bill
The U.S. House of Representatives on Wednesday rejected a continuing resolution funding the federal government for six months, after a veto threat from President Joe Biden over the bill's funding levels and a contentious clause requiring citizenship checks for voter registration.
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September 18, 2024
Gov't Lifeline Gives Nippon A Fighting Chance On US Steel
The Biden administration has indicated it's poised to block Nippon Steel from proceeding with a controversial $14.9 billion acquisition of U.S. Steel, but the government is reportedly giving the Japanese steelmaker an additional 90 days to prove its case, a development that should give Nippon hope it can get the deal done, attorneys say.
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September 18, 2024
Vista Rejects MNC's Latest Offer, Recommends Czech Co. Bid
Vista Outdoor Inc. on Wednesday again rejected Dallas-based private equity firm MNC Capital Partners LP's bid to take over the company and instead recommended that its shareholders approve its already-inked deal with Czech defense company Czechoslovak Group AS.
Expert Analysis
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How Associates Can Build A Professional Image
As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.
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Firms Must Rethink How They Train New Lawyers In AI Age
As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.
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Think Like A Lawyer: Always Be Closing
When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.
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Wiretap Use In Cartel Probes Likely To Remain An Exception
Although the U.S. Department of Justice's Antitrust Division has recently signaled interest in wiretaps, the use of this technology to capture evidence of antitrust conspiracies and pursue monopolization as a criminal matter has been rare historically, and is likely to remain so, say Carsten Reichel and Will Conway at DLA Piper.
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The OIG Report: DOD Review May Cause Contractor Dilemmas
Given a recent Office of Inspector General report finding that the U.S. Department of Defense awarded billions of dollars in contracts without performing the requisite financial responsibility reviews, contractors should prepare for a lengthier, more burdensome process and the possibility of re-review, says Diana Shaw at Wiley.
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Series
Playing Chess Makes Me A Better Lawyer
There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.
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Litigation Inspiration: Attys Can Be Heroic Like Olympians
Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.
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Biden Admin Proposals May Facilitate US, UK, Australia Trade
Recent proposals that create exceptions to U.S. export licensing requirements for defense trade with Australia and the U.K. would remove hurdles that have hindered trade among the three countries, and could enable smaller companies in the sector to greatly expand their trade horizons, say Keil Ritterpusch and Grace Welborn at Buchanan Ingersoll.
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Lean Into The 'Great Restoration' To Retain Legal Talent
As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.
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9th Circ. Ruling Shows Lies Must Go To Nature Of Bargain
The Ninth Circuit’s recent U.S. v. Milheiser decision, vacating six mail fraud convictions, clarifies that the key question in federal fraud cases is not whether lies were told, but what they were told about — thus requiring defense counsel to rethink their strategies, say Charles Kreindler and Krista Landis at Sheppard Mullin.
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Adopting 7 Principles May Improve Voluntary Carbon Markets
The Biden administration's recently issued joint policy statement on improving the integrity of voluntary carbon markets may help companies using carbon credits to offset their emissions withstand scrutiny by government agencies, the public and investors, say attorneys at Morgan Lewis.
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5 Steps For Gov't Contractor Affirmative Action Verification
As the federal contractor affirmative action program certification deadline approaches, government contractors and subcontractors should take steps to determine their program obligations, and ensure any required plans are properly implemented and timely registered, say Christopher Wilkinson at Perkins Coie and Joanna Colosimo at DCI Consulting.
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Series
Fishing Makes Me A Better Lawyer
Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge at Robinson Bradshaw.
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A Healthier Legal Industry Starts With Emotional Intelligence
The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.
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To Make Your Legal Writing Clear, Emulate A Master Chef
To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.