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Government Contracts
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February 14, 2025
Munger Tolles Gets $10M Retainer To Rep LA In Fire Litigation
Munger Tolles & Olson LLP has signed a $10 million retainer agreement to represent the Los Angeles Department of Water and Power in a series of lawsuits alleging it irresponsibly left a local reservoir empty ahead of last month's devastating Palisades Fire.
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February 14, 2025
Feds Hit With Brady Claims As Implant Kickback Trial Looms
Two defendants nearing trial on medical device kickback claims say Boston federal prosecutors are begrudgingly sharing mountains of exculpatory materials they should have provided years ago.
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February 14, 2025
Trump Fires Opening Salvos In Rematch With Sanctuary Cities
Facing dozens of lawsuits looking to check the power of his administration, President Donald Trump has fired back recently with suits targeting so-called sanctuary cities, setting up a legal battle over the federal government's ability to induce state and local cooperation on immigration enforcement.
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February 14, 2025
DC Judge Orders Feds To Restore Foreign Funding
A D.C. federal judge ordered the Trump administration to restore foreign funding in connection with any grants or programs in place before the inauguration, saying aid organizations have made a sufficient showing that the pause threatens their very existence.
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February 14, 2025
Construction Groups, DOL Want Pause In DBA Rule Fight
A challenge to the U.S. Department of Labor's final rule updating the math for Davis-Bacon Act prevailing wages needs to be paused while the department's top brass catches up on the litigation, the DOL and the groups suing told a Texas federal court Friday.
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February 13, 2025
House Dems Push Against GOP's Proposed Tax Cuts
House Budget Committee Republicans on Thursday passed a resolution that would allow for the passage of up to $4.5 trillion in tax cuts and the repeal of the Inflation Reduction Act.
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February 13, 2025
Claims Court Won't Block $182M Army Corps Deal
A Court of Federal Claims judge rejected a contractor's attempt to block a $181.5 million Army Corps of Engineers construction contract, saying the company provided little evidence to back its claim the agency erred in choosing a more expensive proposal.
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February 13, 2025
Protestor Says Late Filing Must DQ €978M Contract Winner
A Virginia company has asked a federal judge to scrap a €978.6 million ($1.02 billion) contract the U.S. Army awarded for security for government installations and personnel in Germany, arguing the Army ignored a "late is late" rule to steer the deal back to the incumbent.
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February 13, 2025
US Will Weigh In As Justices Consider $1.3B India Award Suit
The Trump administration is going to get argument time in front of the justices when the corporate arm of India's space agency faces off against a satellite telecom over the enforcement of a $1.3 billion arbitration award at the nation's highest court.
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February 13, 2025
Exec Cops To Conspiring To Overbill Gov't In Station Project
A former executive for a masonry contractor involved in the multimillion-dollar restoration of Philadelphia's historic 30th Street Station has admitted to a scheme that involved bribing an Amtrak employee to overcharge the federal government $2 million for the project, the U.S. Attorney's Office in Philadelphia said Thursday.
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February 13, 2025
USAID Workers Sue Over Legitimacy Of Musk, DOGE Actions
More than two dozen U.S. Agency for International Development workers sued billionaire and Tesla CEO Elon Musk and his Department of Governmental Efficiency on Thursday, arguing that their actions taking control of various federal agencies are unconstitutional.
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February 13, 2025
Boeing, DOJ Want More Time To Rework 737 Max Plea Deal
The U.S. Department of Justice and The Boeing Co. told a Texas federal judge on Thursday that they need another month to rework a plea agreement in the American aerospace giant's 737 Max criminal conspiracy case, saying new senior DOJ officials are still being briefed on a potential new deal.
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February 13, 2025
2nd Circ. Trims Ex-NY County Official's Corruption Verdict
The Second Circuit on Thursday undid part of the bribery conviction of a former Long Island county official accused of accepting kickbacks in return for helping a restaurateur secure a loan, saying his role as Nassau County executive did not make him an "agent" of a local municipality.
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February 13, 2025
Colo. Ends Deal With Medicaid Ride Co. Over Blown Deadline
Colorado on Wednesday terminated a contract with a company that provides transportation for state Medicaid members after the company sued to invalidate its suspension from the program, with the state citing a failure to complete driver background checks and other requirements on time.
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February 13, 2025
Small But Mighty Busy: 1st Circ. A Hub For Anti-Trump Suits
The Boston-based First Circuit will play an outsize role in litigation challenging the aggressive start to President Donald Trump's second administration, but the liberal stronghold's philosophic divergence with the U.S. Supreme Court may make any victories fleeting.
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February 12, 2025
Blind Vendors Fight Dismissal Of Military Retailer Dispute
Vendors challenging a military retailer's alleged violation of a law requiring federal agencies to prioritize businesses owned by the blind have pushed back at a magistrate judge's recommendation to toss their suit, saying they shouldn't be made to exhaust administrative remedies first.
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February 12, 2025
Avangrid Unit's Counterclaim Cut From Plant Cleanup Fight
The United Illuminating Co. cannot assert a counterclaim against the commissioner of Connecticut's energy regulator as they battle over the cleanup of the defunct and polluted English Station power plant in New Haven because the utility has not overcome the state's sovereign immunity, a state court has ruled.
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February 12, 2025
RI Judge Won't Pause Order To Unfreeze Funds Amid Appeal
A Rhode Island federal judge refused Wednesday to pause a court order blocking a freeze on funding for federal grants and programs while the Trump administration appeals the ruling to the First Circuit.
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February 12, 2025
GAO Says Navy Mistake Can't Sink $82M Construction Deal
The U.S. Government Accountability Office has denied a protest over an $82.2 million U.S. Navy construction order, saying the Navy's failure to comply with solicitation requirements when assessing the awardee's project labor agreement did not harm the protester.
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February 12, 2025
5th Circ. OKs Drop Of Litigation Over Biden-Era GHG Rule
The Fifth Circuit has signed off on the Trump administration's decision to cease litigation over a Biden-era rule that required states to set targets for reducing greenhouse gas emissions tied to federally funded highway projects.
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February 12, 2025
Trump Taps Wright Ally For Energy Dept. Post
President Donald Trump on Tuesday submitted nominations for several key posts within the U.S. Department of Energy, including an official from Energy Secretary Chris Wright's former oilfield services company to lead the agency's renewable energy office.
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February 12, 2025
Connell Foley Can't Refute DQ Bid, NJ Investment Firm Says
A Black-owned investment firm suing New Jersey for discrimination in federal court said the court must disqualify Connell Foley LLP from representing the state because of a conflict of interest, even though the supposedly conflicted attorney has denied any ethical breach.
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February 12, 2025
Ex-NYC Housing Worker Avoids Jail 1 Year After Mass Arrests
A federal judge in Manhattan on Wednesday allowed a former public housing superintendent to avoid jail time after he admitted to taking $3,500 in bribes, imposing the sentence just over a year after the mass arrest of 70 city workers — 63 of whom now stand convicted.
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February 11, 2025
Trump Tells Agencies To Plan 'Large-Scale' Cuts With Musk
President Donald Trump signed an executive order Tuesday that directs agencies to prepare for "large-scale" cuts to the federal workforce and gives Elon Musk's Department of Government Efficiency the authority to approve the future hiring of career officials.
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February 11, 2025
Public Disclosure Shields US Cellular From Auction Fraud Suit
The D.C. Circuit on Tuesday upheld a lower court's dismissal of long-running False Claims Act accusations against USCellular over alleged spectrum auction fraud, ruling that the relators acting on behalf of the government in the lawsuit lacked new information to bring to the case.
Expert Analysis
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How DOGE's Bite Can Live Up To Its Bark
All signs suggest that the Department of Government Efficiency will be an important part of the new Trump administration, with ample tools at its disposal to effectuate change, particularly with an attentive Republican-controlled Congress, say attorneys at K&L Gates.
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5 Notable Information Security Events In 2024
B. Stephanie Siegmann at Hinckley Allen discusses 2024's largest and most destructive data breaches seen yet, ranging from ransomware disrupting U.S. healthcare systems on a massive scale, to tensions increasing between the U.S. and China over cyberespionage and the control of U.S. data.
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US-China Deal Considerations Amid Cross-Border Uncertainty
With China seemingly set to respond to the incoming U.S. administration's call for strategic decoupling and tariffs, companies on both sides of the Pacific should explore deals and internal changes to mitigate risks and overcome hurdles to their strategic plans, say attorneys at Covington.
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Series
Playing Rugby Makes Me A Better Lawyer
My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.
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How 2025 NDAA May Affect DOD Procurement Protests
A bid protest pilot program included in the 2025 National Defense Authorization Act shifts litigation costs onto unsuccessful bid protesters and raises claim-filing thresholds, which could increase risks to U.S. Department of Defense contractors who file protests, and reduce oversight of DOD procurement awards, say attorneys at Venable.
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Opinion
No, Litigation Funders Are Not 'Fleeing' The District Of Del.
A recent study claimed that litigation funders have “fled” Delaware federal court due to a standing order requiring disclosure of third-party financing, but responsible funders have no problem litigating in this jurisdiction, and many other factors could explain the decline in filings, say Will Freeman and Sarah Tsou at Omni Bridgeway.
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5 E-Discovery Predictions For 2025 And Beyond
In the year to come, e-discovery will be shaped by new and emerging trends, from the adoption of artificial intelligence provisions in protective orders, to the proliferation of emojis as a source of evidence in contemporary litigation, say attorneys at Littler.
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What To Expect From Federal Cybersecurity Policy In 2025
There are 12 cyber policy questions to keep an eye on as the new administration and Republican control of Congress present an opportunity to advance less regulatory approaches and revisit some choices from the prior administration, say attorneys at Wiley.
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Republican Trifecta Amplifies Risks For Cos. In 3 Key Areas
Expected coordination between a Republican Congress and presidential administration may expose companies to simultaneous criminal, civil and congressional investigations, particularly with regard to supply chain risks in certain industries, government contracting and cross-border investment, say attorneys at Morgan Lewis.
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Bid Protest Spotlight: Certification, Lateness, SBA Eligibility
In this month's bid protest roundup, Cody Fisher at MoFo examines three recent decisions from the U.S. Court of Appeals for the Federal Circuit and the U.S. Government Accountability Office that address the treatment of a proposal that was timely submitted but received late, and highlight nuances of certification and small business eligibility requirements.
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7 Ways 2nd Trump Administration May Affect Partner Hiring
President-elect Donald Trump's return to the White House will likely have a number of downstream effects on partner hiring in the legal industry, from accelerated hiring timelines to increased vetting of prospective employees, say recruiters at Macrae.
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E-Discovery Quarterly: Rulings On Custodian Selection
Several recent rulings make clear that the proportionality of additional proposed custodians will depend on whether the custodians have unique relevant documents, and producing parties should consider whether information already in the record will show that they have relevant documents that otherwise might not be produced, say attorneys at Sidley.
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The OIG Report: Preparing For Oversight In 2025
Across sectors, Office of Inspector General work plans and challenge reports for 2025 provide a trove of information on the issues and industries that will likely be the focus of government oversight in the year to come, says Diana Shaw at Wiley.
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Series
Exercising On My Peloton Bike Makes Me A Better Lawyer
While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.
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Opinion
Aviation Watch: How Court Nixed Boeing Plea Deal Over DEI
A Texas federal court's rejection of the plea agreement between the U.S. Department of Justice and Boeing over the 737 Max aircraft gratuitously injected the court's views on diversity, equity and inclusion into a case that shouldn't have been a criminal matter in the first place, says Alan Hoffman, a retired attorney and aviation expert.