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Government Contracts
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February 19, 2025
Cybersecurity Official Rejoins DOD After Contentious Exit
Former U.S. Department of Defense official Katie Arrington, a key figure in establishing its Cybersecurity Maturity Model Certification program who previously left the Pentagon after a contentious suspension, announced she has rejoined the DOD as chief information security officer.
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February 19, 2025
GAO Says $185M Space Force Contract Was Reasonable
The Government Accountability Office rejected a Virginia contractor's protest of a $185 million financial services contract for the U.S. Space Force, denying the contractor's claims that the government's price and performance assessments were unreasonable.
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February 19, 2025
Pot Consultant Says Ex-Partner Breached NDA, Swiped Client
A Colorado-based cannabis consulting firm is suing one of its subcontractors, saying the other company breached a nondisclosure agreement and used confidential information to steal a contract with a California city.
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February 18, 2025
1st Circ. Backs Strict View Of Kickback Law In Blow To FCA
In an eagerly awaited ruling, the First Circuit on Tuesday said a major avenue for False Claims Act enforcement requires proof that kickbacks directly changed treatment decisions, a holding that creates a lopsided circuit split as well as significant challenges for the U.S. Department of Justice and the plaintiffs bar.
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February 18, 2025
Health Net Pays $11.25M To Settle Cybersecurity FCA Claims
Health Net and its parent Centene Corp. have reached an $11.25 million False Claims Act settlement to resolve allegations that the health plan administrator falsely certified compliance with cybersecurity requirements under a U.S. Department of Defense contract.
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February 18, 2025
Trump Exec Order Expands Control Over Independent Agencies
President Donald Trump signed an executive order Tuesday to limit the autonomy of independent agencies such as the U.S. Securities and Exchange Commission and Federal Communications Commission by requiring them to submit draft regulations for presidential review.
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February 18, 2025
Convicted Pharma Exec Seeks Trial Redo, Citing Feds' Error
A former pharmacy executive convicted on criminal charges over a healthcare scheme that defrauded the government of $160 million has urged a Texas federal court to grant him a new trial, arguing an admission of error by the federal government necessitates a redo.
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February 18, 2025
DC Midair Collision Family Brings $250M Claims Against Gov't
The family of a passenger killed in last month's midair collision between an American Airlines regional jet and a military helicopter put the federal government on notice that they're pursuing $250 million in personal injury and wrongful death claims over the accident, attorneys for the family said Tuesday.
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February 18, 2025
Feds Strike $29M Deal To Settle FCA Overpayment Claims
Healthcare system SVCMC Inc. will pay $29 million to resolve allegations it held onto erroneous overpayments for medical services provided to retired military members and their families, the U.S. Department of Justice has said.
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February 18, 2025
State AGs Can't Yet Block Musk From Accessing Agency Data
A Washington, D.C., federal judge on Tuesday denied a motion from 14 state attorneys general for an emergency order to stop Elon Musk and his Department of Government Efficiency from accessing data systems at seven federal agencies or enacting mass firings of those agencies' employees.
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February 18, 2025
'ComEd Four' Look To Halt Case After Trump FCPA Order
Four former Commonwealth Edison CEO executives and lobbyists convicted of conspiring to bribe ex-Illinois House Speaker Michael Madigan asked a federal judge on Monday to stay all proceedings in their case, citing an executive order from President Donald Trump they claim could lead to the dropping of Foreign Corrupt Practices Act charges.
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February 18, 2025
White House Says City Can't Show Harm From Anti-DEI Orders
The Trump administration urged a Maryland federal court Tuesday not to block its executive orders curtailing diversity, equity and inclusion programs, saying the city of Baltimore and other challengers hadn't shown any of their funding has been affected by the orders.
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February 18, 2025
States Ask 5th Circ. To Rethink Contractor Wage Hike Ruling
Republican attorneys general in Texas, Mississippi and Louisiana called on the full Fifth Circuit to reconsider a panel's decision backing the Biden administration's contract worker minimum wage hike, saying the ruling contradicts at least 11 other precedential decisions.
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February 14, 2025
Feds Seek Stay Of States' Methane Suit, Citing Trump Order
The federal government has requested a pause on North Dakota and other states' challenge to a Bureau of Land Management methane waste rule, saying a stay is appropriate because the rule is under review following President Donald Trump's "Unleashing American Energy" executive order.
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February 14, 2025
States Move To Block Musk From Taking Over Gov't Agencies
Fourteen state attorneys general Friday sought an emergency order in D.C. federal court to stop Elon Musk and his U.S. DOGE Service Temporary Organization from exercising "unprecedented" authority over federal agencies, arguing that as an unelected, unconfirmed official, Musk has "taken the helm" of the federal government in violation of the U.S. Constitution.
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February 14, 2025
9th Circ. Judge Pauses At Forest Service's Project Revision
The U.S. Forest Service pushed back on Friday against a Ninth Circuit judge's point that a restoration project being challenged by a conservation group evolved "quite a bit" after a fire ripped through the area, contending the final plan ultimately prescribed the same changes — just to fewer acres.
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February 14, 2025
Ex-Fla. Rep's Associate Wants Sanctions For 'Sham' Lawsuit
An associate of David Rivera has asked for sanctions against the former Florida congressman and his attorney, arguing that Rivera's suit accusing him of disclosing a confidential legal memorandum to law enforcement is "a complete sham" contrived to get discovery Rivera is not entitled to in the criminal proceeding in which he is accused of unlawfully lobbying on behalf of Venezuela.
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February 14, 2025
Judge Partly Certifies Ex-Detainee Class In Debit Card Fee Suit
A Washington federal judge has partially certified a class of former detainees suing the Central Bank of Kansas City, alleging the bank charged them debit card fees to regain access to their money after they were released.
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February 14, 2025
Trump Aims To End Limits On President's Power To Fire
President Donald Trump has his sights set on taking down a 90-year-old U.S. Supreme Court ruling that protects certain government officials from being fired, a U.S. Department of Justice letter confirms, and he plans to leverage his prior legal victories to deliver the precedent's death knell and expand presidential power.
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February 14, 2025
9th Circ. Judge Grills Feds In Immigrant Detention Regs Case
A Ninth Circuit judge pressed the federal government Friday on its stance that a Washington state law goes too far in setting health and safety benchmarks for a privately run immigration detention center, drawing an "apples-to-apples" comparison with similar rules for contractor-run psychiatric hospitals.
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February 14, 2025
9th Circ. Told DOL Can't Shield Contractor Demographic Data
The Center for Investigative Reporting told the Ninth Circuit on Friday that federal contractors' workforce demographic reports were not protected by a commercial data exemption to the Freedom of Information Act, as there was no "intimate information" in those reports.
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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.
Expert Analysis
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Lawyers With Disabilities Are Seeking Equity, Not Pity
Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.
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Opinion
Judicial Committee Best Venue For Litigation Funding Rules
The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.
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The Strategic Advantages Of Appointing A Law Firm CEO
The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.
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Why Diversity Jurisdiction Poses Investment Fund Hurdles
Federal courts' continued application of the exacting rules of diversity jurisdiction presents particular challenges for investment funds, and in the absence of any near-term reform, those who manage such funds should take action to avoid diversity jurisdiction pitfalls, say attorneys at Sher Tremonte.
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Comments Show Need For Clarity On SBA Proposed Rule
The recent public comments period for the Small Business Administration's proposed rule on recertification and other regulations underscores the need for more precision, particularly on agreements in principle, which the SBA should address as it moves forward with this rulemaking, say attorneys at Covington.
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Series
Beekeeping Makes Me A Better Lawyer
The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.
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GAO Decision Offers Insights On Verifying TAA Compliance
The U.S. Government Accountability Office's August decision in Matter of: HPI Federal LLC serves as a reminder of the importance of verifying Trade Agreements Act compliance — and of understanding the parameters of an agency's acceptance of an offeror's TAA representation, say Amy Hoang and Sarah Barney at Seyfarth.
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3 Takeaways From Navy Shipbuilder's Fraud Guilty Plea
Austal USA’s recent plea agreement over accounting fraud charges highlights for other companies the benefits of cooperating with government investigations, the challenges posed by senior executives’ involvement in misconduct, and the high stakes for defense contractors, say Michael DeBernardis and Shayda Vance at Hughes Hubbard.
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Opinion
Legal Institutions Must Warn Against Phony Election Suits
With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Series
Home Canning Makes Me A Better Lawyer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.
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Next Steps For FCA Defendants After Fla. Qui Tam Ruling
Because a Florida federal court's recent decision in Zafirov v. Florida Medical Associates could eventually prove to be a watershed event for False Claims Act suits, defendants should consider potential next steps to ensure that their litigation benefits from the court's reasoning and further developments, says Scott Gallisdorfer at Bass Berry.
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Compliance Pointers For Amended Pa. Data Breach Law
Recent updates to the Pennsylvania Breach of Personal Information Notification Act include a requirement that organizations alert the state's attorney general of certain consumer data breach notifications, and several incident response and cybersecurity considerations will be necessary to ensure compliance, say Matthew Meade and Laura Decker at Eckert Seamans.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.