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Government Contracts
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May 30, 2024
USDA Should Redo $44M Software Order Again, GAO Says
The Government Accountability Office publicly released a decision on Thursday in support of a company's protest of a $44.2 million Department of Agriculture task order for software support for conservation-related programs, concluding the order was not properly issued.
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May 30, 2024
Judge Exits Military Families' Suit Over Fatal Osprey Crash
A California federal judge recused himself from the wrongful death lawsuit launched by the families of the U.S. Marines killed when a Bell-Boeing-made V-22 Osprey went down, a recent court filing shows.
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May 30, 2024
ExamSoft, Bar Examiners Face $2M Software Crash Claims
A 68-year-old former paralegal who hopes to become a pro bono attorney has sued the Connecticut Bar Examining Committee and ubiquitous bar exam test-taking software vendor ExamSoft Worldwide Inc. for $2 million, claiming three software crashes stymied her ability to take a exam offered remotely because of the COVID-19 pandemic.
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May 30, 2024
King & Spalding Adds Litigation Co-Lead From V&E
King & Spalding LLP has hired Vinson & Elkins LLP's former commercial litigation group co-lead to join the firm in New York as a partner, the firm announced Thursday.
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May 30, 2024
DOL Says Challenged Provision In DBA Rule Is Lawful
The U.S. Department of Labor pressed a Texas federal court not to halt its final rule regulating prevailing wages under the Davis-Bacon Act, saying that one of the provisions several construction groups are challenging is completely lawful.
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May 29, 2024
Honeywell Ends Suit Over $8.75M Bond For Army Base Work
A Pennsylvania federal court has approved a request from Honeywell International Inc. to drop its lawsuit over an $8.75 million performance bond whose issuer allegedly balked at paying to replace a bankrupt subcontractor for a long-delayed job at the Tobyhanna Army Depot.
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May 29, 2024
FCC Chief Floats Plan To Cut Down On Orbital Satellite Debris
The Federal Communications Commission's chair proposed new rules Wednesday aiming to reduce the chances of spacecraft explosions that leave debris in orbit.
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May 29, 2024
GAO Claims Jurisdiction And Denies Novel AI Protest
The U.S. Government Accountability Office ruled it had the authority to hear a novel dispute over a company's exclusion from an Army prize competition for artificial intelligence technology because the competition could have eventually led to a contract, but ultimately rejected the protest.
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May 29, 2024
Texas Judge Bans Using $1.4B Border Wall Funds For Repairs
A Texas federal judge on Wednesday permanently blocked the White House from using $1.4 billion of border wall construction funding for barrier repair, rejecting requests from landowners, contractors and environmental groups to reconsider the scope of the ban.
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May 29, 2024
Acting Boston US Atty Says Fraud Cases Still High Priority
Prosecuting a range of fraud cases despite finite resources will remain a priority for Massachusetts acting U.S. Attorney Joshua Levy as he enters his second year in the job, he told reporters on Wednesday in a question and answer session at his office.
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May 29, 2024
Whistleblower Counsel Can't Get 'Exorbitant' $11.5M Fee
A Boston federal judge slashed an "exorbitant" $11.5 million fee request made by counsel for a False Claims Act whistleblower in a case involving lab testing company Fresenius Medical Care, hammering the attorneys for inflated hourly rates, inflated time entries and a host of questionable billing practices.
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May 28, 2024
Orsted Inks $125M Deal With NJ Over Scrapped Wind Farms
Orsted, a Danish wind energy company, has agreed to pay New Jersey $125 million to settle claims over the company's abrupt cancellation last fall of two offshore wind farms.
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May 28, 2024
White House Looks To Boost Carbon Credit Market Integrity
The Biden administration on Tuesday released new guidelines for voluntary carbon markets, touting the measures as a foundation for "ambitious and credible climate action" that also attempts to address questions about the integrity of credits that companies use to show a greener footprint.
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May 28, 2024
States, Greens Want Judgment Over USPS' New Vehicle Plan
Environmentalists and a coalition of 17 states called on a California federal judge to grant them judgment in litigation alleging the U.S. Postal Service violated the National Environmental Policy Act when it decided to replace its aging delivery fleet with "gas-guzzling vehicles."
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May 28, 2024
GSA Audit Authority Ruling Bars Crowley Suit Over DOD Deal
A Court of Federal Claims judge has rejected Crowley Government Services Inc.'s protest over the terms of a U.S. Transportation Command solicitation for freight services, saying the company effectively attempted to relitigate an already decided dispute over the General Services Administration's audit authority.
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May 28, 2024
Conn. Judge Asks If 'Sham' Exception Saves Stadium Fight
A Connecticut appellate judge asked Tuesday if a "sham" exception to limits on government contracting lawsuits can restore claims that the city of Hartford ran a fake bidding process for the redevelopment of Dillon Stadium, but counsel for several defendants pushed back and said it would not apply to the facts of the case.
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May 28, 2024
$3.1B Satellite Deal Needs Justices' Review, Co. Says
A broker accusing Lockheed Martin and Airbus of cutting it from a $3.1 billion military satellite deal opposed the Biden administration's contention that a U.S. Supreme Court review isn't needed, saying the administration incorrectly focused on an underlying F-35 deal.
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May 28, 2024
Mich. Atty Can't Have Dominion Info, Pa. Court Told
Dominion Voting Systems told a Pennsylvania state court Tuesday that information copied from election machines as part of a county's fraud probe was "fruit of the poisonous tree" and can't be shared with a Michigan attorney who has been in hot water for allegedly accessing other states' machine data and releasing the privileged information.
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May 24, 2024
SEC Hits Back At SolarWinds' 'Distortion' Allegations
The U.S. Securities and Exchange Commission sent a letter to a New York federal judge Friday pushing back on SolarWinds Corp.'s accusations that it was overstating and distorting its case against the government contractor over a data hack, saying its complaint is "well-grounded in facts" uncovered during its investigation.
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May 24, 2024
Claims Court Won't Toss $1.1M Breach Suit Against Navy
The U.S. Court of Federal Claims won't free the U.S. Navy from a $1.1 million breach-of-contract case from an engineering contractor, saying its handling of indirect and billing rates potentially amounted to a breach.
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May 24, 2024
Contractor Entitled To Share In Navy Savings, Board Rules
The U.S. Navy must share with a construction contractor savings resulting from the contractor's changes to a design-build task order, after the Armed Services Board of Contract Appeals ruled the Navy constructively accepted the contractor's proposal for the money-saving changes.
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May 24, 2024
HNTB's Liability Capped In Seattle Tunnel Delay Claim
A contract clause caps engineering firm HNTB Corp.'s potential liability over a long-delayed Seattle highway tunnel project, a Washington state court judge ruled Friday, likely dashing a joint venture's bid to recover more than $700 million.
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May 24, 2024
Staff Squeeze May Be Limiting Small Biz Roles In Procurement
The federal government has introduced several strategies over the last decade to help small businesses vie for procurement contracts, but overstretched acquisition staff may have limited capacity to deploy these strategies and reverse a downward trend in small business participation.
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May 24, 2024
Green Groups Lose In California Fish Protection Lawsuit
The federal government properly considered the needs of fish protected under the Endangered Species Act when it approved water supply contracts for California's Central Valley Project, the Ninth Circuit said in a ruling rejecting environmental groups' claims to the contrary.
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May 24, 2024
Navy Owes Crane Contractor $5M After Refusing Proposed Fix
The Armed Services Board of Contract Appeals ruled that the U.S. Navy must pay a Konecranes ABP unit roughly $4.9 million after the Navy wrongly refused to accept a proposed fix for problems discovered before delivery of a crane.
Expert Analysis
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Series
Playing Competitive Tennis Makes Me A Better Lawyer
My experience playing competitive tennis has highlighted why prioritizing exercise and stress relief, maintaining perspective under pressure, and supporting colleagues in pursuit of a common goal are all key aspects of championing a successful legal career, says Madhumita Datta at Lowenstein Sandler.
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Series
The Pop Culture Docket: Judge Djerassi On Super Bowl 52
Philadelphia Court of Common Pleas Judge Ramy Djerassi discusses how Super Bowl 52, in which the Philadelphia Eagles prevailed over the New England Patriots, provides an apt metaphor for alternative dispute resolution processes in commercial business cases.
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Ex-OpenSea Staffer Case May Clarify When Info Is Property
In considering the appeal of a former OpenSea manager’s wire fraud conviction in U.S. v. Chastain, the Second Circuit may soon provide guidance about whether economic information is traditional property in certain insider trading prosecutions — a theory of fraud that the U.S. Supreme Court has repeatedly narrowed, say attorneys at Debevoise.
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Takeaways From SEC's Aggressive Cybersecurity Moves
The U.S. Securities and Exchange Commission's intensifying policy on cybersecurity and securities violations in the wake of a data breach — like its enforcement action against SolarWinds and its security officer — has emboldened shareholders to file related suits, creating a heightened threat to public companies, say attorneys at Baker McKenzie.
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Bid Protest Spotlight: Supplementation, Conversion, Rejection
In this month's bid protest roundup, Lyle Hedgecock and Michaela Thornton at MoFo discuss recent cases highlighting how the U.S. Government Accountability Office and the U.S. Court of Federal Claims consider supplementation of the record and an agency’s attempt to convert a sealed bid opportunity into a negotiated procurement, as well as an example of precedential drift.
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Staying Ahead Of The AI Policymaking Curve
With artificial intelligence poised to be the hottest legislative and regulatory topic in 2024, expect the AI policymaking toolbox to continue to expand and evolve as stakeholders in the U.S. and abroad develop, deploy, use and learn more about these technologies, say attorneys at Hogan Lovells.
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Employee Experience Strategy Can Boost Law Firm Success
Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.
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What Cos. Can Learn From 2023 Export Enforcement Report
A January report summarizing key actions and policy changes undertaken at the Office of Export Enforcement in 2023 is a valuable indicator of future government priorities and the factors companies should consider as they conduct export operations amid what may be a turbulent international trading environment in 2024, says Thaddeus McBride at Bass Berry.
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Series
Competing In Triathlons Makes Me A Better Lawyer
While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.
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DOJ's Biopharma Settlement Raises Anti-Kickback Questions
In the aftermath of the U.S. Department of Justice's settlement with Ultragenyx over genetic testing programs, it may be prudent to reevaluate genetic tests through the lens of the Anti-Kickback Statute and reconsider whether it is proper for free testing programs to be treated like patient assistance programs, says Mary Kohler at Kohler Health Law.
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Where Justices Stand On Chevron Doctrine Post-Argument
Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.
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GAO Decision Underscores Complexity Of '180-Day Rule'
The Government Accountability Office's ruling last month in Washington Business Dynamics, evaluating its eligibility for a small business set-aside contract, provides an important reminder for companies to stay vigilant of developments around the evolving "180-day rule" for submitting a proposal, say Stephen Ramaley and Adam Bartolanzo at Miles & Stockbridge.
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Perspectives
6 Practice Pointers For Pro Bono Immigration Practice
An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.
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Lessons From Country Singer's Personal Service Saga
Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.
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How US Companies Can Wield The New Foreign Bribery Law
U.S. companies operating in high-risk markets can use the Foreign Extortion Prevention Act that passed last month to their advantage both in preventing bribe demands and in negotiating with the Justice Department to prevent prosecution or to receive cooperation credit, say attorneys at Squire Patton.