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Government Contracts
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January 13, 2025
On Cross, Madigan Says He Merely Helped Job-Seekers
Former Illinois House Speaker Michael Madigan distanced himself Monday from political allies who prosecutors say bribed him for jobs and other benefits, saying his recommendations were just that, and that he thought he was effective in shutting down a former alderman's quid pro quo suggestion.
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January 13, 2025
Judge Spikes Challenge To Ga. Utility Commish Elections
A federal judge on Monday tossed a lawsuit that challenged the extension of terms for members of Georgia's utility regulatory commission while its elections were suspended by voting rights litigation, clearing the way for its members to return to the ballot next year.
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January 13, 2025
Lincare Pays $1.15M To End Wash. Medicaid Fraud Probe
Lincare Inc. agreed to pay $1.15 million to resolve a Washington probe into allegations the medical equipment supplier overbilled Medicaid for rental payments for patients' oxygen equipment over a six-year period, the Washington State Office of the Attorney General announced Monday.
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January 13, 2025
Fla. Court OKs $6B Settlement Data Release In 3M's UK Case
A Florida federal court has authorized the release of certain information related to 3M's $6 billion multidistrict litigation settlement ending claims over allegedly faulty combat earplugs to a London arbitral tribunal, which was convened to determine if insurer AIG Europe Ltd. is refusing to pay its share of the deal.
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January 13, 2025
Justices Won't Review 11th Circ.'s Cancer Cluster Decision
The U.S. Supreme Court said Monday that it won't review the Eleventh Circuit's affirmation of a favorable jury verdict for defense contractor Pratt & Whitney, which was found to have failed to exercise reasonable care when disposing radioactive materials, but also freed it from liability for the cancer cases that emerged in a Florida neighborhood.
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January 13, 2025
FHWA Ends 'Buy America' Waiver For Manufactured Products
The Federal Highway Administration on Monday finalized a rule ending a decades-long exception to "Buy America" domestic sourcing requirements for manufactured products used in federally funded highway projects, a change the agency said was intended to boost domestic manufacturing.
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January 13, 2025
NJ Groups Sue To Revoke Offshore Wind Farm Approvals
A group of environmental and business organizations are alleging in New Jersey federal court that federal approvals awarded to a Shell-backed developer's offshore wind projects violate a number of environmental statutes, and they are looking to halt the construction of two offshore wind facilities located just under nine miles off the Garden State coast.
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January 13, 2025
Ga. Waste Authority Sues To Block County's Audit Attempt
A Georgia county's solid waste authority, whose finances came under scrutiny from the Federal Bureau of Investigation last year, has sued its county's government to block an effort by the county to force inspections and audits of its waste facilities.
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January 13, 2025
Army Can Sole-Source $990M 'Critical Support' Deal
The U.S. Government Accountability Office has rejected a protest over a sole-source $990 million U.S. Army loitering munitions contract, saying the Army properly used temporary authority meant to provide critical support for Ukraine, Taiwan and Israel to award the deal.
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January 13, 2025
Wynne Transportation Files Ch. 11 After $32M Arbitration Loss
Transportation services company Wynne Transportation Holdings LLC filed for Chapter 11 protection in Delaware after an arbitrator said it must pay a former subcontractor $32.8 million because it severed their partnership after the state of Texas required it to bus migrants to Democratic-controlled areas.
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January 13, 2025
Justices Won't Hear Farm's Bid To Retake Denver Airport Land
The U.S. Supreme Court on Monday declined to hear a Colorado farm company's petition arguing Denver can't hold onto land originally seized for the Denver International Airport now that the city plans to build a private commercial complex on the property.
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January 13, 2025
Justices Won't Review Biden's Contractor Wage Hike
The U.S. Supreme Court won't review President Joe Biden's authority to raise the minimum wage for federal contract workers, the high court said Monday, shutting down a bid to overturn a Tenth Circuit decision.
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January 10, 2025
4 Lessons For Contractors From The Bitmanagement Saga
A software company's damages award of just $150,000 after years of litigation over the U.S. Navy violating a licensing deal offers several lessons for federal software contractors about carefully negotiating contractual terms and making sure they can adequately enforce those terms.
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January 10, 2025
CACI Denied New Trial Over Abu Ghraib Torture
The defense contractor found liable for conspiring with the U.S. military to torture inmates at the Abu Ghraib military prison said it would appeal to the Fourth Circuit after a Virginia federal judge Friday ruled the company won't get a third crack at trial.
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January 10, 2025
Tech Co., Feds Seek Wins In Commercial Item Preference Row
A tech company is asking a federal judge to block the Centers for Medicare and Medicaid Services from proceeding with solicitations that stand to replace so-called batCAVE and Signal software it developed that is already providing the desired functionality.
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January 10, 2025
FAR Council Pulls Proposed GHG Emissions Disclosure Rule
The Federal Acquisition Regulatory Council on Friday withdrew a pending rule that aimed to require "major" federal contractors to publicly disclose their greenhouse gas emissions and to set emissions reduction targets, saying the Biden administration lacks sufficient time to finalize the proposal.
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January 10, 2025
9th Circ. Affirms Hearing Aid Co.'s Win Over Investor Suit
The Ninth Circuit on Friday handed a win to Eargo Inc. and affirmed the dismissal of a securities class action against the hearing aid company, which alleged that the company and its top brass acted with intent to commit insurance billing fraud.
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January 10, 2025
NJ Mayor Cops To Using Town Employees to Run Private Biz
A longtime New Jersey mayor is barred from ever holding public office or employment again after he admitted Friday to using township employees to help run a private business out of his mayoral office, New Jersey Attorney General Matthew J. Platkin announced.
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January 09, 2025
Other Bidders Can Intervene In Army Contract Protest
The U.S. Court of Federal Claims rejected an effort by Red River Science & Technology LLC to stop other bidders from intervening in its protest over the U.S. Army's decision to reopen contract-related discussions.
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January 09, 2025
Asphalt Exec Latest To Plead Guilty In Bid-Rigging Scheme
A metro Detroit asphalt executive pled guilty Wednesday for his role in a conspiracy to rig bids for paving jobs in Michigan, the latest plea in the government's sprawling investigation into multiple companies and their leaders for a scheme that resulted in millions of dollars' worth of rigged contracts.
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January 09, 2025
DOD Says Chinese Military Co. Listing For Lidar Firm Is Legit
The U.S. Department of Defense is urging a D.C. federal judge to back its decision to include Shanghai-based lidar manufacturer Hesai Technology Co. Ltd. on a list of "Chinese military companies," a decision the company has called "riddled with sloppy mistakes."
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January 09, 2025
NASA Awards Calif. Co. $1.1B Engineering Support Contract
NASA has selected California-based Columbus Technologies and Services Inc. to receive a five-year, up to $1.1 billion contract to provide electrical and electronic engineering support to the Goddard Space Flight Center in Greenbelt, Maryland.
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January 09, 2025
Mich. City Fights Pot Co.'s Bid To Stop Adult Use Licensing
The city of Pontiac, Michigan, is asking a federal court to deny a bid from a would-be cannabis retailer to halt the city's process of issuing recreational use cannabis licenses, saying the company's claims are premature and likely to fail.
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January 08, 2025
Whistleblower Attys Get $8.7M In Academy Mortgage FCA Suit
Counsel representing a whistleblower will receive $8.7 million in fees and expenses — less than requested — for their role in reaching a $38.5 million deal with Academy Mortgage in a suit accusing the company of submitting false claims, according to a newly public order.
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January 08, 2025
Sierra Nevada Corp. Conversion Can't Derail $991M Army Bid
The U.S. Government Accountability Office has rejected a protest over a $991.3 million contract for the U.S. Army's HADES spy plane, saying the Army reasonably rejected L3Harris' bid while keeping awardee Sierra Nevada eligible despite a corporate name change.
Expert Analysis
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DOJ Innovasis Settlement Offers Lessons On Self-Disclosure
The recent $12 million settlement with Innovasis and two of its executives demonstrates the U.S. Department of Justice's continued prioritization of Anti-Kickback Statute enforcement amid the growing circuit split over causation, and illustrates important nuances surrounding self-disclosure, say Denise Barnes and Scott Gallisdorfer at Bass Berry.
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Bid Protest Spotlight: Standing, Prejudice, Conflicts
In this month's bid protest roundup, Caitlin Crujido at MoFo examines three recent decisions from the U.S. Government Accountability Office concerning whether a would-be protestor was an interested party with standing, whether an agency adequately investigated potential procurement violations and whether a proposed firewall sufficiently addressed an impaired objectivity organizational conflict of interest.
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How Contractors Can Prep For DOD Cybersecurity Rule
The proverbial clock is ticking for defense contractors and subcontractors to strengthen their compliance posture in preparation for the rollout of the highly anticipated Cybersecurity Maturity Model Certification program, so those affected should analyze their existing security standards and take proactive steps to fill in any significant gaps, say Beth Waller and Patrick Austin at Woods Rogers.
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NYSE Delisting May Be The Cost Of FCPA Compliance
ABB’s recent decision to delist its U.S. depository receipts from the New York Stock Exchange, coupled with having settled three Foreign Corrupt Practices Act enforcement actions, begs the question of whether the cost of FCPA compliance should factor into a company's decision to remain listed in the U.S., says John Joy at FTI Law.
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Series
Being A Luthier Makes Me A Better Lawyer
When I’m not working as an appellate lawyer, I spend my spare time building guitars — a craft known as luthiery — which has helped to enhance the discipline, patience and resilience needed to write better briefs, says Rob Carty at Nichols Brar.
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Lead Like 'Ted Lasso' By Embracing Cognitive Diversity
The Apple TV+ series “Ted Lasso” aptly illustrates how embracing cognitive diversity can be a winning strategy for teams, providing a useful lesson for law firms, which can benefit significantly from fresh, diverse perspectives and collaborative problem-solving, says Paul Manuele at PR Manuele Consulting.
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Boeing Plea Deal Is A Mixed Bag, Providing Lessons For Cos.
The plea deal for conspiracy to defraud regulators that Boeing has tentatively agreed to will, on the one hand, probably help the company avoid further reputational damage, but also demonstrates to companies that deferred prosecution agreements have real teeth, and that noncompliance with DPA terms can be costly, says Edmund Vickers at Red Lion Chambers.
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Justices' Criminal Law Decisions: The Term In Review
Each of the 11 criminal decisions issued in the U.S. Supreme Court’s recently concluded term is independently important, but taken together, they reveal trends in the court’s broader approach to criminal law, presenting both pitfalls and opportunities for defendants and their counsel, says Kenneth Notter at MoloLamken.
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Series
After Chevron: Bid Protest Litigation Will Hold Steady For Now
Though the substantive holding of Loper Bright is unlikely to affect bid protests because questions of statutory interpretation are rare, the spirit of the U.S. Supreme Court's decision may signal a general trend away from agency deference even on the complex technical issues that often arise, say Kayleigh Scalzo and Andrew Guy at Covington.
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Opinion
Now More Than Ever, Lawyers Must Exhibit Professionalism
As society becomes increasingly fractured and workplace incivility is on the rise, attorneys must champion professionalism and lead by example, demonstrating how lawyers can respectfully disagree without being disagreeable, says Edward Casmere at Norton Rose.
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Series
After Chevron: Piercing FEMA Authority Is Not Insurmountable
While the Federal Emergency Management Agency's discretionary authority continues to provide significant protection from claims under the Administrative Procedure Act, Loper Bright is a blow to the argument that Congress gave FEMA unfettered discretion to administer its own programs, says Wendy Huff Ellard at Baker Donelson.
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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.