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Government Contracts
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March 18, 2025
Lab Co-Founder Takes Stand For Gov't In $40M Testing Case
A co-founder of a laboratory accused of submitting $40 million in unnecessary COVID-19 and genetic testing claims to healthcare benefit programs took the stand for the government on Tuesday, first testifying that the lab used an unauthorized test to cut corners and save money before admitting on cross-examination that the test was chosen because it performed better.
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March 18, 2025
NIH Avoids Contempt In Trans Case Despite Judge's Criticism
A federal judge said there is no clear evidence that the National Institutes of Health's revoking a Washington hospital's research grant violated her order blocking President Donald Trump's efforts to cut funding for gender-affirming care for young people, but the judge chastised the administration for its "narrow and self-serving view" of what makes up care.
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March 18, 2025
Md. Judge Says USAID Dismantling Is Likely Unconstitutional
A Maryland federal judge on Tuesday ruled that Elon Musk and his Department of Government Efficiency likely violated the U.S. Constitution "in multiple ways" in their drive to dismantle the U.S. Agency for International Development.
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March 18, 2025
Novel Argument Can't Excuse Late $409M Army Deal Protest
A Court of Federal Claims judge has denied a protest over a $408.7 million Army training contract, saying the protester waived its chance to dispute the Army's failure to conduct discussions with bidders by not filing that argument earlier.
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March 18, 2025
Asphalt Co. Exec Avoids Prison, Fined $100K For Bid Rigging
The president of an asphalt paving company who pled guilty to participating in a scheme with other asphalt companies to rig bids for projects in Michigan for roughly eight years avoided prison time and was ordered Tuesday to pay a $100,000 fine.
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March 18, 2025
Texas Tells 5th Circ. Trump Executive Order Nixes Pay Ruling
The Texas attorney general told the Fifth Circuit that its ruling in favor of the Biden administration's mandate increasing the minimum wage for federal contractors to $15 per hour must now be thrown out because President Donald Trump overturned the rule in an executive order last week.
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March 18, 2025
Bar Examinee Defends $2M ExamSoft Software Crash Suit
A former paralegal and would-be attorney has asked a federal judge to keep alive her software crash suit against ExamSoft, arguing that both the popular software company and the Connecticut Bar Examining Committee violated the Americans with Disabilities Act by not giving her extra time under an approved accommodation when her computer crashed during a remote COVID-era test.
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March 17, 2025
US Chamber Says FCA Qui Tam Provisions Unconstitutional
The U.S. Chamber of Commerce on Monday endorsed a legal challenge aimed at bringing down the whistleblower provisions in the False Claims Act, arguing there is a "manifest conflict between the modern FCA's qui tam provisions and Article II's text."
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March 17, 2025
DOGE Wants Judge To Reconsider Records Production Order
The Department of Government Efficiency has asked a D.C. federal judge to reconsider an order requiring it to share requested records with a watchdog group, doubling down on its position that DOGE is not an agency subject to public records law.
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March 17, 2025
Gutting USAID Threatens US Credibility, 22 Ex-Officials Say
A bipartisan group of former high-ranking national security and defense officials on Monday voiced opposition to the Trump administration's decision to dismantle the U.S. Agency for International Development, saying in an amicus brief filed in D.C. federal court that the shutdown undermines the United States' credibility while allowing China and Russia to build theirs.
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March 17, 2025
Judge Extends Block On Data Sharing With DOGE
A Maryland federal judge extended her temporary restraining order blocking the U.S. Department of Education and U.S. Office of Personnel Management from turning over sensitive personal information on federal employees to Department of Government Efficiency workers Monday, giving herself another week to rule on the workers' preliminary injunction request.
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March 17, 2025
Doctor Pays $700K To Settle Feds' Medicare Fraud Suit
A doctor and his Ringgold, Georgia, practice have agreed to pay $700,000 to settle allegations that they knowingly submitted false claims to Medicare for medically unnecessary chelation therapy.
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March 17, 2025
Private Equity Billionaire Greenlighted As Pentagon's No. 2
Private equity billionaire Stephen Feinberg was confirmed as deputy defense secretary on Friday by a 59-40 vote in the U.S. Senate.
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March 17, 2025
DJI Says DOD Chinese Military Co. Listing Was Irrational
Drone manufacturer SZ DJI Technology Co. Ltd. has urged a D.C. federal judge to order the U.S. Department of Defense to take the company off a list of Chinese military companies, saying the listing was based on faulty reasoning and a failure to consider relevant evidence.
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March 17, 2025
DC Circ. Skeptical Of Killing $200M Toll Road Arbitration Award
The D.C. Circuit seemed to have its doubts Monday about the Peruvian city of Lima's argument that it should overturn the confirmation of a $200 million arbitral award over a failed toll road construction project because the lower court ignored its claim that the contract was acquired via bribe.
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March 17, 2025
Split 9th Circ. Won't Halt Federal Workers Reinstatement Order
A divided Ninth Circuit panel on Monday denied President Donald Trump's administration an immediate administrative stay of a California district court order requiring reinstatement of some probationary federal workers fired from six agencies, the majority saying a pause "would disrupt the status quo and turn it on its head."
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March 17, 2025
Colo. Justices Reject Bid To Toss Election Defamation Suit
Colorado's justices have rejected petitions from President Donald Trump's campaign and conservative media personalities arguing that a former Dominion Voting executive's defamation suit should be tossed under a state anti-SLAPP law, according to an en banc order Monday declining to review the case.
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March 17, 2025
Ginnie Mae Says Texas Bank Can't Undo Ruling On Lien
Ginnie Mae and the U.S. Department of Housing and Urban Development have urged a Texas federal court to grant them summary judgment in a Texas bank's lawsuit, which alleges the government wrongfully extinguished the bank's first-priority lien for nearly $30 million of collateral, saying the court already upheld the authority to terminate the lien.
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March 17, 2025
Army Can Reject $435M TNT Plant Bidder Over China Ties
The U.S. Government Accountability Office has rejected a protest over a $435 million U.S. Army contract to design and build a TNT production facility, saying the Army reasonably rejected a bidder for security concerns over ties to China.
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March 17, 2025
Trump Revokes Fed. Contractor Wage Order That Led To Suits
President Donald Trump rescinded former President Joe Biden's executive order increasing the minimum wage for federal contract workers to $15 an hour, leaving an uncertain future for the U.S. Department of Labor rule implementing the order and ongoing court challenges to the rule.
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March 17, 2025
DOL Urges 5th Circ. To Keep Contractor Wage Hike Ruling
Former President Joe Biden had the authority to raise the minimum wage for federal contractors through a presidential executive order, the Trump administration's U.S. Department of Labor said, urging the full Fifth Circuit to leave in place a panel's decision backing the wage hike.
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March 17, 2025
Pittsburgh Workers Challenge City's Residency Requirement
A bargaining unit representing maintenance workers for the city of Pittsburgh claims an amendment to the city charter requiring them to live within city limits should be thrown out, pointing to a court ruling that tossed a similar requirement for Pittsburgh police officers.
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March 14, 2025
4th Circ. Lets White House Anti-DEI Efforts Proceed
The Fourth Circuit on Friday lifted a temporary injunction blocking President Donald Trump's administration from implementing the bulk of his executive orders targeting diversity, equity and inclusion programs, though each judge on the panel had differing views on the matter.
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March 14, 2025
Fannie, Freddie Can't Avoid $612M Investor Win, Judge Rules
A D.C. federal judge on Friday upheld a $612.4 million jury verdict against the Federal Housing Finance Agency, Fannie Mae and Freddie Mac, ruling that the jury was provided with "ample evidence" that reasonably led to its conclusion that FHFA improperly amended stock purchase agreements related to the companies.
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March 14, 2025
Boeing NASA Tech IP Claims Survive Dismissal In Wash.
A Washington federal judge has narrowed a Colorado firm's suit accusing The Boeing Co. of using stolen technology to support NASA's Artemis moon exploration program, preserving some claims for copyright and trade secret theft while dismissing trademark and counterfeiting allegations.
Expert Analysis
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A Halftime Analysis Of DOJ's Compensation Pilot Program
The U.S. Department of Justice appears to consider the first half of its three-year pilot program on compensation incentives and clawbacks to be proceeding successfully, so companies should expect prosecutors to emphasize the program and other compliance-related considerations early in investigations, say attorneys at Debevoise.
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What To Expect From Trump's Deputy Labor Secretary Pick
President Donald Trump's nominee for deputy secretary of the U.S. Department of Labor, Keith Sonderling, has a track record of prioritizing clear guidance on both traditional and cutting-edge issues, which can provide insight into what employers can expect from his leadership, say attorneys at Littler.
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Top 10 Healthcare And Life Sciences Issues To Watch In 2025
Under the new Trump administration, this coming year may benefit some healthcare and life sciences stakeholders, while creating new challenges for others amid an increasingly complex regulatory environment, say attorneys at Debevoise.
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A Look At Order Ending Federal Contractor Affirmative Action
To comply with President Donald Trump's executive order revoking affirmative action requirements in the next 90 days, federal contractors should focus on identification of protected groups, responsibilities of "diversity officer" positions and annual compliance reviews, says Jeremy Burkhart at Holland & Knight.
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Series
Documentary Filmmaking Makes Me A Better Lawyer
Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.
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Litigation Funding Disclosure Debate: Strategy Considerations
In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.
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Series
Adventure Photography Makes Me A Better Lawyer
Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.
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FAR Update Harmonizes Suspension And Debarment Rules
Although the newly finalized rule amending the Federal Acquisition Regulation's suspension and debarment system does not bring it into complete alignment with the same processes under the nonprocurement common rule, it is still a welcome update that makes many needed changes, says Kara Sacilotto at Wiley.
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The 5 Most Important Bid Protest Decisions Of 2024
The U.S. Court of Appeals for the Federal Circuit, the Court of Federal Claims and the Government Accountability Office issued five noteworthy bid protest decisions in 2024 that will likely have a continuing impact on questions concerning standing, timeliness, corporate transactions and more, say attorneys at Bradley Arant.
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Politicized OIGs Could Target Federal Employees, Contractors
After President Donald Trump fired nearly 20 inspectors general last week, it’s worth exploring how the administration could use Offices of Inspectors General to target federal employees and contractors, why it would be difficult to fight this effort, and one possible bulwark against the politicization of these watchdogs, says Sara Kropf at Kropf Moseley.
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5 Ways To Create Effective Mock Assignments For Associates
In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.
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Takeaways From DOJ Fraud Section's 2024 Year In Review
Attorneys at Paul Weiss highlight notable developments in the U.S. Department of Justice Fraud Section’s recently released annual report, and discuss what the second Trump administration could mean for enforcement in the year to come.
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4 Employment Law Areas Set To Change Under Trump
President Donald Trump's second term is expected to bring significant changes to the U.S. employment law landscape, including the potential for updated worker classification regulations, and challenges to diversity, equity and inclusion that are already taking shape, say attorneys at Debevoise.
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The 7th Circ.'s Top 10 Civil Opinions Of 2024
Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2024, and explain how they may affect issues related to mass arbitration, consumer fraud, class certification and more.
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'Key Personnel' Defense Is Trending In GAO Bid Protests
A trio of recent cases before the U.S. Government Accountability Office demonstrate that both the government and intervenors are increasingly defending bid protests by arguing that a protester's key personnel became unavailable after a proposal submission, but prior to an award, says Joshua Duvall at Maynard Nexsen.