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Government Contracts
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January 23, 2025
Limits On Biden's Contracting Power Could Also Hinder Trump
A Trump administration order barring federal contractors from engaging in diversity, equity and inclusion programs could face court challenges, following the path of decisions rejecting the Biden administration's arguments it had statutory authority for minimum wage and vaccine requirements.
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January 23, 2025
4th Circ. Reads Kickback Law Broadly In Loss For Big Pharma
The Fourth Circuit on Thursday affirmed a Virginia federal judge's ruling against a pharmaceuticals industry-backed charity looking to weaken the Anti-Kickback Statute, holding that a proposed program for helping patients cover the cost of drugs could indeed constitute a quid pro quo.
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January 23, 2025
Fox Raises Specter Of Corruption In LA's Smartmatic Contract
Fox News has filed a public records lawsuit suggesting that Los Angeles County officials may have taken bribes to award a 2020 election contract to Smartmatic, the voting technology company currently pursuing a $2.7 billion defamation suit over Fox's coverage of that election.
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January 23, 2025
DOD Watchdog Finds Audits Didn't Follow Required Standards
A U.S. Department of Defense watchdog has said a limited review of incurred-cost audits completed by commercial, nonfederal auditors brought on to help clear a backlog found the auditors did not fully comply with federal government auditing standards in about two-thirds of the audits.
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January 23, 2025
GAO Says DOD Should Improve Modular Open Systems Use
The U.S. Department of Defense is not properly considering a modular open systems approach to designing weapons systems, despite recent legislation requiring it do so "to the maximum extent practicable," the Government Accountability Office said Wednesday.
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January 23, 2025
Ex-Police Chief Defamed Protester With Gang Claim, Suit Says
Atlanta's ex-police chief faces a renewed defamation suit over comments he made during a 2020 press conference to address arrests made at a Black Lives Matter protest, in which he allegedly accused one arrestee of being a violent gang member.
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January 23, 2025
Home Health Agency Operator Gets 12 Years For $100M Fraud
The former operator of a Massachusetts home healthcare agency convicted of fraud last summer has been sentenced to 12 years in prison and ordered to pay nearly $100 million in restitution to the state's Medicaid program.
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January 23, 2025
FTC Chair's 1st Act: Ending 'Scourge' Of DEI
Andrew N. Ferguson made his first public act as the Federal Trade Commission's new Republican chairman Wednesday by ordering the end of all agency diversity, equity and inclusion efforts and declaring that the "scourge" of DEI is over at the FTC.
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January 23, 2025
Senate Energy Committee Greenlights Energy, Interior Picks
A U.S. Senate energy panel on Thursday advanced President Donald Trump's nominees to lead the U.S. Departments of Energy and the Interior, setting them up for confirmation by the full Senate.
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January 23, 2025
Calif. Appeals Court Backs Apprentice Work Regulations
A California appeals court refused to reinstate a challenge from several employer associations seeking to strike down new regulations governing how apprentices can spend their time working, saying the California Apprenticeship Council was in the clear to promulgate the new rules.
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January 22, 2025
'Unicorn Prosecution' Could Upend Legal Practice, Court Told
Brown & Connery LLP partner William Tambussi told a New Jersey state judge Wednesday that the entire practice of law in the Garden State rests on his impending decision on the charges against him in the state's sweeping racketeering case targeting power broker George E. Norcross III, arguing that a lawyer has never been prosecuted for routine legal work.
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January 22, 2025
Vanda Loses Takings Clause Arguments In Trade Secret Fight
A Court of Federal Claims judge has held that specifications on how fast Vanda Pharmaceuticals' drugs dissolve do not count as property interest under the Fifth Amendment, handing a loss to the pharmaceutical company in its trade secrets case against the federal government.
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January 22, 2025
GAO Says Army Corps Reasonably Rejected Contractor's Bid
The Government Accountability Office has rejected a Georgia-based construction contractor's challenge to the U.S. Army Corps of Engineers' denial of its building repair contract proposal, saying the agency reasonably deemed the contractor's project labor agreement to be insufficient.
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January 22, 2025
$1.3B India Telecom Award Can't Be Enforced, Justices Told
A commercial division of India's space agency is urging the U.S. Supreme Court to affirm a Ninth Circuit ruling refusing to enforce a $1.3 billion arbitral award issued to an Indian satellite communications company, arguing that the circuit court's determination of technical jurisdictional issues was correct.
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January 22, 2025
Ga. Tech Says Gov't Hasn't Shown Cybersecurity False Claims
The Georgia Institute of Technology has pushed for dismissal of a False Claims Act suit accusing it of knowingly violating U.S. Department of Defense cybersecurity standards, saying the government hadn't adequately explained how those rules apply to the university.
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January 22, 2025
Sotomayor Halts 2nd Circ. Ruling In Landmark Graft Case
U.S. Supreme Court Justice Sonia Sotomayor halted a decision from the Second Circuit on Wednesday that would have set up a second trial against four men whose convictions were overturned in a landmark 2023 high court ruling in which the justices narrowed certain types of public corruption cases.
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January 22, 2025
Feds Trim Spine-Implant Kickback Case Ahead Of Trial
A Massachusetts federal judge has granted a motion by prosecutors to drop bribery charges against a maker of spinal implant devices and whittle down the case against two of its former executives.
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January 22, 2025
Connell Foley Fights DQ Bid In Investment Firm's Bias Suit
A group of current and former New Jersey state officials blasted a motion to disqualify their counsel at Connell Foley LLP in a discrimination suit from a Black-owned investment firm in New Jersey federal court, calling the move a frivolous and bad faith stalling tactic.
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January 22, 2025
Judge Cans Biden Order Supporting Union Contractors
A U.S. Court of Federal Claims judge has invalidated a 2022 executive order by then-President Joe Biden requiring contractors to work with unions to be considered for federal construction projects over $35 million, saying the mandate "stifles competition."
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January 22, 2025
Trump Defangs Labor Dept.'s Contractor Bias Watchdog
President Donald Trump eliminated on Tuesday a core legal authority from the 1960s that the Office of Federal Contract Compliance Programs used to stop federal contractors from discriminating against workers, part of a broader salvo against diversity, equity and inclusion programs in employment.
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January 21, 2025
What Gov't Contractors Must Know About Trump Exec Actions
President Donald Trump's flood of executive orders following his inauguration included a number of measures targeted at or broadly affecting federal contractors, such as lifting Biden administration antidiscrimination and climate change-related requirements and restarting border wall construction.
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January 21, 2025
Navy, Tetra Tech Strike $97M Deal Over Navy Cleanup Work
The U.S. Navy and a Tetra Tech unit have reached two settlements amounting to $97 million, resolving claims the subsidiary billed the Navy for radiation remediation services at a former Navy shipyard in San Francisco that it did not actually perform.
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January 21, 2025
Colo. City Blocking Fiber Co. For Own Benefit, Suit Says
Colorado's second-biggest city has been denying a fiber internet company access to its utility easements because it doesn't want it competing with the city's own internet service, Metronet claims in a new lawsuit.
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January 21, 2025
Trump Installs New Prisons Chief, Revives Private Facilities
President Donald Trump made sweeping changes to the criminal justice system in his first hours in office, including replacing the Federal Bureau of Prisons director brought in under the Biden administration and ending former President Joe Biden's plan to phase out privately run federal prisons.
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January 21, 2025
CNN Inks Post-Verdict Deal In Contractor's Defamation Suit
CNN settled a defamation lawsuit just hours after a Florida jury awarded $5 million in compensatory damages to a U.S. Navy veteran turned private defense contractor who sued the network for defamation over a report on the evacuation of Afghans in 2021.
Expert Analysis
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How Attorneys Can Break Free From Career Enmeshment
Ambitious attorneys can sometimes experience career enmeshment — when your sense of self-worth becomes unhealthily tangled up in your legal vocation — but taking the time to discover and realign with your core personal values can help you recover your identity, says Janna Koretz at Azimuth Psychological.
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Suspension And Debarment: FY 2024 By The Numbers
The multiyear, downward trend in suspensions and debarments of government contractors continued in fiscal year 2024, largely fueled by a sharp decrease in exclusions of individuals — a welcome development that may indicate recognition that these actions can be more punitive than prophylactic, says David Robbins at Jenner & Block.
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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.