Government Contracts

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • February 14, 2025

    Construction Groups, DOL Want Pause In DBA Rule Fight

    A challenge to the U.S. Department of Labor's final rule updating the math for Davis-Bacon Act prevailing wages needs to be paused while the department's top brass catches up on the litigation, the DOL and the groups suing told a Texas federal court Friday.

  • February 13, 2025

    House Dems Push Against GOP's Proposed Tax Cuts

    House Budget Committee Republicans on Thursday passed a resolution that would allow for the passage of up to $4.5 trillion in tax cuts and the repeal of the Inflation Reduction Act.

Expert Analysis

  • Opinion

    Justices Should Squash Bid To Criminalize Contract Breaches

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    In Kousisis v. U.S., the U.S. Supreme Court should reject the sweeping legal theory that breaches of contract can satisfy the property element of the mail and wire fraud statutes, which, if validated, would criminalize an array of ordinary conduct and violate basic constitutional principles, say attorneys at The Norton Law Firm.

  • What Trump's Next Term May Mean For Biz Immigration

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    Leonard D'Arrigo at Harris Beach discusses the employment-based immigration policies businesses can potentially expect during President-elect Donald Trump’s second term, based on policies enacted during his first administration, statements made during his campaign and proposals in Project 2025.

  • Series

    Circus Arts Make Me A Better Lawyer

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    Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.

  • Opinion

    Weak Reasoning Underlies Fla. Judge's Bold Qui Tam Ruling

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    U.S. District Judge Kathryn Mizelle's groundbreaking decision in U.S. ex rel. Zafirov v. Florida Medical Associates LLC, holding that qui tam provisions of the False Claims Act are unconstitutional, relies on weak logic to reach a conclusion that differs from every other court that has ruled on the issue, says Ethan Greenberg at Anderson Kill.

  • 3 Ways To Train Junior Lawyers In 30 Minutes Or Less

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    Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.

  • Medicare Overpayment Rules Are A Mixed Bag For Providers

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    The Centers for Medicare & Medicaid Services' updated rules for handling agency overpayments adopt a more reasonable definition of what it means to have "identified" an overpayment, which is a win for providers, but their new time frame for investigating related overpayments is unrealistic, says Susan Banks at Holland & Knight.

  • Bid Protest Spotlight: Unclear Criteria, Data Rights, Conflicts

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    Liam Bowers at MoFo examines three recent decisions from the U.S. Government Accountability Office and the U.S. Court of Federal Claims examining the use of unstated evaluation criteria, an agency's investigation of its own data rights and unequal access to information about an organizational conflict of interest.

  • The Bar Needs More Clarity On The Discovery Objection Rule

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    Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.

  • In Terror Case, DC Circ. Must Weigh Justices' Twitter Ruling

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    When the D.C. Circuit hears oral argument in AstraZeneca UK v. Atchley, how the court interprets the U.S. Supreme Court's 2023 ruling in Twitter v. Taamneh will have a significant impact on future claims brought under the Anti-Terrorism Act and Justice Against Sponsors of Terrorism Act, say attorneys at Lewis Baach.

  • Series

    Being A Navy Reservist Makes Me A Better Lawyer

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    Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.

  • Cos. Should Inventory Issues To Prep For New Congress

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    As the legislative and oversight agendas of the 119th Congress come into sharper focus, corporate counsel should assess and plan for areas of potential oversight risk — from tax policy changes to supply chain integrity — even as much uncertainty remains, say attorneys at WilmerHale.

  • Navigating DOJ's Patchwork Whistleblower Regime

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    In the past few months, the U.S. Department of Justice and several individual U.S. attorney’s offices have issued different pilot programs aimed at incentivizing individuals to blow the whistle on misconduct, but this piecemeal approach may create confusion and suboptimal outcomes, say attorneys at BakerHostetler.

  • So You Want To Move Your Law Practice To Canada, Eh?

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    Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.

  • DOD Cybersecurity Rule Will Burden And Benefit Contractors

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    The U.S. Department of Defense’s cybersecurity certification program, finalized in October, will pose tricky and expensive challenges for contractors, given its many requirements and the scarcity of third-party assessors who can provide certification, but companies may ultimately benefit from a narrower pool of competitors, say attorneys at Miles & Stockbridge.

  • 5 Areas Congress May Investigate After GOP Election Wins

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    With Republicans poised to take control of Congress in addition to the executive branch next year, private companies can expect an unprecedented uptick in congressional investigations focused on five key areas, including cryptocurrency and healthcare, say attorneys at Cahill Gordon.

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