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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THURSDAY, JANUARY 23, 2025 Law360 iOS App Law360 Android App Follow Law360 on Facebook Follow Law360 on LinkedIn Follow Law360 on Twitter

TOP NEWS

Judge Cans Biden Order Supporting Union Contractors

By Emily Brill

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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Trump Defangs Labor Dept.'s Contractor Bias Watchdog

By Vin Gurrieri

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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Ga. Tech Says Gov't Hasn't Shown Cybersecurity False Claims

By Daniel Wilson

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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Vanda Loses Takings Clause Arguments In Trade Secret Fight

By Adam Lidgett

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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ENFORCEMENT

Feds Trim Spine-Implant Kickback Case Ahead Of Trial

By Julie Manganis

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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'Unicorn Prosecution' Could Upend Legal Practice, Court Told

By George Woolston

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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LITIGATION

$1.3B India Telecom Award Can't Be Enforced, Justices Told

By Caroline Simson

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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Connell Foley Fights DQ Bid In Investment Firm's Bias Suit

By Jake Maher

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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Brief

Sotomayor Halts 2nd Circ. Ruling In Landmark Graft Case

By Elliot Weld

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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ADMINISTRATIVE DISPUTES

GAO Says Army Corps Reasonably Rejected Contractor's Bid

By Madeline Lyskawa

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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EXPERT ANALYSIS

5 Litigation Funding Trends To Note In 2025

Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.

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LEGAL INDUSTRY

The 2025 In-House Counsel Satisfaction Survey

Law360 Pulse asked in-house counsel about their jobs, workplace and career prospects. Find out how satisfied corporate lawyers are with their schedules, hours, work-life balance, opportunities for advancement and more.

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BigLaw Firms Report Record Lobbying Revenues For 2024

By Alison Knezevich

Several BigLaw firms pulled in record federal lobbying revenues in 2024, and now the change at the White House and in Congress has lobbyists gearing up for another busy year.

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Chutkan Says Trump's Pardon Can't 'Whitewash' Jan. 6 Terror

By Lauren Berg

President Donald Trump's pardon of defendants accused of participating in the Jan. 6, 2021, attack on the U.S. Capitol "cannot whitewash the blood, feces and terror that the mob left in its wake," U.S. District Judge Tanya S. Chutkan wrote Wednesday in an order dismissing one such case.

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Ex-Solicitor General Prelogar Joins Harvard Law

By Katie Buehler and Jeff Overley

Former U.S. Solicitor General Elizabeth B. Prelogar, acclaimed for her oral advocacy in the U.S. Supreme Court's biggest cases during the Biden administration, has temporarily joined Harvard Law School, where she will teach a class called "Changing Paradigms in the Supreme Court," Law360 confirmed Wednesday.

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DOJ Aims To Prosecute Local Officials Who Impede Removals

By Britain Eakin

The U.S. Department of Justice instructed its staff to investigate and take enforcement actions against state and local officials who interfere with the Trump administration's plans to deport unlawfully present immigrants, according to an internal agency memo.

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Kirkland Adds 5 Skadden Attys As Firm Plans Philly Launch

By James Boyle

National law firm Kirkland & Ellis LLP has announced plans for a new Philadelphia office to be helmed by a civil litigator who is one of five attorneys moving their practices to the firm from Skadden Arps Slate Meagher & Flom LLP.

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Blake Lively, Ryan Reynolds Slam Baldoni Atty's 'Media Blitz'

By Rachel Scharf

Counsel for celebrity couple Blake Lively and Ryan Reynolds told a New York federal judge that Justin Baldoni's attorney from Liner Freedman Taitelman & Cooley LLP has violated ethical rules with an "all-out media blitz" during their thorny litigation over the movie "It Ends With Us."

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Kentucky, New Mexico Federal Judges To Take Senior Status

By Lynn LaRowe

Chief U.S. District Judge Danny C. Reeves of the Eastern District of Kentucky and U.S. District Judge James O. Browning of the District of New Mexico announced this week that they are taking senior status over roughly the next year.

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Case Removal Rules Aimed At Fairness, Ex-Atty Tells 5th Circ.

By Catherine Marfin

Several Fifth Circuit judges seemed keen Wednesday to clarify what activity in state court would bar litigants from removing their cases to federal court, as the full appeals court reconsidered a remand order for a Houston firm's poaching suit.

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Committee's Trump Probe Subpoenas Are Moot, Willis Says

By Emily Johnson

Fulton County District Attorney Fani Willis has urged a Georgia state court to quash a bid to enforce subpoenas from a state Senate committee investigating her handling of the prosecution of President Donald Trump, arguing the subpoenas are moot because "the old special committee no longer exists."

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LAW FIRMS IN TODAY'S NEWS

Abraham Watkins

Advisors LLC

Akin Gump

Archer & Greiner

Armbrust & Brown

Baker Botts

Brown & Connery

Brown Rudnick

Brownstein Hyatt

Bruner Powell

Chiesa Shahinian

Clement & Murphy

Connell Foley

Cooley LLP

Critchley Kinum

Dechert LLP

Dentons

Fick & Marx

Fox Rothschild

Gibbons PC

Gibson Dunn

Greenebaum Doll & McDonald PLLC

Hogan Lovells

Holland & Knight

Jones Day

K&L Gates

Kellogg Hansen

Kilpatrick Townsend

Kirkland & Ellis

Krovatin Nau

Latham & Watkins

Law Offices of Paul Whitfield

Liner Freedman

Lipsitz Green

Manatt Phelps

Marino Tortorella

Martin Disiere

McDermott Will & Emery

McNaul Ebel

Meister Seelig & Fein

O'Melveny & Myers

Parker McCay

PilieroMazza

Pollack Solomon

Quinn Emanuel

Robbins Alloy

Robinson Miller

Shapiro Arato

Sidley Austin

Skadden Arps

Smith Currie

Squire Patton

Steptoe LLP

Weil Gotshal

Williams & Connolly

Willkie Farr

WilmerHale

COMPANIES IN TODAY'S NEWS

Amazon.com Inc.

Ares Management Corp.

BlackRock Inc.

CDI Corporation

Cincinnati/Northern Kentucky International Airport

Cliffwater LLC

Environmental Chemical Corp.

GLS Capital LLC

Greater Richmond Transit Co.

Harper Construction Co. Inc.

Hensel Phelps Construction

Johnson & Johnson

Liberty Mutual Insurance Group

Omni Bridgeway Ltd.

The Michaels Organization

The New York Times Co.

The State University of New York

TikTok Inc.

University of Virginia

Vanda Pharmaceuticals Inc.

Vanity Fair

Westfleet Advisors LLC

Wolters Kluwer

GOVERNMENT AGENCIES IN TODAY'S NEWS

Bureau of Alcohol Tobacco Firearms and Explosives

Centers for Medicare & Medicaid Services

Federal Acquisition Regulatory Council

Federal Bureau of Investigation

Federal Judicial Center

Federal Trade Commission

Food and Drug Administration

Naval Facilities Engineering Systems Command

New Jersey Attorney General's Office

New Jersey Court

New Jersey Supreme Court

Office of Federal Contract Compliance Programs

Superior Court of Fulton County

U.S. Army Corps of Engineers

U.S. Attorney's Office

U.S. Attorney's Office for the District of Massachusetts

U.S. Attorney's Office for the Northern District of Georgia

U.S. Court of Appeals for the Fifth Circuit

U.S. Department of Defense

U.S. Department of Education

U.S. Department of Health and Human Services

U.S. Department of Homeland Security

U.S. Department of Justice

U.S. Department of Labor

U.S. District & Bankruptcy Courts of Southern District of Texas

U.S. District Court for the District of Columbia

U.S. District Court for the District of Massachusetts

U.S. District Court for the District of New Jersey

U.S. District Court for the District of New Mexico

U.S. District Court for the Eastern District of Kentucky

U.S. District Court for the Northern District of Georgia

U.S. District Court for the Southern District of New York

U.S. Drug Enforcement Administration

U.S. General Services Administration

U.S. Government Accountability Office

U.S. Office of Personnel Management

U.S. Senate

U.S. Supreme Court

US Office of Management and Budget