Government Contracts

February 04, 2025
9th Circ. Revives FCA Suit Over Military Meds Deliveries

The Ninth Circuit on Tuesday revived a whistleblower lawsuit accusing Express Scripts Inc. of defrauding the U.S. Department of Defense out of billions of dollars in unnecessary medications for military personnel, saying the lawsuit wasn't barred by any public disclosures of the alleged fraud.
February 04, 2025
Turkish Construction Co. Wins OK Of $22M Libya Award

A D.C. federal judge on Tuesday enforced a $21.9 million arbitral award against Libya issued by a Swiss tribunal in a dispute over decades-old unpaid public works contracts, rejecting the country's argument that the case should be stayed during parallel enforcement proceedings in Turkey and Curaçao.
February 04, 2025
Baltimore, Advocacy Orgs. Sue Trump Over Anti-DEI Orders

The city of Baltimore and a coalition of academic and restaurant advocacy groups hit the Trump administration with a suit Monday in Maryland federal court over the president's push to curtail diversity, equity and inclusion programs, saying his executive orders are unlawfully vague and block Congress' constitutional power of the purse.
February 04, 2025
Watchdog Says Site Selection For New FBI Building Flawed

A U.S. General Services Administration watchdog found that the GSA's contentious process for determining the site for a new FBI headquarters involved several flaws that made it difficult for site selection officials to accurately decide between proposed locations.
February 04, 2025
Colo. Hid Problems With Fiber-Optic Install Project, Suit Says

A Colorado telecommunications contractor has sued the state Department of Transportation for allegedly hiding problems with a fiber-optic installation project that delayed completion for two summers, claiming the department has refused to properly compensate it for the hold-ups.
February 04, 2025
Fed. Circ. Says Gov't Properly Ended USCIS Lease After Flood

The Federal Circuit ruled Tuesday that the federal government reasonably terminated a lease for a U.S. Citizenship and Immigration Services field office because of water damage, saying the lease allowed the government to determine when the office was untenantable.
February 04, 2025
5th Circ. Backs Biden's Gov't Contractor Wage Hike

The Fifth Circuit upended on Tuesday a ruling that blocked an executive order increasing the minimum wage for federal contractors to $15 per hour, saying former President Joe Biden acted within his authority when he put forward the regulation because it was intended to promote economy and efficiency.
February 04, 2025
Trump Names Sen. Cruz Aide To Lead NTIA

The White House is nominating Arielle Roth, a top aide to Sen. Ted Cruz, R-Texas, and an outspoken critic of what she called the National Telecommunications and Information Administration's "woke social agenda," to head up the agency.
February 04, 2025
Boeing Supplier Tells 5th Circ. To Ax Texas Biz Records Law

Boeing supplier Spirit AeroSystems Inc. cited U.S. Supreme Court precedent in urging the Fifth Circuit to uphold a lower court finding that a Texas statute requiring businesses to immediately comply with the state's demand to examine business records is facially unconstitutional.
February 04, 2025
Government Contracts Group Of The Year: Bradley Arant

Bradley Arant Boult Cummings LLP's efforts leading a complicated multiparty dispute over a $60.7 billion U.S. Department of Veterans Affairs contract have earned the firm a spot as one of the 2024 Law360 Government Contracts Groups of the Year.
February 03, 2025
DOJ Poised To Prosecute Threat-Makers Against DOGE

A federal prosecutor appointed by President Donald Trump offered Elon Musk his office's support to "protect" the work of the newly created Department of Government Efficiency headed by the billionaire businessman, including "legal action against anyone who impedes your work or threatens your people."
February 03, 2025
Allergan Tells 4th Circ. Medicaid Pricing Suit Rightly Tossed

Allergan told the Fourth Circuit that a district court judge was right to dismiss a whistleblower's claims that its predecessor overcharged Medicaid by not aggregating discounts, saying the Medicaid Rebate Statute doesn't require it to do so.
February 03, 2025
Army Corps Can't Prove $4M Contractor Negligence Claim

The Armed Services Board of Contract Appeals has sustained an engineering contractor's appeal over a $4.2 million claim by the U.S. Army Corps of Engineers, saying the Corps hadn't shown negligence in an allegedly faulty dam drain design.
February 03, 2025
Faulty LA County Wildfire Alerts Probed By Congress

A group of U.S. House of Representatives members from Los Angeles County launched an investigation Monday into false-alarm evacuation warnings accidentally sent to nearly 10 million people during last month's deadly wildfires, saying the incident "raises serious questions" about the Federal Emergency Management Agency's mobile alert system.
February 03, 2025
DC Circ. Rejects Newman's Bid To Unseal Suspension Docs

The D.C. Circuit on Monday denied U.S. Circuit Judge Pauline Newman's request to unseal documents about her suspension for refusing to participate in an investigation into her fitness, saying such documents are confidential unless both the judge under investigation and the chief judge agree to release them.
February 03, 2025
Sotomayor Clears Path For Retrial In Landmark Graft Case

U.S. Supreme Court Justice Sonia Sotomayor lifted a temporary pause Monday on a public corruption case that resulted in a landmark 2023 decision eliminating the right-to-control theory of fraud, clearing the way for a retrial on a traditional theory of property fraud.
February 03, 2025
DC Judge Joins RI In Blocking Trump Funding Freeze

A D.C. federal judge on Monday temporarily blocked the Trump administration from implementing a freeze on federal spending while a group of nonprofits sue over the move, ruling the pause appears to "suffer from infirmities of a constitutional magnitude."
February 03, 2025
Calif. City On The Hook In Contractor Wage Fight, Panel Says

The city of Long Beach, California, could be required to foot the bill for arbitration awards rendered against an oil company subcontractor in workers' wage lawsuits, a state appellate panel ruled, saying an arbitration decision holds as much weight as any other court order and can trigger liability for indemnity.
January 31, 2025
Funding Freezes 'Commonplace,' Feds Tell DC Judge

The Trump administration is asking a D.C. federal judge to throw out a lawsuit challenging a freeze on federal spending outlined in a since-rescinded memo from the White House budget office, telling the court that the withdrawal moots the litigation.
January 31, 2025
Trump's Funding Moves Create Heartburn For Energy Cos.

The Trump administration's about-face on a federal funding freeze hasn't assuaged energy companies' fears that grants and loans they've been awarded may be in jeopardy, presenting legal and practical risks for projects counting on government cash.
January 31, 2025
Trump Ties DOT Funds To Immigration And Other Dictates

The Trump administration's Department of Transportation says it's not going to provide federal assistance to any states that don't comply with its efforts to deport as many people as possible or those that have vaccine or mask mandates.
January 31, 2025
Top Bribe-Taker In NYC Housing Corruption Bust Gets 4 Years

A Manhattan federal judge hit a former New York City public housing superintendent with a four-year prison term Friday, after he admitted taking $329,000 in bribes — the largest amount among 70 city workers caught up in a large-scale anti-corruption takedown.
January 31, 2025
9th Circ. Affirms Aerospace Co. Code Meets Fair Use Standard

Aerospace contractor Astronics has convinced Ninth Circuit judges that the code used in its replacement parts is covered by the same fair use protections created by the U.S. Supreme Court's Google v. Oracle decision.
January 31, 2025
India Gets Reprieve In $112M Telecom Award Suit

An Australian appeals court ruled Friday that India can't be held liable for a $112 million arbitral award in a dispute over a terminated deal to deliver communications services, citing a carveout that grants it sovereign immunity in the dispute.
January 31, 2025
Texas Justices Won't Shut Down Court Reporter's AI Case

A Texas court reporter will be permitted to continue pursuing an administrative complaint against an artificial intelligence-powered "digital reporting firm," after the administrative agency in charge of court stenography in Texas lost its bid for the state's high court to end the case on Friday.

Editor's Picks

The Latest On Escobar's FCA Impact

Federal courts across the country are handing down important rulings interpreting the U.S. Supreme Court’s landmark decision on False Claims Act liability in Universal Health Services v. Escobar. As the rulings keep pouring in, stay up to speed on Law360’s latest coverage and analysis of Escobar’s impact.

Expert Analysis

Imagine The Possibilities Of Openly Autistic Lawyering

Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.