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Government Contracts
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June 29, 2022
Rising Star: Wiley's Gary S. Ward
Wiley Rein LLP partner Gary S. Ward has always found ways to think outside the box, whether it be in litigating high-cost bid protests, working on cases outside the field of government contracts, or developing a software tool to track information from the U.S. Government Accountability Office, earning him a spot among the government contract attorneys under age 40 honored by Law360 as Rising Stars.
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June 28, 2022
Flint Jury To Hear From Ex-Gov. After Court Quashes Charges
A Flint jury will hear recorded testimony from former Michigan Gov. Rick Snyder on Wednesday in a civil trial over the Flint water crisis, following the Michigan Supreme Court overturning indictments against three state officials Tuesday.
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June 28, 2022
China Accused Of Influence Campaign Targeting Mining Cos.
Chinese state actors posed as local residents in Texas and Oklahoma as part of an unsuccessful influence campaign targeting rare-earths mining giants that compete with Chinese companies, the cybersecurity firm Mandiant said Tuesday.
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June 28, 2022
Veteran Opposes 3M's Gov't Contract Defense In Earplug Suit
A U.S. Army veteran who won $1.7 million over hearing loss attributed to 3M earplugs hit back at the company's attempt to revive the dispute, telling the Eleventh Circuit that a lower court correctly shut down its bid to claim immunity as a government contractor.
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June 28, 2022
11th Circ. Upholds VA's Defeat Of Doctor's Age Bias Suit
The Eleventh Circuit said Tuesday it won't reopen a doctor's suit alleging that he didn't receive a position with the U.S. Department of Veterans Affairs because of his age, gender and prior employment dispute, ruling he hadn't demonstrated these factors played a part in the VA's decision.
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June 28, 2022
Constangy Opens NJ Office With Top FordHarrison Atty
Employment law firm Constangy Brooks Smith & Prophete LLP is expanding its East Coast presence by opening its second New Jersey office and bringing on former FordHarrison LLP partner Salvador Simao to oversee it.
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June 28, 2022
Rising Star: Pillsbury's Matt Carter
Pillsbury Winthrop Shaw Pittman LLP's Matt Carter helped successfully defend a challenge to a billion-dollar lease award for a new U.S. Securities and Exchange Commission headquarters, convinced the U.S. Court of Federal Claims to order the Air Force to revisit a contractor's proposal, and filed a successful protest from a contractor requiring the Air Force to reconsider its proposal, earning him a spot among the government contract attorneys under age 40 honored as Law360 Rising Stars.
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June 28, 2022
Biden's Pick To Lead ICE Pulls Long-Pending Nomination
The Texas sheriff whom President Joe Biden tapped to lead U.S. Immigration and Customs Enforcement has withdrawn his nomination after a 14-month standoff in the U.S. Senate, continuing ICE's five-year streak without a Senate-confirmed director.
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June 28, 2022
Feds Drop Haitian Bribe Case After Discovering New Evidence
Federal prosecutors in Boston dropped a Foreign Corrupt Practices Act case against a former U.S. Army colonel and a lawyer just days before they were set to be tried for a second time, after the FBI unearthed text messages suggesting the two were innocent.
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June 27, 2022
7th Circ. Won't Let Red States Step Into Public Charge Fight
The Seventh Circuit on Monday refused to allow a group of Republican-led states to intervene in a dispute over a Trump-era public charge rule that the Biden administration has already begun redrafting.
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June 27, 2022
LA Developer Convicted In City Council Bribery Scheme
A California federal jury convicted a Los Angeles real estate developer Monday of giving $500,000 in bribes to former city councilor Jose Huizar in exchange for getting a nonprofit's challenge to the development project dropped.
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June 27, 2022
3rd Circ. Urged To Allow Ammo Maker's Tort Claims
Ammunitions broker Battle Born Munitions Inc. asked the Third Circuit to overturn a lower court's finding that it can't bring tort claims against its vendor Dick's Sporting Goods Inc., saying that Dick's knew it would not accept delivery of store-branded bullets when it said it would.
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June 27, 2022
Toshiba Defends $500M Hydro Plant Work In Bid To Duck Suit
Toshiba Corp. wants to avoid a suit claiming it turned over shoddy work and missed deadlines overhauling a hydroelectric plant, arguing the work was fine and the allegations fall outside the bounds of the $500 million contract.
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June 27, 2022
Texas Improperly Planned $5.6B Highway Project, Groups Say
A trio of advocacy groups are claiming Texas transportation officials improperly divided a plan to overhaul sections of Interstate 35 into three standalone portions to avoid a full review of the roughly $5.6 billion project's environmental impacts.
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June 27, 2022
Rising Star: MoFo's Locke Bell
Morrison Foerster LLP's Locke Bell helped shepherd Salesforce's $27.7 billion purchase of Slack and aided Northrop Grumman Innovation Systems' successful defense of prototype launcher deals contested by SpaceX, landing him a spot among the government contract attorneys under age 40 honored as Law360 Rising Stars.
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June 24, 2022
Abortion Questions Swirl Over Health Attys In Post-Roe World
Lawyers for the health care industry's myriad participants — hospitals, pharmacies, telemedicine platforms, investors and more — are fielding countless queries about ethical duties to patients and a minefield of legal risks after the U.S. Supreme Court erased the constitutional right to abortion and allowed states to criminalize the procedure.
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June 24, 2022
Feds Urge Jury To Convict Developer Of Bribing LA Pol Huizar
Real estate developer Dae Yong Lee intended to bribe then-Los Angeles City Councilmember Jose Huizar for help overcoming challenges to a downtown project, federal prosecutors told a California jury during closing arguments Friday, while Lee's attorney maintained his client sincerely believed the $500,000 went toward a legitimate consulting fee.
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June 24, 2022
Mortgage Lender Seeks Win In FHA Whistleblower Fraud Suit
A mortgage lender asked a California federal court to award it a win in a whistleblower suit accusing the company of writing unqualified Federal Housing Administration loans to boost profits, arguing that the whistleblower hasn't shown any fraudulent activity.
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June 24, 2022
T-Mobile Fights Pa. Cell Tower Eviction Over Electricity Bill
A T-Mobile cell tower operator has leveled claims against the Housing Authority of the City of Pittsburgh in Pennsylvania state court, alleging the city authority wrongfully sought to cut a 30-year lease short, evict the operator and assume control of the cell tower.
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June 24, 2022
Feds Say Contractors Duped US Out Of $7M With Sham Bids
A military contractor and three individuals are accused of conning the government out of more than $7 million through an elaborate scheme involving bogus quotes from competitors that ensured theirs was the lowest bid, federal prosecutors in Georgia said Thursday.
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June 24, 2022
Rising Star: Blank Rome's Elizabeth Jochum
Blank Rome LLP partner Elizabeth Jochum's work to successfully defend Riva Solutions' position on an unusual $2 billion information technology contract, fending off protests in the process, has earned her a position among the government contracts attorneys under 40 honored as a Law360 Rising Star.
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June 24, 2022
Supreme Court Overturns Roe v. Wade
The U.S. Supreme Court on Friday upheld a Mississippi abortion ban and overturned the constitutional abortion right established nearly 50 years ago in Roe v. Wade, setting the stage for a widespread rollback of abortion rights in many statehouses around the country.
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June 24, 2022
Texas Justices Say High-Speed Rail Can Use Eminent Domain
A sharply divided Texas Supreme Court ruled Friday that developers of a proposed high-speed rail line connecting Dallas and Houston have eminent domain authority, greenlighting the controversial project in a decision one dissenting justice calls a "devastating erosion" of landowner property rights in the state.
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June 24, 2022
UK Signals OK For Cobham's £2.6B Defense Co. Takeover
The British government has signaled its approval of the planned £2.57 billion ($3.16 billion) acquisition of defense manufacturer Ultra Electronics by Cobham, a private equity-backed technology company.
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June 23, 2022
Feds Let Flipped Witness Keep Dirty Cash Tax-Free, Jury Told
An appraiser testifying against a real estate developer on trial for paying bribes to Los Angeles City Council member José Huizar conceded under cross-examination Thursday that after he agreed to assist the FBI and cooperate with prosecutors, the government allowed him to keep $340,000 he obtained facilitating bribes, tax-free.
Editor's Picks
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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
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Texas Infrastructure Act And Renewables Projects: 1 Year In
A year into implementation of Texas' Lone Star Infrastructure Protection Act, Jennifer Pier at Husch Blackwell discusses how renewable energy project developers, owners and investors planning projects in Texas can incorporate LIPA-related provisions into transaction and financing documents.
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What's At Stake In Justices' FCA Qui Tam Dismissal Review
The Supreme Court's decision next term in U.S. v. Executive Health Resources could hold that the government cannot dismiss a qui tam action in which it initially declined intervention, which would mean the government must expend more resources vetting False Claims Act cases and give relators free rein as prosecutors of their cases, say attorneys at Ropes & Gray.
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Opinion
Justices Should Resolve FCA Cases' Rule 9(b) Circuit Split
The U.S. Supreme Court should agree to hear three related False Claims Act cases and resolve the circuit split over the level of detail Rule 9(b) requires in qui tam complaints, or the viability of such actions will increasingly depend on where they are filed, say Kenneth Abell and Katherine Kulkarni at Abell Eskew.
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Opinion
Now's The Time To Address Archaic Law School Curricula
With law school enrollments jumping significantly ahead of a potential recession and more students graduating than the market can absorb, law schools should turn to creative solutions to teach students how to negotiate, work with clients, specialize and use technology to practice their craft more efficiently, says University of Colorado adjunct professor Jason Mendelson.
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Lessons From Lawyer Fee-Sharing Agreements Gone Wrong
The recent fee-sharing dispute between Edelson and Girardi Keese is a reminder that lawyers who do not strictly follow the applicable rules may risk a disciplinary complaint, lose their share of the fee, or wind up in costly litigation with co-counsel, says David Grossbaum at Hinshaw.
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LeClairRyan Bankruptcy Highlights Pass-Through Tax Issue
A Virginia bankruptcy court's recent ruling in the case of defunct law firm LeClairRyan shows there may be serious tax consequences for pass-through entity partners who give up their ownership interest without following operating agreement exit provisions and updating bankruptcy court filings, say Edward Schnitzer and Hannah Travaglini at Montgomery McCracken.
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Potential Next Steps For DOJ's COVID-19 Fraud Enforcement
Although the U.S. Department of Justice's COVID-19 fraud enforcement has so far focused on individuals and entities blatantly abusing pandemic assistance funds, health care and life sciences companies should assess their compliance programs as the DOJ will likely turn to larger-dollar activity at the organization level soon, say attorneys at Morgan Lewis.
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8 Steps To Creating A Legal Ops Technology Road Map
Legal departments struggling to find and implement the right technologies for their operations should consider creating a road map that summarizes their approach to technology changes, provides clearly defined metrics for success, and serves as the single source of truth for stakeholders, says Melanie Shafer at SimpleLegal.
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The Importance Of Data And Data Analysis In Litigation
Understanding, analyzing and effectively presenting large data sets is an increasingly important skill in litigation as it allows plaintiffs to dramatically scale up the scope of cases and is often critical to defeating motions to dismiss and motions for summary judgment, says David Burnett at Motley Rice.
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How Cos. Can Track Infrastructure Act Projects — And Funds
As federal funds from the Infrastructure Investment and Jobs Act begin to flow to thousands of infrastructure projects across the nation, savvy contractors can determine which types of funded projects are likely to offer the best opportunities, and then follow the flow of federal money into those projects, says Nena Lenz at Fredrikson & Byron.
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Steps Companies Can Take To Mitigate Privilege Labeling Risk
Although Google prevailed on a recent privilege labeling sanctions motion, an important takeaway from the decision is that companies should assess their in-house procedures and employee training programs regarding privileged communications to mitigate risks of the potential appearance of bad faith privilege claims, say Gareth Evans at Redgrave and e-discovery attorney James Hertsch.
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Health Cos. Can Challenge Medicare Advantage Org Delays
In light of a recent U.S. Department of Health and Human Services' report highlighting questionable tactics deployed by Medicare Advantage organizations, there are steps health care providers can take to challenge MAO practices while regulatory and legislative reform efforts are underway, say Maureen Weaver and Megan George at Wiggin and Dana.
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What Litigation Funding Disclosure In Delaware May Look Like
A standing order issued by Delaware's chief federal judge requiring litigants to disclose whether their cases or defenses are being financed by third parties is unlikely to have onerous effects but may raise questions regarding potential conflicts of interest and access to justice, say Cayse Llorens and Matthew Oxman at LexShares.
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Bid Protest Spotlight: Errors, Subcontractors, Bundling
In this month's bid protest roundup, Alissandra McCann at MoFo looks at three rulings against protesters that offer reminders on the high cost of clerical errors in proposals, limitations on protest grounds arising from subcontractor reliance, and bundling provisions in the Small Business Act that sometimes provide pre-award protest grounds.
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How In-House Legal Leaders Can Drive Corporate Growth
Today, more executives are seeking legal leaders who are strategic, adaptable thinkers, making it essential that in-house counsel get out of their comfort zone of legal advice and take several steps to contribute toward revenue growth and raise their profile, says Tim Parilla at LinkSquares.