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Government Contracts
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October 02, 2025
Feds Eye Partial Pretrial Ruling In Regeneron FCA Case
The government has urged a Massachusetts federal judge to rule that Regeneron Pharmaceuticals "naturally or foreseeably" caused providers to present false claims for its macular degeneration drug Eylea, arguing that it does not need to prove the tougher "but-for causation" standard for its theory of false certification.
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October 02, 2025
Gov't Shutdown Halts Fed. Circ. Response In Newman Case
The Federal Circuit has asked the D.C. Circuit for permission to extend a deadline to respond to U.S. Circuit Judge Pauline Newman's petition for an en banc rehearing to reconsider her suspension, citing the ongoing government shutdown.
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October 02, 2025
Experts Flag Rare Cooperation Level In Conn. Corruption Case
Former Connecticut state budget official Konstantinos Diamantis faces jury selection Friday for charges of soliciting and accepting bribes connected to school construction projects, plus likely testimony from three construction company leaders who swiftly signaled their cooperation with the government in a manner some local experts found unique.
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October 02, 2025
Contractor Asks Justices To Ignore Feds' Stance On Iraq Case
A defense contractor fighting the dismissal of its $120 million judgment against Iraq told the Supreme Court the U.S. government's request to let the ruling stand fails to justify a denial of its petition seeking clarity on the Foreign Sovereign Immunities Act.
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October 01, 2025
Ga. High Court Says State Can Kill Right Of Way Contracts
Georgia can cancel right of way contracts with broadband providers any time it wants — and so can the broadband providers, the Supreme Court of Georgia has ruled in a decision hearkening back to a century-old precedent that says contracts with no end date can be canceled whenever.
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October 01, 2025
Contractors Must Record Shutdown-Related Losses, Attys Say
Government contractors risk losing money due to the shutdown in Washington, D.C., and experts told Law360 that contractors must be diligent about documenting the costs they incur for project delays, stop-work orders and other interruptions to their work.
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October 01, 2025
Biz Groups Say They Can Be Amici In 4th Circ. Pollution Suit
The U.S. Chamber of Commerce and the American Chemistry Council on Wednesday told the Fourth Circuit they should be allowed to file an amicus brief on behalf of Chemours in a row over PFAS contamination in the Ohio River, saying that there is nothing barring an association from filing in cases where its members are parties.
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October 01, 2025
EPA Seeks Dismissal Of Flint Bellwethers, Says It's Not Liable
The U.S. Environmental Protection Agency has defended its timing of using its authority to issue a Safe Drinking Water Act order regarding lead in the city of Flint's water, urging a Michigan federal judge to dismiss claims from bellwether plaintiffs who alleged the agency was negligent in its response to the crisis.
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October 01, 2025
4th Circ. Won't Rehear Consultancy's $5M SBA Loan Suit
The Fourth Circuit declined to reconsider a global consultancy and risk management company's lawsuit against the U.S. Small Business Administration in which the consultant argued its $5 million loan was eligible for COVID-19 debt relief.
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October 01, 2025
E-Verify System Goes Down As Gov't Shutdown Takes Hold
The federal E-Verify system that employers use to check people's eligibility to work in the U.S. went down Wednesday morning as a result of the government shutdown, while federal immigration courts are anticipated to keep operating.
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September 30, 2025
US Worker Unions Slam 'Unlawful' Shutdown Firing Threats
The American Federation of Government Employees and the American Federation of State, County and Municipal Employees sued Tuesday over the Trump administration's threats to fire federal workers in the event of a government shutdown, arguing that the threats stray from historic practice and violate the law.
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September 30, 2025
Defense Unit's Contract Termination OK'd For Late Products
The Defense Logistics Agency was reasonable in terminating a Virginia business's contract after it failed to deliver promised vehicle tow bars on time, even if the agency accepted some tow bars after a deadline, the Armed Services Board of Contract Appeals said.
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September 30, 2025
NY Court Ends $2.5M Bid In West Point Project Fight
A New York federal judge on Tuesday rejected a subcontractor's attempt to recover $2.5 million for construction work on a West Point Military Academy renovation, finding the company's claims are barred under state law because it never submitted written notices of dispute.
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September 30, 2025
ICE Bond Denials Violate Immigration Law, Wash. Judge Finds
A Washington federal judge held on Tuesday that U.S. Immigration and Customs Enforcement's policy of denying bond hearings to certain detainees goes against the Immigration and Nationality Act, echoing the reasoning of other district courts that have made the same determination.
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September 30, 2025
Judge Tosses Protest Of CBP Aircraft Support Solicitation
A Court of Federal Claims judge has ruled that an Alabama business aiming for a U.S. Customs and Border Protection aircraft support services deal can't challenge an early agency evaluation when it's still in the running for a possible award.
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September 30, 2025
Ga. Tech To Pay $875K To Resolve Cybersecurity FCA Suit
A research arm of the Georgia Institute of Technology has agreed to pay $875,000 to end a whistleblower suit alleging the organization knowingly failed to comply with government cybersecurity standards while working on defense contracts, the Department of Justice said Tuesday.
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September 30, 2025
Ga. Residents Win Partial Class Cert. On Past PFAS Damages
A Georgia federal judge granted partial class certification to 4,500 Peach State residents whose water was allegedly polluted with forever chemicals, allowing them to seek damages for past water hikes that went to remediation, while shooting down an "entirely speculative" bid to cover expected future costs.
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September 30, 2025
Michigan Judge Rules Tribe's ERISA Claims Filed Too Late
A Michigan federal judge on Monday said a Native American tribe waited too long to bring claims alleging Blue Cross Blue Shield of Michigan didn't seek lower rates for plan members, finding the tribe knew the insurer could not have negotiated lower rates when it entered into an administrative service contract.
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September 30, 2025
FCA Suit Tainted By Expert's AI 'Hallucination' Gets Dismissed
A False Claims Act suit rocked by allegations of AI-generated hallucinations in an expert's report ended Tuesday after the federal government joined the case and quickly urged a Utah federal judge to throw it out.
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September 30, 2025
GOP Sens. Push OMB To Release Federal Watchdog Funds
The top Republicans on the Senate Appropriations and Judiciary committees are trying to prevent the White House from effectively shuttering the independent agency for federal watchdogs.
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September 30, 2025
Boeing, Rolls-Royce Get Suit Over Osprey Crash Trimmed
A California federal judge has trimmed fraudulent misrepresentation and breach of contract claims out of a suit from the families of five U.S. Marines who died in the June 2022 crash of a V-22 Osprey aircraft, saying the complaint fails to meet pleading standards on those counts.
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September 29, 2025
DHS Can't Tie FEMA Funds To Immigration Agenda, AGs Say
A dozen state attorneys general sued the Department of Homeland Security in Rhode Island federal court on Monday, accusing it of holding emergency response funding hostage unless they help enforce federal immigration laws, despite a recent court order blocking the department's attempts to condition funds on such assistance.
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September 29, 2025
Mass Voice Of America Layoffs Blocked, Again
A D.C. federal judge on Monday blocked the planned termination of more than 500 U.S. Agency for Global Media employees, saying the layoffs would jeopardize the Trump administration's ability to comply with an April injunction ordering the government to fully restore Voice of America programming.
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September 29, 2025
FAR Council Releases Updated Small Biz Regulations
The Trump administration released an updated version of the Federal Acquisition Regulation Part 19, preserving the rule of two for contracts, while removing re-representation requirements for small businesses when responding to orders under multiple-award contracts.
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September 29, 2025
DOD Releases Contingency Plan For Gov't Shutdown
The U.S. Department of Defense released guidance for continuing operations in case of a government shutdown, explaining that defense contractors performing work on a contract awarded prior to the expiration of appropriations can continue to provide services.
Expert Analysis
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Patent Ambiguity Persists After Justices Nix Eligibility Appeal
The Supreme Court recently declined to revisit the contentious framework governing patent eligibility by denying certiorari in Audio Evolution Diagnostics v. U.S., suggesting a necessary recalibration of both patent application and litigation strategies, say attorneys at Skadden.
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Series
Playing Soccer Makes Me A Better Lawyer
Soccer has become a key contributor to how I approach my work, and the lessons I’ve learned on the pitch about leadership, adaptability, resilience and communication make me better at what I do every day in my legal career, says Whitney O’Byrne at MoFo.
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How Trump Cybersecurity EO Narrows Biden-Era Standards
President Donald Trump recently signed Executive Order No. 14306, which significantly narrows the scope and ambition of a Biden executive order focused on raising federal cybersecurity standards among federal vendors, say attorneys at Jenner & Block.
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DOJ-HHS Collab Crystallizes Focus On Health Enforcement
The recently announced partnership between the U.S. Department of Justice and U.S. Department of Health and Human Services to combat False Claims Act violations, following a multiyear trend of high-dollar DOJ recoveries, signals a long-term enforcement horizon with major implications for healthcare entities and whistleblowers, say attorneys at RJO.
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Series
Law School's Missed Lessons: Learning From Failure
While law school often focuses on the importance of precision, correctness and perfection, mistakes are inevitable in real-world practice — but failure is not the opposite of progress, and real talent comes from the ability to recover, rethink and reshape, says Brooke Pauley at Tucker Ellis.
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Series
Adapting To Private Practice: From ATF Director To BigLaw
As a two-time boomerang partner, returning to BigLaw after stints as a U.S. attorney and the director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, people ask me how I know when to move on, but there’s no single answer — just clearly set your priorities, says Steven Dettelbach at BakerHostetler.
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4 In-Flux Employment Law Issues Banks Should Note
Attorneys at Ogletree provide a midyear update on employment law changes that could significantly affect banks and other financial service institutions — including federal diversity equity and inclusion updates, and new and developing state and local artificial intelligence laws.
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New DOJ Penalty Policy Could Spell Trouble For Cos.
In light of the U.S. Department of Justice’s recently published guidance making victim relief a core condition of coordinated resolution crediting, companies facing parallel investigations must carefully calibrate their negotiation strategies to minimize the risk of duplicative penalties, say attorneys at Debevoise.
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A Look At Key 5th Circ. White Collar Rulings So Far This Year
In the first half of 2025, the Fifth Circuit has decided numerous cases of particular import to white collar practitioners, which collectively underscore the critical importance of meticulous recordbuilding, procedural compliance and strategic litigation choices at every stage of a case, says Joe Magliolo at Jackson Walker.
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Contract Disputes Recap: Privity, Pressure, Procedural Traps
Three recent decisions from the Civilian Board of Contract Appeals, the Federal Circuit and the U.S. Court of Federal Claims offer fresh lessons for contractors navigating the procedural edge of Contract Disputes Act litigation, says Zachary Jacobson at Seyfarth.
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Series
Playing Baseball Makes Me A Better Lawyer
Playing baseball in college, and now Wiffle ball in a local league, has taught me that teamwork, mental endurance and emotional intelligence are not only important to success in the sport, but also to success as a trial attorney, says Kevan Dorsey at Swift Currie.
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Managing Risks As State AGs Seek To Fill Enforcement Gap
Given an unprecedented surge in state attorney general activity resulting from significant shifts in federal enforcement priorities, companies must consider tailored strategies for navigating the ever-evolving risk landscape, say attorneys at Cozen O'Connor.
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Series
Law School's Missed Lessons: Skillful Persuasion
In many ways, law school teaches us how to argue, but when the ultimate goal is to get your client what they want, being persuasive through preparation and humility is the more likely key to success, says Michael Friedland at Friedland Cianfrani.
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FCA Working Group Reboot Signals EHR Compliance Risk
The revival of the False Claims Act working group is an aggressive expansion of enforcement efforts by the Justice Department and the U.S. Department of Health and Human Services targeted toward technology-enabled fraud involving electronic health records and other data, say attorneys at ArentFox Schiff.
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Litigation Inspiration: How To Respond After A Loss
Every litigator loses a case now and then, and the sting of that loss can become a medicine that strengthens or a poison that corrodes, depending on how the attorney responds, says Bennett Rawicki at Hilgers Graben.