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Government Contracts
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February 24, 2026
2nd Circ. Axes Diagnostic Test Fraud Suit Against Siemens
The Second Circuit on Tuesday affirmed a lower court's dismissal of a lawsuit accusing Siemens of defrauding the government, saying there's no example of a single diagnostic medical test rendered unreliable from the company's alleged shipping practices.
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February 24, 2026
Mallinckrodt's Ch. 11 Blocks Antitrust Payouts, Judge Rules
A Connecticut federal judge has ruled that drugmaker Mallinckrodt PLC shrugged off monetary claims brought by states in a sprawling generic drug antitrust enforcement action when the company emerged from bankruptcy in 2022.
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February 24, 2026
NJ Co. To Pay $2.6M To End Claims Over Foreign Vessel Use
A New Jersey company will pay $2.6 million to settle allegations that it used foreign-flagged vessels to move shipping containers made for the U.S. Army and Air Force, federal prosecutors said.
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February 24, 2026
Ex-Fla. Rep., Lobbyist Can't DQ Prosecutor In FARA Case
A Florida federal judge declined Tuesday to disqualify a federal prosecutor in the criminal case against a former Florida congressman and a lobbyist accused of failing to register as foreign agents for Venezuela after finding that the defense had failed to show a basis to disqualify him.
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February 24, 2026
Justices Rule USPS Immune For Declining To Deliver Mail
A Texas woman cannot hold U.S. Postal Service workers liable for engaging in a "racially motivated harassment campaign" against her, the U.S. Supreme Court ruled Tuesday, finding a federal tort law immunizes the service from claims related to intentional delivery failures.
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February 23, 2026
FedEx, Bausch, Other Cos. Join Race For Tariff Refunds
FedEx, Bausch & Lomb and L'Oreal are among the companies that raced to the U.S. Court of International Trade on Monday seeking full refunds of the trade duties they paid as a result of the 2025 tariffs that President Donald Trump illegally imposed under the International Emergency Economic Powers Act.
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February 23, 2026
DC Circ. Talks Sharks, Moats In Vertex HHS Kickback Appeal
Sharks and moats were top of mind Monday morning for one judge on the D.C. Circuit, as gene therapy drugmaker Vertex Pharmaceuticals attempted to convince the court that its fertility preservation program does not violate the Anti-Kickback Statute.
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February 23, 2026
Calif. Cities Sue Feds Over Grant Conditions Tied To DEI
Several cities and counties in California and Oregon have sued the federal government in California federal court, alleging the Trump administration is conditioning federal grants on recipients abandoning the promotion of diversity, equity and inclusion or "gender ideology," which could leave them with the untenable choice of forgoing critical funds.
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February 23, 2026
GAO Won't Undo $152M Military Electronic Scrap Sales Deal
The U.S. Government Accountability Office denied an Ohio-based company's protest of a $152 million electronic scrap sales contract, saying the Defense Logistics Agency got enough information about the winning offerer's California processing facility to find its proposal acceptable.Â
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February 23, 2026
FirstNet Renewal Gains Backing From Slew Of Groups
More than 70 emergency response groups are backing plans for a congressional re-up of the First Responder Network Authority ahead of its slated sunset a year from now, the bill's supporters said Monday.
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February 23, 2026
Judge Says $53M DOD Fuel Contract Suit Can Proceed
The U.S. Court of Federal Claims allowed a fuel company to continue seeking over $53 million in damages after the Defense Logistics Agency allegedly terminated its Djibouti fuel-supply contract in bad faith, rejecting the agency's invocation of related litigation.
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February 23, 2026
Justices Deny Review Of Consultancy's $5M SBA Loan Suit
The U.S. Supreme Court on Monday let stand a lower court ruling that found a risk management firm's $5 million loan did not qualify for debt relief from the U.S. Small Business Administration during the COVID-19 pandemic.
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February 20, 2026
Siemens Seeks $2.2M From US Army Over Canceled Contract
Siemens Government Technologies Inc. has accused the U.S. Army of deciding not to issue the company an energy-saving task order to avoid paying for the $2.2 million in preliminary work the agency instructed the contractor to perform.
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February 20, 2026
Dallas Jury Finds Ex-NFL Player Ran $328M Medicare Scheme
A federal jury in Dallas has found that former NFL player and Texas laboratory owner Keith Gray orchestrated a $328 million fraud scheme involving billing for cardiovascular genetic testing, federal prosecutors said Thursday.
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February 20, 2026
DuPont Atty's Clerkship Leads Judge To Reconsider Recusal
A Connecticut federal judge on Friday said he would reconsider a decision not to step away from a perfluoroalkyl and polyfluoroalkyl substances lawsuit after his former law clerk appeared for several DuPont-related defendants and his daughter landed a job at a firm that represents fellow defendant 3M.
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February 20, 2026
Colo. Town Says Water District Can't End Agreement Yet
A small Colorado town alleges that the district responsible for overseeing water distribution and treatment for the entire town is attempting to improperly terminate an agreement in violation of the contract and Colorado law.
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February 20, 2026
Kaiser Sues Insurers To Tap $95M D&O Policy For Fraud Deal
Kaiser Foundation Health Plan sued Chubb and other insurers in California federal court Friday seeking to tap $95 million in directors and officers liability coverage for a recently settled whistleblower action that accused Kaiser of submitting false diagnoses for Medicare Advantage Plan enrollees.Â
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February 20, 2026
Milwaukee Accuses Fire Truck Giants Of Rigging The Market
The city of Milwaukee has alleged in a proposed class action that the country's largest fire truck makers and their trade group conspired to slow production so they could force cities and their departments to pay inflated prices.
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February 19, 2026
Judge Denies Mylan And Aurobindo's Bid To Escape Trial
A Connecticut federal judge has once again rejected generic-drug makers' bid to escape a multistate lawsuit accusing them of engaging in an overarching antitrust conspiracy, saying the evidence supports the need for a jury trial on whether the companies colluded to fix prices and divvy up markets for dozens of generic drugs.
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February 19, 2026
DOJ Shifts FCA Focus From Anti-DEI To Antidiscrimination
A U.S. Department of Justice deputy assistant attorney general said on Thursday that the Trump administration is not investigating federal contractors and grant recipients for their diversity, equity and inclusion programs but for potentially engaging in discrimination.
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February 19, 2026
Judge Hesitant To DQ Prosecutor In Fla. Foreign Agent Case
A Florida federal judge seemed hesitant Thursday to disqualify a federal prosecutor in the criminal case against a former Florida congressman and a lobbyist accused of failing to register as foreign agents for Venezuela but chided the U.S. Attorney's Office for not providing more information to rebut the bias accusations and "put this to rest."
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February 19, 2026
Colo. Metro District Wants Claim Paid On $2M Project
A metropolitan district in Arvada, Colorado, has told a state court that its insurer wrongfully denied a claim to complete work on a $2 million construction project after the city deemed the work completed by the contractor insufficient.
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February 19, 2026
GAO Affirms Cost Analysis Of $45M Navy Contract
The U.S. Government Accountability Office denied a protest from a program-management firm over a nearly $45 million U.S. Navy contract award, finding the agency did not rely on faulty data when evaluating the price tag of the winning proposal.
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February 19, 2026
Pharma Group Asks 1st Circ. To Ax RI's 340B Drug Price Law
A pharmaceutical trade group has urged the First Circuit to overturn a district court's order siding with a Rhode Island law that bars drug manufacturers from blocking hospitals and clinics from contracting with outside pharmacies to dispense discounted drugs under the federal 340B Discount Drug Program.Â
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February 19, 2026
GAO Finds No Proof Contract Winner Misrepresented Staffing
The U.S. Government Accountability Office denied a protest from a Virginia technology firm, finding that the company did not support its allegations of a "bait and switch" in the award of a U.S. Department of Homeland Security task order.
Expert Analysis
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New Biotech Nat'l Security Controls May Have Blunted Impact
While the newly enacted federal prohibition against contracting with certain biotechnology providers associated with countries of concern may have consequences on U.S. companies' ability to develop drugs, the restrictions may prove to be less problematic for the industry than the significant publicity around their passage would suggest, say attorneys at Wilson Sonsini.
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Series
Law School's Missed Lessons: Practicing Resilience
Resilience is a skill acquired through daily practices that focus on learning from missteps, recovering quickly without internalizing defeat and moving forward with intention, says Nicholas Meza at Quarles & Brady.
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Takeaways From The DOJ Fraud Section's 2025 Year In Review
Former acting Principal Deputy Chief Sean Tonolli of the U.S. Department of Justice's Fraud Section, now at Cahill Gordon, analyzes key findings from the section’s annual report — including the changes implemented to adapt to the new administration’s priorities — and lays out what to watch for this year.
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Anticipating The SEC's Cybersecurity Focus After SolarWinds
While the U.S. Securities and Exchange Commission's recent voluntary dismissal of its enforcement action against SolarWinds Corp. and its chief information security officer marks a significant victory for the defendants, it does not mean the SEC is done bringing cybersecurity cases, say attorneys at MoFo.
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Bid Protest Data Contradicts Claims That System Is Inefficient
Recently released data debunks the narrative that the federal procurement system is overwhelmed by excessive or meritless bid protests, revealing instead that the process is healthy and functioning as intended, says Joshua Duvall at Duvy Law.
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Contract Disputes Recap: Terminations Galore
Three recent decisions from the Federal Circuit and the Civilian Board of Contract Appeals provide valuable insights about sticking to a contract's plain language, navigating breach of contract claims, and jurisdictional limits on reinstatement of a canceled contract, say attorneys at Seyfarth.
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Traditional FCA Enforcement Surges Amid Shifting Priorities
The U.S. Department of Justice’s January report on False Claims Act enforcement in fiscal year 2025 reveals that while the administration signaled its intent to expand FCA enforcement into new areas such as tariffs, for now the greatest exposure remains in traditional areas like healthcare — in which the risk is growing, say attorneys at Debevoise.
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NYC Bar Opinion Warns Attys On Use Of AI Recording Tools
Attorneys who use artificial intelligence tools to record, transcribe and summarize conversations with clients should heed the New York City Bar Association’s recent opinion addressing the legal and ethical risks posed by such tools, and follow several best practices to avoid violating the Rules of Professional Conduct, say attorneys at Smith Gambrell.
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Series
The Biz Court Digest: Dispatches From Utah's Newest Court
While a robust body of law hasn't yet developed since the Utah Business and Chancery Court's founding in October 2024, the number of cases filed there has recently picked up, and its existence illustrates Utah's desire to be top of mind for businesses across the country, says Evan Strassberg at Michael Best.
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Aerospace And Defense Law: Trends To Follow In 2026
Some of the key 2026 developments to watch in aerospace and defense contracting law stem from provisions of this year's National Defense Authorization Act, a push to reform procurement, executive orders that announced Trump administration priorities, the upcoming Artemis space mission and continuing efforts to deploy artificial intelligence, say attorneys at Thompson Hine.
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4 Quick Emotional Resets For Lawyers With Conflict Fatigue
Though the emotional wear and tear of legal work can trap attorneys in conflict fatigue — leaving them unable to shake off tense interactions or return to a calm baseline — simple therapeutic techniques for resetting the nervous system can help break the cycle, says Chantel Cohen at CWC Coaching & Therapy.
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CGL Lessons From A No-Coverage Finding In Navy Project
A Florida federal court's recent decision that the insurer had no duty to defend or indemnify a general contractor or subcontractor for damages from defective work on a naval base highlights the nuances of policy definitions, the importance of obtaining insurer consent and allocation issues between covered and uncovered claims, say attorneys at Hunton.
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Series
Playing Tennis Makes Me A Better Lawyer
An instinct to turn pain into purpose meant frequent trips to the tennis court, where learning to move ahead one point at a time was a lesson that also applied to the steep learning curve of patent prosecution law, says Daniel Henry at Marshall Gerstein.
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False Ad Suit Shows Need For Clear, Conspicuous Disclosure
The Eleventh Circuit's recent false advertising decision in Federal Trade Commission v. Corpay reiterated the FTC's guidance imploring advertisers to ensure that any disclosures are clear and conspicuous to consumers, providing companies with numerous lessons about truthful advertising and highlighting some common disclosure pitfalls to avoid, says Michael Justus at Carlton Fields.
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Bid Protest Spotlight: Evaluations, Redactions, Remands
Victoria Angle at MoFo examines three December bid protest decisions highlighting the scope of agency discretion when evaluating contractor proposals, the extent to which an agency may redact documents that comprise the record of its evaluation decisions, and the breadth of the U.S. Court of Federal Claims' discretion to grant government requests for remand.