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Government Contracts
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December 04, 2025
Wheeling & Appealing: The Latest Must-Know Appellate Action
Is the False Claims Act constitutional? Will Mark Zuckerberg be deposed in high-profile privacy litigation? Did a major drugmaker's shenanigans cost investors nearly $7 billion? That's a small sample of the intriguing legal questions we're exploring in this preview of December's top appellate action.
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December 04, 2025
Colo. Sheriff Lt. Says Jury Should Hear Expert Gun Testimony
A Colorado county sheriff's department lieutenant suing Sig Sauer Inc. over an injury involving a pistol told a federal judge that a jury should be able to determine the credibility of an expert witness the gun manufacturer says should not be allowed to testify.
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December 04, 2025
Judge Says IT Co. Ignored Standing Burden In Protest
A Court of Federal Claims judge rejected a Washington, D.C., company's preaward protest over scoring provisions for a major governmentwide acquisition for information technology services, ruling that it fell woefully short in demonstrating standing.
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December 04, 2025
Roofer Faulted For Taking Too Long To Tell VA Of Bid Error
The Civilian Board of Contract Appeals has upheld the U.S. Department of Veterans Affairs' decision to terminate a roofing contract, finding that the contractor waited too long to report that it inadvertently underquoted the project by $257,500.
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December 04, 2025
Fla. High Court Backs University Control Over Nonprofit
The Florida Supreme Court on Thursday ruled that a university can control a research nonprofit's budget and approve its board members, saying a state law doesn't impair a memorandum of understanding between the two parties.
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December 04, 2025
School Privacy Waiver Case Belongs In State Court, Mich. Says
Michigan's top education official has urged a federal judge to let a state court decide the constitutionality of a funding package requiring schools to give up certain privacy rights to receive critical funding, while school leaders challenging the waiver are asking the federal court to block it from going into effect.
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December 03, 2025
Oak View CEO Pardoned 5 Months After Bid-Rigging Charge
President Donald Trump has pardoned former Oak View Group CEO Tim Leiweke just five months after the U.S. Department of Justice charged him with rigging a bid to build and operate the Moody Center arena on the University of Texas at Austin campus.
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December 03, 2025
Chats Show Ex-NY Gov Aide Was Tight With Chinese Officials
Jurors weighing the fate of a former aide to two New York governors have seen a raft of chats and other documents over several days that the feds say support their case alleging she violated the Foreign Agents Registration Act, including communications that seem to suggest she had a close working relationship with several Chinese government officials.
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December 03, 2025
Fed. Circ. Wary Of Toughening Override Of CICA Stays
The Federal Circuit expressed doubt on Wednesday at the federal government's argument that judges should use a heightened standard of review when considering an agency's decision to override an automatic pause on contract performance during a bid protest.
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December 03, 2025
SIGAR Says $26B Lost To Waste, Fraud And Abuse In Afghanistan
An independent watchdog overseeing the U.S.' reconstruction efforts in Afghanistan found that of roughly $145 billion spent between 2002 and the Afghan government's collapse in 2021, there was at least $26 billion in waste, fraud and abuse.
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December 03, 2025
Wash. Defends Law Limiting Immigrants Working In Jails
Washington state urged a federal judge to deny King County's attempt to block a law that imposes citizenship and immigration status requirements for local government corrections officers, arguing that it passes legal muster and may soon change anyway.
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December 03, 2025
Enviro Advocates' Challenge To Forest Service Rule Tossed
A Virginia federal judge on Wednesday tossed conservation groups' challenge to a U.S. Forest Service rule that allows some projects to avoid more extensive environmental review, saying the organizations failed to prove an "imminent" injury.
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December 03, 2025
Ga. Must Continue Care For Trans Prisoners, Judge Orders
A Georgia federal judge ordered the state's corrections system Wednesday to continue providing hormone therapy to transgender prisoners, entering a permanent injunction that partially blocks a 2025 law stripping prisons of funding for gender-affirming healthcare.
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December 03, 2025
Flint Water Case Judge Not Convinced EPA Hid Witnesses
A Michigan federal judge on Wednesday wasn't convinced that Flint residents seeking damages from the U.S. Environmental Protection Agency over its response to the city's water crisis could yet show the agency intentionally failed to catalog identities of confidential informants the residents want to depose.
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December 03, 2025
GAO Says Small Biz Eligibility Decisions Out Of Its Hands
The U.S. Government Accountability Office dismissed an engineering firm's protest over being excluded from consideration for a Department of Energy contract, saying it lacks the authority to review a determination that the firm is not a qualifying small business.
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December 03, 2025
NJ Seeks $195M Fee Award In $2.5B DuPont PFAS Case
New Jersey asked a Garden State federal judge this week to approve $195 million in attorney fees to its special counsel team of four firms whose six years of litigation work resulted in two landmark settlements that serve to clean up some of the state's most contaminated sites.
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December 03, 2025
Fed. Circ. Pushes DC Circ. Not To Rethink Newman Decision
The Federal Circuit has urged the D.C. Circuit to ignore Federal Circuit Judge Pauline Newman's request to rehear a decision upholding the dismissal of her suit against the colleagues who suspended her, saying the judiciary has the right to police its own internal matters.
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December 02, 2025
States Hit Abbott With FCA Suit Over Infant Formula Recall
Seven states, including California, Michigan and New York, on Monday intervened in a False Claims Act suit brought by the federal government against Abbott Laboratories over the 2022 infant formula crisis seeking to recoup funds spent on the tainted baby food.
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December 02, 2025
Judge Blocks Planned Parenthood Funding Cut In 22 States
A Massachusetts federal judge Tuesday stopped the Trump administration from halting Medicaid reimbursements to Planned Parenthood clinics in 22 states, ruling the funding cutoff likely violated requirements to warn the states ahead of time about the change.
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December 02, 2025
DOJ Tells Justices Duke Must Face 'Holistic' Antitrust Case
The Trump administration weighed in Monday on Duke Energy's bid to duck a rival's claims accusing the power giant of squeezing it out of the North Carolina market, telling the U.S. Supreme Court that the Fourth Circuit rightly revived the allegations by refusing to view them only "in isolation."
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December 02, 2025
Defamation Litigation Roundup: FDA, Lively, Alexander Bros.
In this month's review of defamation fights, Law360 highlights a pharmaceutical company's suit against a former U.S. Food and Drug Administration official, as well as the latest decision siding against President Donald Trump in his fights with media companies.
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December 02, 2025
Breast Pump Co. To Pay $1M For Alleged Tricare Overbilling
The U.S. Attorney's Office for the Eastern District of Pennsylvania reached a $1 million settlement with a breast pump company and its owner, resolving allegations that they submitted false claims for reimbursement for service members and their families.
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December 02, 2025
Ga. Man Gets 46 Months For $24M Medicare Fraud Scheme
A Georgia man who copped to running a $24 million Medicare kickback scheme that funneled patients to a series of medical testing labs was hit with a nearly four-year prison sentence Tuesday by a Georgia federal judge.
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December 02, 2025
Judge Doubts That FEMA Funds Freeze Is Harmless
A Massachusetts federal judge on Tuesday appeared to push back on assertions by the Trump administration that states are not entitled to a court order vacating what the government says is a temporary freeze of Federal Emergency Management Agency funds intended to pay for disaster-mitigating projects.
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December 02, 2025
CVS Will Pay $37.8M To Settle Insulin Pen Overbilling Claims
CVS has agreed to pay $37.76 million to settle allegations that the major pharmacy retailer violated federal law by overdispensing and overbilling for insulin pens to government healthcare programs, federal prosecutors said Tuesday.
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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10 Commandments For Agentic AI Tools In The Legal Industry
Though agentic artificial intelligence has demonstrated significant promise for optimizing legal work, it presents numerous risks, so specific ethical obligations should be built into the knowledge base of every agentic AI tool used in the legal industry, says Steven Cordero at Akerman LLP.
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What Trump's Scientific Discovery AI Order Will Mean For Cos.
Although private organizations will not see an immediate change in their compliance obligations from President Trump's recent executive order establishing a government effort to use artificial intelligence to accelerate scientific discovery, large enterprises and critical infrastructure operators will face pressure to demonstrate that their AI practices are comparable, says Shawn Tuma at Spencer Fane.
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Series
Preaching Makes Me A Better Lawyer
Becoming a Gospel preacher has enhanced my success as a trial lawyer by teaching me the importance of credibility, relatability, persuasiveness and thorough preparation for my congregants, the same skills needed with judges and juries in the courtroom, says Reginald Harris at Stinson.
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Series
Law School's Missed Lessons: Practicing Client-Led Litigation
New litigators can better help their corporate clients achieve their overall objectives when they move beyond simply fighting for legal victory to a client-led approach that resolves the legal dispute while balancing the company's competing out-of-court priorities, says Chelsea Ireland at Cohen Ziffer.
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What To Expect From DOD's Acquisitions Revamp
The U.S. Department of Defense’s recently announced reshuffling of offices and changes to approval processes aimed at streamlining acquisitions and foreign military sales could materially reshape how contractors position themselves, structure bids and manage compliance, say attorneys at Morgan Lewis.
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Opinion
Nursing Home Abuse Cases Face 3 Barriers That Need Reform
Recent headlines reveal persistent gaps in oversight and protection for vulnerable residents in long-term care, but prosecution of these cases is often stymied by numerous challenges that will require a comprehensive overhaul of regulatory, legal and financial structures to address, says Veronica Finkelstein at Wilmington University.
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Series
The Law Firm Merger Diaries: How To Build On Cultural Fit
Law firm mergers should start with people, then move to strategy: A two-level screening that puts finding a cultural fit at the pinnacle of the process can unearth shared values that are instrumental to deciding to move forward with a combination, says Matthew Madsen at Harrison.
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Takeaways From First Resolution After FCPA Pause Was Lifted
The U.S. Department of Justice’s recent deferred prosecution agreement with TIGO Guatemala — its first Foreign Corrupt Practice Act corporate resolution after issuing new guidelines and resuming enforcement — highlights several aspects of the administration’s approach to corporate foreign bribery enforcement, say attorneys at Cleary.
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Suspension And Debarment: FY 2025 By The Numbers
With the multiyear, downward trend in suspensions and debarments of government contractors continuing in fiscal year 2025, questions about the future of suspension and debarment practices, such as what may necessitate an immediate exclusion, and why we're not seeing a corresponding drop in activity levels across all federal agencies, come to mind, say David Robbins at Jenner and Duc Nguyen at Fluet.
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Considerations When Invoking The Common-Interest Privilege
To successfully leverage the common-interest doctrine in a multiparty transaction or complex litigation, practitioners should be able to demonstrate that the parties intended for it to apply, that an underlying privilege like attorney-client has attached, and guard against disclosures that could waive privilege and defeat its purpose, say attorneys at DLA Piper.
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1st Circ. Offers Diversity Jurisdiction Lessons For Assignees
A recent First Circuit opinion in Gore v. SLSCO, dismissing a case after years of litigation, serves as a cautionary tale about what can go wrong if an assignee has not alleged sufficient facts to demonstrate there is complete diversity jurisdiction, says Ray Gauvreau at Robinson & Cole.
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Series
The Law Firm Merger Diaries: Making The Case To Combine
When making the decision to merge, law firm leaders must factor in strategic alignment, cultural compatibility and leadership commitment in order to build a compelling case for combining firms to achieve shared goals and long-term success, says Kevin McLaughlin at UB Greensfelder.
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1st Trial After FCPA Pause Offers Clues On DOJ Priorities
After surviving a government review of Foreign Corrupt Practices Act enforcement, the U.S. v. Zaglin case reveals the U.S. Department of Justice still appears willing to prosecute individuals for conduct broadly consistent with classic priorities, despite the agency's new emphasis on foreign policy priorities, say attorneys at Debevoise.
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Opinion
Despite Deputy AG Remarks, DOJ Can't Sideline DC Bar
Deputy Attorney General Todd Blanche’s recent suggestion that the D.C. Bar would be prevented from reviewing misconduct complaints about U.S. Department of Justice attorneys runs contrary to federal statutes, local rules and decades of case law, and sends the troubling message that federal prosecutors are subject to different rules, say attorneys at HWG.
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Rule Amendments Pave Path For A Privilege Claim 'Offensive'
Litigators should consider leveraging forthcoming amendments to the Federal Rules of Civil Procedure, which will require early negotiations of privilege-related discovery claims, by taking an offensive posture toward privilege logs at the outset of discovery, says David Ben-Meir at Ben-Meir Law.