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Government Contracts
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September 11, 2025
Texas Justices Debate When Eco-Devo Public Purposes End
Texas Supreme Court justices seemed hesitant Thursday to give JPMorgan Chase Bank NA a green light to continue collecting payments on a $10 million economic development loan for a project that went belly up, asking what public purpose the payments would serve.
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September 11, 2025
Expert's AI Hallucinations Blamed On Attys' 'Willful Blindness'
Utah anesthesiologists facing a False Claims Act fraudulent billing suit doubled down Wednesday on their bid to sanction and disqualify the whistleblower's counsel for not catching an expert witness report with numerous AI-generated fabrications, arguing the errors were so obvious that the failure to catch them constitutes "willful blindness."
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September 11, 2025
1st Circ. OKs Freeze Of Planned Parenthood Medicaid Funding
The First Circuit on Thursday allowed the Trump administration to halt Medicaid reimbursements to Planned Parenthood and its affiliates, pausing a pair of lower court rulings that had blocked the funding cut.
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September 11, 2025
7th Circ. Backs $183M FCA Award Over Eli Lilly Drug Rebates
The Seventh Circuit refused on Thursday to unwind a whistleblower's $183 million trial win against Eli Lilly in a false claims case targeting more than a decade of drug rebate miscalculations, saying a jury reasonably found that the company knowingly "hid the truth" about how much it charged for Medicaid-covered drugs.
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September 11, 2025
Panel Says $4.5M Wrongful Death Award Lacked Evidence
A panel of the Michigan state appeals court on Wednesday undid a $4.5 million default judgment against a bus driver who ran over a man in Detroit, finding the estate of the man did not provide enough evidence to support the damages amount.
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September 11, 2025
Trump Admin Should Release Climate Panel Docs, Judge Says
A Massachusetts federal judge on Thursday encouraged the Trump administration to voluntarily turn over records from a recently disbanded panel that environmental groups say worked secretly with regulators to justify a proposed reversal of the government's longstanding position that greenhouse gases are a threat to public health.
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September 11, 2025
Mistrial Declared For Execs Accused Of Bribing Navy Admiral
A D.C. federal judge declared a mistrial Thursday in the case of two consulting company executives accused of bribing a top U.S. Navy admiral with a lucrative post-retirement job in exchange for government contracts.
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September 10, 2025
Feds Barred From Axing 30-Year Noncitizen Services, For Now
A Rhode Island federal judge Wednesday blocked the Trump administration from enacting a policy change requiring immigration status checks for a number of federally funded community services, saying a coalition of Democratic-led states is likely to succeed in its assertion that the move is unconstitutional, as well as arbitrary and capricious.
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September 10, 2025
FTC Urged To Probe Microsoft Over Ascension Data Breach
U.S. Sen. Ron Wyden, D-Ore., is calling on the Federal Trade Commission to open an investigation into Microsoft's "gross cybersecurity negligence" that has allegedly contributed to cyberattacks against critical infrastructure providers, including a 2024 ransomware hack that targeted hospital system Ascension.
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September 10, 2025
FCC's Carr Says Agency Clawbacks Save More Than $9M
The Federal Communications Commission will be clawing back more than $9 million in overpayments that it says it mistakenly made to telecoms and discovered as part of an audit of the "antiquated high-cost program."
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September 10, 2025
NJ Comptroller Targets Firm Linked To Exonerated Mogul
A New Jersey insurance brokerage founded by Democratic power broker George E. Norcross III violated public contracting laws and failed to disclose conflicts of interest to state regulators, according to a report by the state's Office of the State Comptroller.
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September 10, 2025
VA Botched $12M Texas Hospital Renovation, Per Report
The U.S. Department of Veterans Affairs' Office of Inspector General released a report Wednesday finding that the agency botched a decade-long, $12 million emergency room remodel in Texas by failing to properly install outlets for equipment.
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September 10, 2025
Feds Want 10 Years For Ex-Navy Admiral In Bribe Case
Prosecutors asked a federal judge Tuesday to sentence a former top U.S. Navy admiral to more than 10 years for corruption, while his own legal team said a sentence without prison time will be enough punishment.
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September 10, 2025
Meet The Attys Now Fighting Judge Newman's Suspension
Federal Circuit Judge Pauline Newman's main attorney in the fight against her suspension from the appeals court has departed from the New Civil Liberties Alliance, leaving his former colleagues to head the litigation.
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September 10, 2025
Unions' Challenge To Fed. Layoffs, Reorganizations Proceeds
The Trump administration must continue facing a union-backed challenge to its federal worker layoffs and agency reorganizations, a California federal judge ruled, tossing the administration's argument that the U.S. Supreme Court cast enough doubt on the suit's legitimacy by pausing an injunction to justify dismissing the case.
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September 10, 2025
FTA Probes Charlotte Transit After Fatal Light Rail Stabbing
The Federal Transit Administration has launched itself into the fray surrounding the stabbing death of a 23-year-old Ukrainian refugee on a city light rail line in Charlotte, North Carolina, announcing on Wednesday that it is investigating the city transit system's compliance with federal safety regulations.
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September 10, 2025
CORRECTED: Fla. Court Affirms $131M Judgment For Trinidad And Tobago
A Florida appeals court Wednesday affirmed a $131 million judgment against a trio of businessmen a jury found conspired to defraud the Republic of Trinidad and Tobago out of more than $32 million in a bid-rigging scheme that involved the government awarding hyperinflated airport construction contracts.
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September 09, 2025
DOD's Cybersecurity Rule May Help Fend Off FCA Claims
The U.S. Department of Defense's requirement for certain contractors to have a third-party assessor review their cybersecurity compliance, implemented in a final rule Tuesday, could help contractors protect themselves from False Claims Act enforcement.
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September 09, 2025
Head Start Immigration Checks May Be Paused, Judge Hints
A Washington federal judge seemed open to freezing a Trump administration policy requiring Head Start participants to prove citizenship, directing questions during a Tuesday hearing to how children will be affected after three decades of contrary practice.
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September 09, 2025
Mitsubishi Accused Of Dodging Pollution Regs With Deception
Mitsubishi Heavy Industries Ltd. was hit with a proposed class action in Washington federal court Monday by a commercial fisher accusing the company of deploying a deceptive sales tactic to circumvent federal emissions regulations for marine engines and replacing engines with cheaper, dirtier alternatives that don't comply with U.S. laws.
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September 09, 2025
Roberts Pauses Foreign Aid Distribution For Now
Chief Justice John Roberts on Tuesday temporarily stayed a lower court's order requiring the Trump administration to release roughly $4 billion in frozen foreign aid while the U.S. Supreme Court considers a longer-term solution.
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September 09, 2025
Feds Say Lejeune Litigants Can't Link Chemical To Illnesses
The U.S. government asked a North Carolina federal judge to bar veterans and family members suing over injuries from toxic water at Camp Lejeune from claiming that one particular substance caused various diseases at issue in the litigation.
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September 09, 2025
Ohio Aerospace Manufacturer Hits Ch. 11 To Rework Debt
Cincinnati-based manufacturer CTL-Aerospace Inc. filed for Chapter 11 with at least $15 million in debt saying material sourcing troubles last year left it with an operating loss with limited funding avenues.
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September 09, 2025
DOJ, FTC Urged To Probe Drugmakers' Rebate Models
The American Hospital Association asked the Trump administration to investigate whether major pharmaceutical companies violated antitrust laws as they push out new rebate models for a program that offers discounted drugs to healthcare providers serving low-income patients.
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September 09, 2025
Pentagon Finalizes Cybersecurity Rule For Contractors
The U.S. Department of Defense released its long-anticipated final rule on Tuesday detailing how the agency will incorporate its Cybersecurity Maturity Model Certification program, aimed at boosting cybersecurity standards across the defense industrial base, into defense contracts.
Expert Analysis
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Series
Power To The Paralegals: The Value Of Unified State Licensing
Texas' proposal to become the latest state to license paraprofessional providers of limited legal services could help firms expand their reach and improve access to justice, but consumers, attorneys and allied legal professionals would benefit even more if similar programs across the country become more uniform, says Michael Houlberg at the University of Denver.
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11 Tips For Contractors Dealing With DOD Staff Reductions
Defense contractors should prepare for a wide range of disruptions related to procurement and contract administration that are likely amid federal workforce reductions, say attorneys at Covington.
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Pay Cos. That Adapt Can Benefit As Gov't Ends Paper Checks
Recent executive orders, instructing the government to cease issuing paper checks and to modernize and fraud-proof federal payments, will likely benefit financial services providers that facilitate government disbursements — provided they can manage the challenges and risks of transitioning to fully digital payments, say attorneys at Davis Wright.
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10 Soft Skills Every GC Should Master
As businesses face shifting regulatory and technological uncertainty, general counsel will need to strengthen certain soft skills to succeed, from admitting when they make a mistake to maintaining a healthy dose of dispassion, says Douglas Brown at Manatt.
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Learning From COVID-19 Enforcement Against Nursing Homes
Five years after the COVID-19 outbreak caused a high number of deaths in nursing homes, an examination of enforcement actions against nursing homes in New York and elsewhere in the country highlights obstacles that may arise when bringing cases of this type, and ways to overcome them, says Kenneth Levine at Stone & Magnanini.
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Reviving A Dormant Criminal Statute In Antitrust Prosecution
The U.S. Department of Justice is poised to revive a dormant misdemeanor statute to resolve bid-rigging charges against a foreign national, providing important context to a recent effort to entice foreign defendants to take responsibility for pending charges or face the risk of extradition, say attorneys at Axinn.
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End May Be In Sight For Small Biz Set-Aside Programs
A Jan. 21 executive order largely disarming the Office of Federal Contract Compliance Programs, along with recent court rulings, suggests that the administration may soon attempt to eliminate set-asides intended to level the award playing field for small business contractors that qualify under socioeconomic programs, say attorneys at Alston & Bird.
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An Unrestrained, Bright-Eyed View Of Legal AI's Future
Todd Itami at Covington offers a bright-eyed, laughing-all-the-way, skydive look at what the legal industry could look like after an artificial intelligence revolution, which he believes may happen much sooner and more dramatically than we expect.
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Tracking The Evolution In Litigation Finance
Despite continued innovation, litigation finance remains an immature market with borrowers recieving significantly different terms as lenders learn to value cases, which firms need a strong handle on to ensure lending terms do not overwhelm collateral value, says Robert Wilkins at Lightfoot Franklin.
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Series
Volunteer Firefighting Makes Me A Better Lawyer
While practicing corporate law and firefighting may appear incongruous, the latter benefits my legal career by reminding me of the importance of humility, perspective and education, says Nicholas Passaro at Ford.
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What The Minimum Wage Shift Means For Gov't Contractors
While President Donald Trump's recent executive order rescinding a 2021 increase to the federal contractor minimum wage is welcome relief to some federal contractors and settles continued disagreement about its legality, there remains significant uncertainty and pitfalls over contractor wage obligations, say attorneys at Polsinelli.
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Bid Protest Spotlight: Instructions, Price Evaluation, Standing
In this month's bid protest roundup, Caitlin Crujido at MoFo looks at three recent decisions that consider a contractor's attempt to circumvent unambiguous solicitation instructions, the fairness of an agency's price evaluation and whether a protestor that would be unable to perform even if sucessful has standing.
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E-Discovery Quarterly: The Perils Of Digital Data Protocols
Though stipulated protocols governing the treatment of electronically stored information in litigation are meant to streamline discovery, recent disputes demonstrate that certain missteps in the process can lead to significant inefficiencies, say attorneys at Sidley.
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Series
Law School's Missed Lessons: Preparing For Corporate Work
Law school often doesn't cover the business strategy, financial fluency and negotiation skills needed for a successful corporate or transactional law practice, but there are practical ways to gain relevant experience and achieve the mindset shifts critical to a thriving career in this space, says Dakota Forsyth at Olshan Frome.
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Gov't Contractor Strategies For Getting Paid Amid Uncertainty
Mass agency personnel reductions and widespread contract terminations have introduced significant uncertainty into the federal market environment, but several legal and procedural mechanisms remain available to contractors to vindicate their contractual rights, say attorneys at Wiley.