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Government Contracts
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October 10, 2025
Government Contractor Hit With Class Action For Data Breach
A Virginia company that has provided information technology and data services to multiple U.S. government agencies was hit with a proposed class action alleging that it failed to take appropriate steps to safeguard sensitive personal information before a data breach earlier this year.
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October 09, 2025
Paxton Can Move To Close Houston Nonprofit, Panel Says
Texas appellate court justices on Thursday said Attorney General Ken Paxton can initiate legal proceedings to take away an immigrant-led nonprofit's corporate charter and tax-exempt status, noting his allegations claiming it failed to comply with its purpose by engaging in political activities show there's probable ground to proceed.
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October 09, 2025
Musk's X Posts Trigger Disclosure In NYT Suit, Judge Rules
The government must produce a list of any security clearances granted to Elon Musk in response to The New York Times' Freedom of Information Act request, a Manhattan federal judge ruled, saying the billionaire waived his privacy interest by posting about his top secret clearance, drug use and foreign contacts.
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October 09, 2025
Biotronik Wants Full 9th Circ. Review Of Whistleblower Ruling
Biotronik Inc. urged the full Ninth Circuit to review a panel ruling that revived a whistleblower suit alleging the company used unlawful compensation tactics to boost heart-device sales, saying it should have been tossed based on prior disclosures in news articles.
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October 09, 2025
Fed. Circ. Affirms Contractor Is Due Money For COVID Delays
The Federal Circuit on Thursday backed an Armed Services Board of Contract Appeals decision finding the government must compensate a contractor for fees incurred during the 2020 COVID-19 shutdown, just days after hearing oral argument.
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October 09, 2025
Feds' E-Verify System Resumes Operation During Shutdown
The federal E-Verify system for employers to check people's eligibility to work in the U.S. has resumed operation, a little over a week after it went offline with the start of the ongoing government shutdown.
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October 09, 2025
Whistleblower Asks High Court To Revive NASA Fraud Case
A whistleblower is urging the U.S. Supreme Court to revive a False Claims Act suit accusing a NASA contractor of overbilling, arguing that the Sixth Circuit wrongly let the government dismiss the case without considering the whistleblower's time and money commitment.
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October 09, 2025
Fed. Circ. Gets Shutdown Extension For Newman Response
The D.C. Circuit on Thursday gave the judges on the Federal Circuit an extension until after the government shutdown ends to respond to Federal Circuit Judge Pauline Newman's request for the rehearing of a decision upholding the dismissal of her suit against the colleagues who suspended her.
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October 09, 2025
Air Force Accused Of Mishandling Drone Deal
A Virginia company asked the U.S. Court of Federal Claims on Wednesday to block an Air Force deal to boost drone-fighting capability, saying that the military branch claimed to have never received its timely and lower-cost proposal despite email records to the contrary.
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October 08, 2025
Fed. Circ. Hesitant To Review DOD Contract Cost Appeal
A Federal Circuit judge appeared reluctant Wednesday to review an Armed Services Board of Contract Appeals' decision over the proper way to calculate the cost Pratt & Whitney paid for commercial engine parts, pointing to precedent that goes against the government's position.
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October 08, 2025
SoCal City Can't End Contract Dispute With Cannabis Co.
A Southern California municipality cannot escape a multi-year legal battle over a controversial exclusive cannabis transport deal it made with Rukli Inc., a Los Angeles County judge has ruled, saying if the current contract is "void," as the city argues, then the original is revived.
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October 08, 2025
Maryland Co. Challenges DHS Snub For Cybersecurity Award
A Maryland company told a Court of Federal Claims judge this week that the U.S. Department of Homeland Security's Cybersecurity and Infrastructure Security Agency improperly rated and passed over its quotation for a solicitation seeking digital transformation support services.
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October 08, 2025
High Court Open To Allowing USPS 'Campaign Of Terror' Suit
The U.S. Supreme Court appeared likely Wednesday to let a Texas woman pursue claims that U.S. Postal Service workers engaged in an alleged "racially motivated harassment campaign," with several justices doubting that a federal tort law immunized the service from being held liable for intentional delivery failures.
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October 08, 2025
Army Finds Support At Fed. Circ. In Fight Over COVID Delays
A Federal Circuit judge appeared skeptical that the U.S. Army Corps of Engineers should compensate a contractor for fees incurred during the 2020 COVID-19 shutdown, saying it likely falls under protected government activity.
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October 08, 2025
Trump Admin Challenges Denial Of Trans Care Subpoena
The Trump administration told a Massachusetts federal judge that he got it wrong in quashing a subpoena for records of gender-affirming care at Boston Children's Hospital last month, urging the court to reconsider.
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October 08, 2025
Advocacy Group Sues Trump To Restore Digital Equity Funds
A group advocating for wider broadband adoption has sued the Trump administration for canceling the disbursement of grants under the Digital Equity Act.
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October 08, 2025
Fla. Reactor Owner Sues Feds For Spent Fuel Storage Costs
The owner of a shuttered nuclear reactor north of Tampa, Florida, hit the federal government with a suit seeking damages for the cost of storing radioactive waste the U.S. Department of Energy allegedly promised to take years ago.
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October 07, 2025
Fed. Circ. Talks Judge Denzel Washington, AI Susan Sarandon
More than half of the Federal Circuit's judges were in Boston on Tuesday conducting out-of-town oral arguments, and afterward they discussed the most concerning and most promising elements of artificial intelligence, how to write a good brief, why en banc hearings are rare and which celebrities they'd love to see on a panel.
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October 07, 2025
Ex-Housing Chief's Lawyers Want Out Of Conn. Fraud Suit
Connecticut-based Spears Manning & Martini LLC has asked a state court to allow the firm to stop representing a former municipal housing authority chief in litigation accusing him of fraud and financial misconduct, pointing to a "breakdown in the attorney-client relationship."
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October 07, 2025
Ex-Prisoners Push Back On Bid To Decertify Debit Card Class
Former prisoners accusing Central Bank of Kansas City of charging excessive fees on prepaid debit cards have pushed back on the bank's effort to undo their certified class, arguing they were subject to a "uniform pattern of conduct" that forced them to accept the cards.
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October 07, 2025
Construction Co. Sues Air Force Over Contract Exclusion
A construction company has said the Air Force engaged in unequal discussions before ranking its proposal outside the top 12 offerors for a multiple award construction and engineering contract, in a complaint filed at the U.S. Court of Federal Claims.
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October 07, 2025
Northwestern Wants ERISA Health Offering Suit Tossed
Northwestern University asked an Illinois federal judge on Monday to throw out a proposed class action alleging it breached fiduciary duties in offering a higher-cost health plan alongside a cheaper option, arguing the plaintiffs have failed to allege injury because they admit that they received all the benefits to which they were entitled under the more-expensive plan's terms.
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October 07, 2025
AGs Rip DOJ Bid To Pause Planned Parenthood Funding Suit
The U.S. Department of Justice wants to use the ongoing government shutdown as a "shield" to stop a group of states from seeking an injunction against a halt to Medicaid funding for Planned Parenthood, the states told a Massachusetts federal judge in opposing a possible pause on their lawsuit.
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October 07, 2025
Camp Lejeune Litigation Goes On Despite Gov't Shutdown
The consolidated litigation over water contamination at the Camp Lejeune military base will not pause during the federal government shutdown, a North Carolina federal judge ruled, saying that such a halt, for an unknown length, would cause "severe disruptions" in the case and for the "ailing and older" plaintiffs.
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October 07, 2025
Approach The Bench: Judge Kaplan On Suit Against The Gov't
U.S. Court of Federal Claims Judge Elaine Kaplan's docket doesn't always garner attention in the same way trial court cases do, but that may change as the executive branch makes sweeping budget and policy changes that could lend more political significance to monetary claims against the government.
Expert Analysis
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Federal AI Action Plan Marks A Shift For Health And Bio Fields
The Trump administration's recent artificial intelligence action plan significantly expands federal commitments across biomedical agencies, defining a pivotal moment for attorneys and others involved in research collaborations, managing regulatory compliance and AI-related intellectual property, says Mehrin Masud-Elias at Arnold & Porter.
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Series
Adapting To Private Practice: From Texas AUSA To BigLaw
As I learned when I transitioned from an assistant U.S. attorney to a BigLaw partner, the move from government to private practice is not without its hurdles, but it offers immense potential for growth and the opportunity to use highly transferable skills developed in public service, says Jeffery Vaden at Bracewell.
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Advice For 1st-Gen Lawyers Entering The Legal Profession
Nikki Hurtado at The Ferraro Law Firm tells her story of being a first-generation lawyer and how others who begin their professional journeys without the benefit of playbooks handed down by relatives can turn this disadvantage into their greatest strength.
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How 9th Circ. Customs Ruling Is Affecting FCA Litigation
The Ninth Circuit’s recent Island Industries decision holding that the U.S. Court of International Trade doesn’t have exclusive jurisdiction over whistleblower suits involving import duties has set the stage for the False Claims Act to be a key weapon on the customs enforcement battlefield, say attorneys at Haynes Boone.
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Series
Coaching Cheerleading Makes Me A Better Lawyer
At first glance, cheerleading and litigation may seem like worlds apart, but both require precision, adaptability, leadership and the ability to stay composed under pressure — all of which have sharpened how I approach my work in the emotionally complex world of mass torts and personal injury, says Rashanda Bruce at Robins Kaplan.
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How To Address Tariff-Related Risks In Commercial Contracts
Companies' commercial agreements may not clearly prescribe which party bears the risks and consequences of tariff-related fallout, but cases addressing common-law defenses and force majeure have one key takeaway, say attorneys at Morgan Lewis.
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Series
Law School's Missed Lessons: How To Make A Deal
Preparing lawyers for the nuances of a transactional practice is not a strong suit for most law schools, but, in practice, there are six principles that can help young M&A lawyers become seasoned, trusted deal advisers, says Chuck Morton at Venable.
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11th Circ. Ruling Shows Federal Question Jurisdiction Limits
The Eleventh Circuit's recent decision in AST Science v. Delclaux shows why it is extremely difficult for litigants to maintain a state law cause of action in federal court under Supreme Court precedent, says Paul Avron at Berger Singerman.
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From Clerkship To Law Firm: 5 Transition Tips For Associates
Excerpt from Practical Guidance
Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.
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Cybersecurity Risks Can Lurk In Gov't Contractor Acquisitions
The Justice Department’s recent False Claims Act enforcement activity against Raytheon and Nightwing-related defense contractors demonstrates the importance of identifying and mitigating potential cybersecurity compliance risks when acquiring a company that contracts with the federal government, say attorneys at Foley & Lardner.
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Budget Act Should Boost Focus On Trade Compliance
Passage of the One Big Beautiful Budget Act, coupled with recent U.S. Department of Justice statements that it will use the False Claims Act aggressively to pursue trade, tariff and customs fraud, marks a sharp increase in trade-related enforcement risk, say attorneys at Debevoise.
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Associates Can Earn Credibility By Investing In Relationships
As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.
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Opinion
Congressional Bid Protest Concerns Lack Evidence
The U.S. Government Accountability Office's most recent congressionally mandated report on the bid protest process showed little reason for concern, and underlined that further scrutiny should cease until data is collected that would enable the identification of purported problems, say attorneys at Fox Rothschild.
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Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling
The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.
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Divest Order Shows How Security Fears Extend CFIUS Scope
A recent White House order forcing a Chinese company to divest its 2020 acquisition of a U.S. audiovisual supplier demonstrates the Committee on Foreign Investment in the United States’ growing power to sink foreign transactions over national security concerns — and the enormous risks to U.S. companies from such reviews, say attorneys at Bass Berry.