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Government Contracts
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March 26, 2024
'Landmark' Trans Women Prison Housing Deal Gets Final OK
A Colorado state judge on Tuesday approved a consent decree between the state and a class of transgender women who sued over dangerous housing conditions in state prisons and now hope the plan to accommodate their needs will spread to other states.
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March 26, 2024
AI Weapons Detector Faces Investor Suit After Gov't Probes
Evolv Technologies, which makes metal detectors that purportedly use artificial intelligence to detect weapons, is facing a proposed shareholder class action in Massachusetts federal court alleging that false claims about its products' abilities to screen for types of tactical knives and guns led to federal investigations and share declines.
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March 26, 2024
Army Found Not Liable For Canceled Third-Party Lease
A Court of Federal Claims judge on Tuesday tossed a $2.6 million lawsuit seeking to hold the U.S. Army liable for the early cancellation of a railroad lease, finding the railroad operator's contract was with a "middleman," not the Army itself.
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March 26, 2024
Late Navy Lt.'s Dad Says Northrop Lied About Aircraft Safety
The father of a U.S. Navy lieutenant who died during an aviation training mission alleges Northrop Grumman Corp. lied to the Navy about the safety of its advanced Hawkeye aircraft despite receiving hazard reports on engine failures dating back to 2015.
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March 26, 2024
Polsinelli Adds Arnold & Porter Gov't Contracts Shareholder
Polsinelli PC has added an Arnold & Porter Kaye Scholer LLP partner in Washington, D.C., who focuses his practice on government contracts, procurement law and other related matters, the firm announced Tuesday.
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March 25, 2024
Former Next Health Exec Sanctioned For Evidence Slipup
A Texas federal judge sanctioned a former executive at the scandal-ridden ancillary services company Next Health, but didn't go so far as to level a case-killing default judgment against him, saying that while the plaintiffs lost access to key data, the executive didn't act with bad faith.
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March 25, 2024
Ex-LA Official Downplayed Role In Huizar Bribes, Jury Told
An FBI agent told California federal jurors in former Los Angeles Deputy Mayor Raymond Chan's criminal trial Monday that Chan denied facilitating bribes between then-city councilor Jose Huizar and a developer when initially questioned by investigators, despite evidence showing he helped orchestrate Las Vegas trips and loans to help Huizar.
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March 25, 2024
SolarWinds Makes Renewed Bid To Toss SEC Cyber Suit
SolarWinds Corp. has asked a New York federal court to dismiss an amended suit it is facing from the U.S. Securities and Exchange Commission, saying the agency cites documents that contradict its claims against the government contractor.
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March 25, 2024
IHS Fears Budget Cuts Over Tribal Healthcare Funding Case
Federal government attorneys told the U.S. Supreme Court on Monday that Indian Health Services might be forced to cut its budget by 40% if two Native American tribes prevail in their bids to uphold rulings that ordered they be reimbursed millions in administrative healthcare costs.
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March 25, 2024
Wash. Asks Judge To Undo Block Of ICE Detention Center Law
Washington Gov. Jay Inslee has urged a federal judge to reconsider a recent ruling halting the state from conducting unannounced inspections and imposing new health and safety standards at an immigration detention facility, saying the decision "rests on legal error."
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March 25, 2024
DOJ Slammed For Backing GEO Group In Detainee Wage Fight
A group of immigrant detainees has urged the Ninth Circuit to reject the federal government's stance that a privately run detention center in Tacoma is exempt from Washington's minimum wage, saying the United States has failed to point to any conflicting federal laws.
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March 25, 2024
5th Circ. Told Procurement Act Limits Biden's Wage Power
The Biden administration lacks authority to implement a $15-per-hour minimum wage for government contractors, three Southern states told the Fifth Circuit, because the Procurement Act only empowers the executive branch to trim federal expenditures.
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March 25, 2024
DOJ Calls Probe Of Alleged SpaceX Hiring Bias Constitutional
The U.S. Department of Justice has defended its investigation into allegations that SpaceX refused to hire asylum-seekers and refugees, telling a Texas federal judge that its authority stems from a constitutionally sound provision of federal immigration law barring workplace discrimination based on citizenship status.
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March 25, 2024
Texas Judge Extends Stay On Border Wall Funding Order
A Texas federal judge briefly extended a pause on an injunction directing the Biden administration to use funding Congress appropriated to build physical barriers on the Southwest border for that purpose, as the administration asks for clarification of the order, saying it could otherwise make it hard to build anything.
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March 25, 2024
Justices Won't Review 11th Circ. $285M Arbitrator Bias Suit
The U.S. Supreme Court on Monday declined to review an Eleventh Circuit decision refusing to vacate $285 million in arbitral awards issued to the operator of the Panama Canal, a case that the petitioners said raised questions about the standard by which courts may nix awards over an arbitrator's "evident partiality."
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March 22, 2024
Up Next At High Court: Abortion, Jury Trials And Estate Tax
The U.S. Supreme Court will hear oral arguments this week over the U.S. Food and Drug Administration's decision expanding access to popular abortion pill mifepristone as well as whether juries should determine a defendants' eligibility for repeat offender enhanced sentencing under the Armed Career Criminal Act and how long federal employees have to appeal adverse employment decisions.
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March 22, 2024
Watchdog Calls To Redo $896M Migrant Transport Deal
The U.S. General Services Administration must redo an $896 million contract to transport unaccompanied migrant children, after a federal watchdog determined that the deal was awarded to a company whose proposed contract lead may be unqualified to oversee the contract.
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March 22, 2024
Prostitutes, Wiretaps, Payoffs: Key LA RICO Witness Tells All
A witness in former Los Angeles deputy mayor Ray Chan's racketeering trial testified Friday about trying to boost his high-end cabinetry business by procuring prostitutes for a city council member, paying more than $150,000 in bribes and attempting to give a city official $10,000 at Chan's behest.
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March 22, 2024
Justices Asked To Review $36M Sanctions Order In TM Case
A man who works in the field of marketing and ad copywriting has asked the U.S. Supreme Court to overturn a $36 million sanctions order against him and several companies in a trademark case.
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March 22, 2024
Boston Soccer Stadium Project Gets Green Light From Judge
A plan by the city of Boston to turn a stadium inside historic Franklin Park over to a professional women's soccer team can continue moving forward, after a judge on Friday denied a requested injunction to halt it.
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March 22, 2024
Colo. City Wins $13.5M For Software Co.'s Trickery
A Colorado federal judge says a software company that was found to have lied to secure a multimillion project with the city of Fort Collins must pay $13.5 million for the city's costs stemming from its fraud.
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March 22, 2024
Judge Cuts ICE Contractor, Keeps US In Medical Abuse Suit
A Georgia federal judge on Friday left standing only a narrow sliver of class claims against the federal government from immigrant women alleging they underwent invasive, unnecessary medical procedures while in federal custody, dismissing the bulk of their lawsuit.
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March 22, 2024
States Say Prez Doesn't Have Power To Hike Contractor Pay
Four states told the Ninth Circuit that the Biden administration's implementation of a $15-per-hour minimum wage for federal contractors was unlawful, arguing that the government misinterpreted a statement of statutory purpose as a mandate for broad regulatory authority.
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March 22, 2024
RTX Loses Second Dispute Over Contract Conflict Of Interest
A Court of Federal Claims judge has tossed RTX Corp.'s lawsuit alleging it was wrongly excluded from a $54.1 million Navy anti-missile technology contract based on an employee's former Navy job, despite RTX's argument that there was no conflict of interest.
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March 22, 2024
Phone Cos., Counties Profit From Jail Visit Bans, Families Say
Two prison telecommunications service providers have been hit with lawsuits in Michigan state court claiming they worked with jail operators to restrict in-person visits in order to boost their profits from lockup video and phone calls.
Expert Analysis
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Practical Steps For Navigating New Sanctions On Russia
After the latest round of U.S. sanctions against Russia – the largest to date since the Ukraine war began – companies will need to continue to strengthen due diligence and compliance measures to navigate the related complexities, say James Min and Chelsea Ellis at Rimon.
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Bid Protest Spotlight: Conflict, Latent Ambiguity, Cost Realism
In this month's bid protest roundup, Markus Speidel at MoFo examines a trio of U.S. Government Accountability Office decisions with takeaways about the consequences of a teaming partner's organizational conflict of interest, a solicitation's latent ambiguity and an unreasonable agency cost adjustment.
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Think Like A Lawyer: Forget Everything You Know About IRAC
The mode of legal reasoning most students learn in law school, often called “Issue, Rule, Application, Conclusion,” or IRAC, erroneously frames analysis as a separate, discrete step, resulting in disorganized briefs and untold obfuscation — but the fix is pretty simple, says Luke Andrews at Poole Huffman.
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Valeant Ruling May Pave Way For Patent-Based FCA Suits
The Ninth Circuit’s recent ruling in Silbersher v. Valeant marks a significant development in False Claims Act jurisprudence, opens new avenues for litigation and potentially raises the stakes for patent applicants who intend to do business with the government, say Joshua Robbins and Rick Taché at Buchalter.
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How Firms Can Ensure Associate Gender Parity Lasts
Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.
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7 Common Myths About Lateral Partner Moves
As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.
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Series
Cheering In The NFL Makes Me A Better Lawyer
Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.
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Unpacking The New Russia Sanctions And Export Controls
Although geographically broad new prohibitions the U.S., U.K. and EU issued last week are somewhat underwhelming in their efforts to target third-country facilitators of Russia sanctions evasion, companies with exposure to noncompliant jurisdictions should pay close attention to their potential impacts, say attorneys at Shearman.
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Args In APA Case Amplify Justices' Focus On Agency Power
In arguments last week in Corner Post v. Federal Reserve, the U.S. Supreme Court justices paid particular importance to the possible ripple effects of their decision, which will address when a facial challenge to long-standing federal rules under the Administrative Procedure Act first accrues and could thus unleash a flood of new lawsuits, say attorneys at Snell & Wilmer.
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Mitigating Whistleblower Risks After High Court UBS Ruling
While it is always good practice for companies to periodically review whistleblower trainings, policies and procedures, the U.S. Supreme Court’s recent whistleblower-friendly ruling in Murray v. UBS Securities helps demonstrate their importance in reducing litigation risk, say attorneys at Arnold & Porter.
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A Cautionary Tale On Hospital-Physician Alignment Structures
A $345 million settlement between the U.S. Department of Justice and Community Health Network highlights how quickly hospital and physician alignment relationships can violate legal restrictions on such dealings, and the onerous financial penalties that can ensue, say Robert Threlkeld and Elliott Coward at Morris Manning.
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Contract Disputes Recap: The Terms Matter
Stephanie Magnell and Zachary Jacobson at Seyfarth examine recent decisions from the U.S. Civilian Board of Contract Appeals, the Armed Services Board of Contract Appeals and the U.S. Court of Federal Claims, which offer reminders about the importance of including contract terms to address the unexpected circumstances that may interfere with performance.
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6 Pointers For Attys To Build Trust, Credibility On Social Media
In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.
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Opinion
Biden Admin's March-In Plan Would Hurt Medical Innovation
The Biden administration's proposal to reinterpret the Bayh-Dole Act and allow the government to claw back patents when it determines that a commercialized product's price is too high would discourage private investment in important research and development, says Ken Thorpe at the Rollins School of Public Health.
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A Post-Mortem Analysis Of Stroock's Demise
After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.