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Government Contracts
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January 28, 2025
4th Circ. Raises Questions Over Health Data Access Order
A Fourth Circuit panel focused Tuesday on whether an exception to federal law barring electronic health record companies from blocking the exchange of patient data applies to a request from Real Time Medical Systems to access nursing home data from PointClickCare.
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January 28, 2025
Trump Wants 'Iron Dome' Missile Defense System For US
President Donald Trump has ordered the U.S. Department of Defense to create an "Iron Dome" defense system to protect against ballistic missiles and other advanced aerial threats, saying those weapons pose the "most catastrophic threat" to the U.S.
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January 28, 2025
Nestle Plant Can Switch Power Providers, Ga. Justices Rule
The Supreme Court of Georgia ruled Tuesday that Nestle should have been allowed to switch electricity providers from Georgia Power to Walton EMC after renovating a former warehouse facility in Hartwell, Georgia.
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January 28, 2025
'Right To Hug' Case In Michigan Draws ACLU Support
The American Civil Liberties Union and 15 other organizations urged a Michigan appeals court to hold that children have a right to in-person visits with their incarcerated parents, describing in a friend-of-the-court brief the long-lasting psychological effects of isolating child from parent.
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January 28, 2025
Biz Groups Seek To Defend Embattled DOT Diversity Program
Women- and minority-owned businesses and advocacy groups asked a Kentucky federal judge to let them intervene against litigation aimed at ending the U.S. Department of Transportation's Disadvantaged Business Enterprise program, saying the government is unlikely to defend it with President Donald Trump in office.
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January 28, 2025
Senate Confirms Sean Duffy As DOT Secretary
The U.S. Senate on Tuesday confirmed former Wisconsin congressman Sean Duffy to be secretary of the U.S. Department of Transportation.
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January 28, 2025
Judge Temporarily Halts Trump's Funding Freeze
A D.C. federal judge on Tuesday temporarily blocked a Trump administration freeze on federal spending that was set to go into effect at 5 p.m., as a group of nearly two dozen attorneys general filed a separate case challenging what they described as an illegal and potentially catastrophic move.
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January 28, 2025
DOD Raises Propulsion Program Contract Ceiling To $3.5B
The U.S. Air Force modified two contracts previously awarded to GE Edison Works and Pratt & Whitney to develop engines intended to be used in its next-generation fighter jets, boosting the contract ceiling from $975 million to $3.5 billion.
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January 27, 2025
Feds May Trim $2B In Leases Over Trump's Term, Trepp Says
Following President Donald Trump's order on Inauguration Day that federal workers return to the office, a Trepp report finds more than a third of all office space leased by the federal government could potentially be terminated during Trump's second term.
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January 27, 2025
Judge Grants Bid For Docs, Code In EPassport Fight
A Court of Federal Claims judge partially granted a German company's bid to secure discovery materials from the U.S. government and a French cybersecurity firm for its suit accusing the government of infringing on patents related to electronic passport readers.
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January 27, 2025
VA To Nix $6.1M In Contracts Under Trump's DEI Order
The U.S. Department of Veterans Affairs announced Monday that it has placed dozens of employees on paid leave and will cancel $6.1 million worth of contracts as part of efforts to root out diversity, equity and inclusion activities.
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January 27, 2025
General Atomics Asks Musk Team To Reform Arms Acquisitions
General Atomics Aeronautical Systems Inc.'s CEO published an open letter Monday to the U.S. Department of Government Efficiency, urging leader Elon Musk to refine the defense acquisition processes to bolster global security, making it the second letter sent to the newly created agency by a defense contractor proposing suggestions on reducing bureaucracy.
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January 27, 2025
Contractor Seeks DC Circ. Approval Of $200M Arbitral Award
A toll road contractor asked the D.C. Circuit to approve a $200 million arbitral award against the Peruvian city of Lima over a failed construction contract, saying the city's argument that the contract was obtained through corruption had already been rejected by two arbitration panels and a federal judge.
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January 24, 2025
Companies Risk White House Wrath By Keeping DEI Programs
For companies pushing forward with their diversity, equity and inclusion initiatives amid a torrent of attacks from President Donald Trump and his allies, there are myriad potential risks ahead — and murky questions about the legal parameters of Trump's anti-DEI agenda.
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January 24, 2025
DOL Ends All Contractor Bias Probes Following Trump Order
The U.S. Department of Labor on Friday halted all investigations and enforcement in the wake of President Donald Trump's executive order earlier this week pulling a longstanding, core legal authority used to prevent federal contractors from discriminating against workers.
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January 24, 2025
Pfizer To Pay $59M Over Unit's Migraine Drug Kickbacks
The U.S. Department of Justice announced Friday that Pfizer has agreed in New York federal court to pay $59.7 million to resolve allegations that one of its subsidiaries caused false Medicare claims by paying kickbacks to physicians to induce prescriptions of migraine drug Nurtec ODT.
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January 24, 2025
Boeing Takes $1.7B Hit On Fixed-Price Defense Deals
The Boeing Co. said it will take a further $1.7 billion hit on fixed-price space and defense programs that have already caused the company years of losses, citing issues such as increased production costs and disruptions from a recent strike.
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January 24, 2025
Protest Over '11th Hour' VA Bid Change Too Late, GAO Says
A North Carolina company missed its window to challenge a late-night modification to a U.S. Department of Veterans Affairs solicitation for groundskeeping services, the U.S. Government Accountability Office said, denying a protest over the company's exclusion from competition for the contract.
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January 24, 2025
5th Circ. Upholds Tossing Medicare Rate Policy Challenge
A Fifth Circuit panel said it agrees with a Texas federal judge that a lawsuit brought by four anesthesia practices claiming a Centers for Medicare and Medicaid Services policy will cost them $4 million in reduced reimbursements is statutorily barred.
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January 24, 2025
GSA Taps Ex-BlackRock Atty As New GC
The General Services Administration has tapped Russell McGranahan, the former general counsel of Focus Financial Partners who held legal roles at BlackRock and in private practice for almost 30 years, as its next general counsel, according to a Friday announcement.
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January 23, 2025
Limits On Biden's Contracting Power Could Also Hinder Trump
A Trump administration order barring federal contractors from engaging in diversity, equity and inclusion programs could face court challenges, following the path of decisions rejecting the Biden administration's arguments it had statutory authority for minimum wage and vaccine requirements.
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January 23, 2025
4th Circ. Reads Kickback Law Broadly In Loss For Big Pharma
The Fourth Circuit on Thursday affirmed a Virginia federal judge's ruling against a pharmaceuticals industry-backed charity looking to weaken the Anti-Kickback Statute, holding that a proposed program for helping patients cover the cost of drugs could indeed constitute a quid pro quo.
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January 23, 2025
Fox Raises Specter Of Corruption In LA's Smartmatic Contract
Fox News has filed a public records lawsuit suggesting that Los Angeles County officials may have taken bribes to award a 2020 election contract to Smartmatic, the voting technology company currently pursuing a $2.7 billion defamation suit over Fox's coverage of that election.
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January 23, 2025
DOD Watchdog Finds Audits Didn't Follow Required Standards
A U.S. Department of Defense watchdog has said a limited review of incurred-cost audits completed by commercial, nonfederal auditors brought on to help clear a backlog found the auditors did not fully comply with federal government auditing standards in about two-thirds of the audits.
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January 23, 2025
GAO Says DOD Should Improve Modular Open Systems Use
The U.S. Department of Defense is not properly considering a modular open systems approach to designing weapons systems, despite recent legislation requiring it do so "to the maximum extent practicable," the Government Accountability Office said Wednesday.
Expert Analysis
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How New Fraud Enforcement Tool Affects Gov't Contractors
Government contractors will likely face greater scrutiny under the recently enacted Administrative False Claims Act, which broadens federal agencies' authority to pursue low-dollar fraud claims, but contractors may also find the act makes settlement of such claims easier to negotiate, say attorneys at Wiley.
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Exploring Venue Strategy For Trump-Era Regulatory Litigation
Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.
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Series
Playing Esports Makes Me A Better Lawyer
Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
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An Associate's Guide To Career Development In 2025
As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.
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How White Collar Enforcement May Shift In Trump's 2nd Term
After President-elect Donald Trump returns to the White House next month, the administration’s emphasis on immigration laws, drug offenses and violent crime will likely reduce the focus on white collar crime overall, but certain areas within the white collar world may see increased activity, say attorneys at Keker Van Nest.
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Contract Disputes Recap: Adjustments, Preclusion, Waivers
Ken Kanzawa at Seyfarth examines three recent decisions from the Civilian Board of Contract Appeals, the U.S. Court of Federal Claims and the Armed Services Board of Contract Appeals that examine distinctions between requests for equitable adjustments and claims, forum selection and res judicata, and the waiver of penalties for expressly unallowable costs.
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Series
Fixing Up Cars Makes Me A Better Lawyer
From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.
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Making The Pitch To Grow Your Company's Legal Team
In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.
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Compliance Lessons From Raytheon's FCPA Settlement
A recent Foreign Corrupt Practices Act action involving aerospace and defense company Raytheon underscores the importance of risk management related to retaining and overseeing third parties — especially in higher-risk jurisdictions — and the promotion of a companywide culture of compliance, say attorneys at Debevoise.
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Top 10 Whistleblowing And Retaliation Events Of 2024
From a Florida federal court’s ruling that the False Claims Act’s qui tam provision is unconstitutional to a record-breaking number of whistleblower tips filed with the U.S. Commodity Futures Trading Commission, employers saw significant developments in the federal and state whistleblower landscapes this year, say attorneys at Proskauer.
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When US Privilege Law Applies To Docs Made Outside The US
As globalization manifests itself in disputes over foreign-created documents, a California federal court’s recent trademark decision illustrates nuances of both U.S. privilege frameworks and foreign evidentiary protections that attorneys must increasingly bear in mind, say attorneys at Hunton.
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Bid Protest Spotlight: Standing, Relationships, Responsibility
In this month's bid protest roundup, Alissandra McCann at MoFo examines three recent decisions from the U.S. Court of Federal Claims and the U.S. Government Accountability Office, offering helpful reminders about claims court jurisdiction and standing, meaningful-relationship commitment letters, and responsibility determinations.
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Preparing For More Limber Federal Supply Chain Oversight
Ahead of the Federal Acquisition Security Council Improvement Act, which would speed up federal acquisition security risk investigations and federal procurement bans, companies should take steps to identify indirect involvement with foreign adversaries in their supply chains and prepare to respond quickly to a FASC recommendation, say attorneys at Morgan Lewis.
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What 2024 Trends In Marketing, Comms Hiring Mean For 2025
The state of hiring in legal industry marketing, business development and communications over the past 12 months was marked by a number of trends — from changes in the C-suite to lateral move challenges — providing clues for what’s to come in the year ahead, says Ben Curle at Ambition.
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Series
Group Running Makes Me A Better Lawyer
The combination of physical fitness and community connection derived from running with a group of business leaders has, among other things, helped me to stay grounded, improve my communication skills, and develop a deeper empathy for clients and colleagues, says Jessica Shpall Rosen at Greenwald Doherty.