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Government Contracts
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January 06, 2025
Athira Inks $4M FCA Deal Over Ex-CEO's Research Fraud
Athira Pharma Inc. has agreed to pay $4 million to resolve allegations it used falsified academic research papers on neurological disorders like Alzheimer's to secure federal grants from the National Institute of Health, the U.S. Department of Justice announced Monday.
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January 06, 2025
$182M Army Corps Deal Protest Tripped Up By Employee Exit
The U.S. Government Accountability Office has rejected a protest over a $181.5 million U.S. Army Corps of Engineers construction contract, saying a key staff member's departure meant the protester wasn't eligible for the deal even if its protest was otherwise valid.
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January 06, 2025
Boeing, DOJ Given More Time To Rework 737 Max Plea Deal
The U.S. Department of Justice and The Boeing Co. have until mid-February to rework a plea agreement in the American aerospace giant's 737 Max criminal conspiracy case, a Texas federal judge ruled Saturday, ensuring that the incoming Trump administration will oversee final negotiations on any potential new deal.
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January 06, 2025
DOD Adds WeChat Owner, CATL To Chinese Military Co. List
The U.S. Department of Defense added dozens of businesses Monday to its list of companies affiliated with the Chinese military, including electric-car battery maker CATL and Tencent Holdings Ltd. — owner of the popular text-messaging app WeChat — prompting Tencent to slam the designation as "clearly a mistake."
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January 06, 2025
Impossible Registration Requirement Protest Ruled Untimely
The U.S. Government Accountability Office ruled that a protest over an impossible joint venture registration requirement in a U.S. Department of State architectural and engineering services deal was untimely, because the disputed requirement was clear in the contract solicitation.
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January 06, 2025
Space Biz Accused Of Gov't Satellite Contract Bait-And-Switch
A subcontractor hit a Colorado space company with a $17.2 million breach of contract lawsuit in federal court Saturday, accusing Sierra Space of adopting a bait-and-switch strategy in which it dragged out subcontracting negotiations in order to win a lucrative federal satellite contract and then awarded the business to a rival subcontractor.
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January 03, 2025
Boeing, DOJ Say No Agreement Yet For Revised 737 Max Plea
The Boeing Co. and the U.S. Department of Justice told a Texas federal judge Friday they have not yet reached an agreement on how to revise the aircraft manufacturer's plea agreement in the 737 Max criminal conspiracy case, after the judge last month rejected the initial deal.
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January 03, 2025
Vizgen Loses Antitrust Claims Against 10x In Biotech IP Fight
A Delaware federal court on Friday dropped Harvard's business partners at 10x Genomics Inc. out of some of the antitrust counterclaims by a rival biotech developer that is targeted in a patent lawsuit set for trial next month.
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January 03, 2025
Hospital Org Inks $135M Deal To End Ex-CFO's Fraud Claims
Community Health Network has agreed to pay $135 million to end federal healthcare fraud claims brought by its former chief financial officer, a deal reached two years after the Indiana healthcare system agreed to pay $345 million to settle False Claims Act allegations from the government in the qui tam action, the ex-CFO's counsel announced Thursday.
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January 03, 2025
Fla. Gov't Contractor Agrees To Pay $1M Over Rigging Bids
A Florida owner of two government contractors agreed to fork over $1 million to the U.S. government to settle civil allegations he conspired with a Massachusetts-based company to submit false bids and resulted in driving up the cost of U.S. Department of Defense contracts, federal officials said Friday.
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January 03, 2025
4th Circ. Won't Revive Bias Suit Over SBA Small Biz Program
A disabled veteran's constitutional challenge to a Small Business Administration contracting program over racial bias concerns must fail because the veteran didn't actually qualify for the program, the Fourth Circuit ruled Friday.
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January 03, 2025
Booz Allen To Pay $15.8M To Settle False Claims Case
Booz Allen Hamilton struck a $15.8 million settlement with the federal government Friday, resolving claims a subsidiary submitted false claims under a contract meant to supply computer military training simulators to the U.S. Department of Defense.
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January 03, 2025
Ex-Mich. Public Defender Fined For Revealing Client's 'Secret'
The retired director of the public defender's office in Muskegon, Michigan, has been handed a 75-day suspension and ordered to pay more than $3,000 in fees after disciplinary authorities found he shared a client's "confidence or secret" and failed to enact and enforce policies to avoid conflicts of interest in the office.
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January 02, 2025
IT Firm Loses Effort To Make GSA Add Evidence In Bid Protest
The U.S. Court of Federal Claims on Thursday reaffirmed that an information tech consulting firm can't force the federal government to add evidence to the administrative record in litigation over its terminated IT contract with the U.S. Air Force.
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January 02, 2025
Issa Again Selected To Lead House IP Subcommittee
Rep. Darrell Issa, R-Calif., will again lead the House subcommittee overseeing intellectual property in the upcoming Congress, a role in which he has sponsored bills seeking to limit how many patents can be asserted in biosimilar cases and require disclosure of litigation funding.
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January 02, 2025
Citi Unit Fined Over Analysts Who Didn't Take FINRA Exam
Citigroup Global Markets Inc. has agreed to pay $100,000 to resolve Financial Industry Regulatory Authority claims that three of its municipal securities research analysts authored hundreds of research reports without having taken their subject area's required exam.
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January 02, 2025
DC US Atty Matthew Graves Stepping Down Jan. 16
Matthew Graves, the U.S. attorney for D.C. who led the federal investigation into the Jan. 6, 2021, attack on the U.S. Capitol, said he'll be stepping down as the capital's top federal prosecutor four days before President-elect Donald Trump's inauguration.
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January 02, 2025
Hogan Lovells Gets $1.25M Afghanistan Award OK'd
Hogan Lovells won enforcement on Thursday of a $1.25 million arbitral award it won against Afghanistan over its representation of the country in various legal matters, an award that the new Taliban-led government has ignored for two years.
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January 02, 2025
GAO Rejects Telecom Co.'s Protest Of DOD Contract Denial
A Bahrain telecommunications company failed to specify the make and model of the equipment required to secure a U.S. Department of Defense contract, the Government Accountability Office said, rejecting the company's claim that the agency wrongly deemed its quote unacceptable.
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January 02, 2025
Feds Ink $1B Supply Deal With Constellation Nuke Plants
The U.S. General Services Administration said Thursday it has cut the largest energy procurement deal in its history after purchasing 10 million megawatt-hours of electricity from Baltimore-based Constellation New Energy Inc. in combined energy contracts totaling more than $1 billion.
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January 02, 2025
Trump Transition Underway At Key Environmental Agencies
President-elect Donald Trump's landing teams — tasked with aiding the upcoming transition in the White House — are busy gathering information to set the new administration on course to implement its priorities on day one.
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January 01, 2025
The Hottest Topics Appellate Attys Are Tracking In 2025
Appellate lawyers in 2025 should probably stock up on coffee and expect some all-nighters — numerous high-profile appeals, a new presidential administration and a new framework for legal challenges to regulations suggest it'll be an uncommonly tumultuous trip around the sun.
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January 01, 2025
Transportation Cases To Watch In 2025
The Boeing Co.'s 737 Max criminal conspiracy case, consolidated D.C. Circuit litigation targeting new vehicle fuel-economy standards, and a Texas high court battle over a massive trucking accident verdict are among the cases that transportation attorneys are watching closely in 2025.
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January 01, 2025
Trials To Watch In 2025
The coming year will bring the first bellwether trials in the closely watched federal baby formula mass litigation, the first courtroom battle over a COVID-19 vaccine patent and six major retailers' case against Visa and Mastercard over card swipe fees.
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January 01, 2025
Gov't Contracts Cases To Watch In 2025
Federal courts in 2025 are expected to rehear a finding underpinning a high-profile commercial item contracting dispute, to determine the allowability of contentious labor-related clauses in federal contracts, and to decide whether to back the government's aggressive enforcement of cybersecurity regulations.
Expert Analysis
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State Of The States' AI Legal Ethics Landscape
Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.
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11th Circ. Kickback Ruling May Widen Hearsay Exception
In a $400 million fraud case, U.S. v. Holland, the Eleventh Circuit recently held that a conspiracy need not have an unlawful object to introduce co-conspirator statements under federal evidence rules, potentially broadening the application of the so-called co-conspirator hearsay exception, say attorneys at ArentFox Schiff.
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8 Childhood Lessons That Can Help You Be A Better Attorney
A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.
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How A Trump Win Might Affect The H-1B Program
A review of the Trump administration's attempted overhaul of the H-1B nonimmigrant visa program suggests policies Donald Trump might try to implement if he is reelected, and specific steps employers should consider to prepare for that possibility, says Eileen Lohmann at BAL.
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Opinion
This Election, We Need To Talk About Court Process
In recent decades, the U.S. Supreme Court has markedly transformed judicial processes — from summary judgment standards to notice pleadings — which has, in turn, affected individuals’ substantive rights, and we need to consider how the upcoming presidential election may continue this pattern, says Reuben Guttman at Guttman Buschner.
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Series
Playing Diplomacy Makes Us Better Lawyers
Similar to the practice of law, the rules of Diplomacy — a strategic board game set in pre-World War I Europe — are neither concise nor without ambiguity, and weekly gameplay with our colleagues has revealed the game's practical applications to our work as attorneys, say Jason Osborn and Ben Bevilacqua at Winston & Strawn.
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Applying High Court's Domestic Corruption Rulings To FCPA
After the U.S. Supreme Court narrowed the domestic corruption statutes in three decisions over the past year and a half, it’s worth evaluating whether these rulings may have an impact on Foreign Corrupt Practices Act enforcement, and if attorneys can use the court’s reasoning in international bribery cases, says James Koukios at MoFo.
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Bid Protest Spotlight: Debriefings, Timeliness, Documentation
James Tucker at MoFo examines three recent decisions from the Federal Circuit, the U.S. Government Accountability Office and the U.S. Court of Federal Claims concerning an agency's decision not to hold post-award discussions, a timeliness trap in certain Federal Supply Schedule procurements and the importance of providing contemporaneous documentation in price-evaluation protests.
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Mental Health First Aid: A Brief Primer For Attorneys
Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.
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John Deere Penalty Shows Importance Of M&A Due Diligence
The U.S. Securities and Exchange Commission's recent $10 million penalty against John Deere underscores the risks of not conducting robust preacquisition due diligence and not effectively integrating a new subsidiary into the existing compliance framework, say attorneys at Ropes & Gray.
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Series
Collecting Art Makes Me A Better Lawyer
The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.
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Aviation Watch: Boeing Plea Agreement May Not Serve Public
The proposed plea agreement between the U.S. Department of Justice and Boeing — the latest outgrowth of the company's 737 Max travails — is opposed by crash victims' families, faces an uncertain fate in court, and may ultimately serve no beneficial purpose, even if approved, says Alan Hoffman, a retired attorney and aviation expert.
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Litigation Inspiration: Honoring Your Learned Profession
About 30,000 people who took the bar exam in July will learn they passed this fall, marking a fitting time for all attorneys to remember that they are members in a specialty club of learned professionals — and the more they can keep this in mind, the more benefits they will see, says Bennett Rawicki at Hilgers Graben.
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4 Ways To Prepare For DOD Cyber Certification Rule
Given the U.S. Department of Justice's increased scrutiny of contractor compliance with cybersecurity requirements, it is critical that contractors take certain steps now in response to the U.S. Department of Defense's proposed Cybersecurity Maturity Model Certification implementation rule, say Townsend Bourne and Lillia Damalouji at Sheppard Mullin.
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Opinion
AI May Limit Key Learning Opportunities For Young Attorneys
The thing that’s so powerful about artificial intelligence is also what’s most scary about it — its ability to detect patterns may curtail young attorneys’ chance to practice the lower-level work of managing cases, preventing them from ever honing the pattern recognition skills that undergird creative lawyering, says Sarah Murray at Trialcraft.