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Government Contracts
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February 23, 2026
DC Circ. Talks Sharks, Moats In Vertex HHS Kickback Appeal
Sharks and moats were top of mind Monday morning for one judge on the D.C. Circuit, as gene therapy drugmaker Vertex Pharmaceuticals attempted to convince the court that its fertility preservation program does not violate the Anti-Kickback Statute.
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February 23, 2026
Calif. Cities Sue Feds Over Grant Conditions Tied To DEI
Several cities and counties in California and Oregon have sued the federal government in California federal court, alleging the Trump administration is conditioning federal grants on recipients abandoning the promotion of diversity, equity and inclusion or "gender ideology," which could leave them with the untenable choice of forgoing critical funds.
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February 23, 2026
GAO Won't Undo $152M Military Electronic Scrap Sales Deal
The U.S. Government Accountability Office denied an Ohio-based company's protest of a $152 million electronic scrap sales contract, saying the Defense Logistics Agency got enough information about the winning offerer's California processing facility to find its proposal acceptable.
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February 23, 2026
FirstNet Renewal Gains Backing From Slew Of Groups
More than 70 emergency response groups are backing plans for a congressional re-up of the First Responder Network Authority ahead of its slated sunset a year from now, the bill's supporters said Monday.
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February 23, 2026
Judge Says $53M DOD Fuel Contract Suit Can Proceed
The U.S. Court of Federal Claims allowed a fuel company to continue seeking over $53 million in damages after the Defense Logistics Agency allegedly terminated its Djibouti fuel-supply contract in bad faith, rejecting the agency's invocation of related litigation.
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February 23, 2026
Justices Deny Review Of Consultancy's $5M SBA Loan Suit
The U.S. Supreme Court on Monday let stand a lower court ruling that found a risk management firm's $5 million loan did not qualify for debt relief from the U.S. Small Business Administration during the COVID-19 pandemic.
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February 20, 2026
Siemens Seeks $2.2M From US Army Over Canceled Contract
Siemens Government Technologies Inc. has accused the U.S. Army of deciding not to issue the company an energy-saving task order to avoid paying for the $2.2 million in preliminary work the agency instructed the contractor to perform.
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February 20, 2026
Dallas Jury Finds Ex-NFL Player Ran $328M Medicare Scheme
A federal jury in Dallas has found that former NFL player and Texas laboratory owner Keith Gray orchestrated a $328 million fraud scheme involving billing for cardiovascular genetic testing, federal prosecutors said Thursday.
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February 20, 2026
DuPont Atty's Clerkship Leads Judge To Reconsider Recusal
A Connecticut federal judge on Friday said he would reconsider a decision not to step away from a perfluoroalkyl and polyfluoroalkyl substances lawsuit after his former law clerk appeared for several DuPont-related defendants and his daughter landed a job at a firm that represents fellow defendant 3M.
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February 20, 2026
Colo. Town Says Water District Can't End Agreement Yet
A small Colorado town alleges that the district responsible for overseeing water distribution and treatment for the entire town is attempting to improperly terminate an agreement in violation of the contract and Colorado law.
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February 20, 2026
Kaiser Sues Insurers To Tap $95M D&O Policy For Fraud Deal
Kaiser Foundation Health Plan sued Chubb and other insurers in California federal court Friday seeking to tap $95 million in directors and officers liability coverage for a recently settled whistleblower action that accused Kaiser of submitting false diagnoses for Medicare Advantage Plan enrollees.
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February 20, 2026
Milwaukee Accuses Fire Truck Giants Of Rigging The Market
The city of Milwaukee has alleged in a proposed class action that the country's largest fire truck makers and their trade group conspired to slow production so they could force cities and their departments to pay inflated prices.
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February 19, 2026
Judge Denies Mylan And Aurobindo's Bid To Escape Trial
A Connecticut federal judge has once again rejected generic-drug makers' bid to escape a multistate lawsuit accusing them of engaging in an overarching antitrust conspiracy, saying the evidence supports the need for a jury trial on whether the companies colluded to fix prices and divvy up markets for dozens of generic drugs.
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February 19, 2026
DOJ Shifts FCA Focus From Anti-DEI To Antidiscrimination
A U.S. Department of Justice deputy assistant attorney general said on Thursday that the Trump administration is not investigating federal contractors and grant recipients for their diversity, equity and inclusion programs but for potentially engaging in discrimination.
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February 19, 2026
Judge Hesitant To DQ Prosecutor In Fla. Foreign Agent Case
A Florida federal judge seemed hesitant Thursday to disqualify a federal prosecutor in the criminal case against a former Florida congressman and a lobbyist accused of failing to register as foreign agents for Venezuela but chided the U.S. Attorney's Office for not providing more information to rebut the bias accusations and "put this to rest."
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February 19, 2026
Colo. Metro District Wants Claim Paid On $2M Project
A metropolitan district in Arvada, Colorado, has told a state court that its insurer wrongfully denied a claim to complete work on a $2 million construction project after the city deemed the work completed by the contractor insufficient.
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February 19, 2026
GAO Affirms Cost Analysis Of $45M Navy Contract
The U.S. Government Accountability Office denied a protest from a program-management firm over a nearly $45 million U.S. Navy contract award, finding the agency did not rely on faulty data when evaluating the price tag of the winning proposal.
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February 19, 2026
Pharma Group Asks 1st Circ. To Ax RI's 340B Drug Price Law
A pharmaceutical trade group has urged the First Circuit to overturn a district court's order siding with a Rhode Island law that bars drug manufacturers from blocking hospitals and clinics from contracting with outside pharmacies to dispense discounted drugs under the federal 340B Discount Drug Program.
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February 19, 2026
GAO Finds No Proof Contract Winner Misrepresented Staffing
The U.S. Government Accountability Office denied a protest from a Virginia technology firm, finding that the company did not support its allegations of a "bait and switch" in the award of a U.S. Department of Homeland Security task order.
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February 19, 2026
AstraZeneca Prevails In Whistleblower Suit 9th Circ. Revived
An Oregon federal judge tossed a former AstraZeneca sales manager's whistleblower claims that she was fired for accusing a colleague of promoting off-label drugs, in a case that took a trip to the Ninth Circuit and back.
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February 19, 2026
Barnes & Thornburg Adds 35 Ballard Spahr Attys, 3 Offices
Barnes & Thornburg LLP announced Thursday that it has added all 35 public finance lawyers from Ballard Spahr LLP to its government services and finance department in multiple locations around the country, including three new markets in Baltimore, Denver and Phoenix.
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February 18, 2026
Fluor Must Disclose Amounts Paid To Trial Witnesses
A South Carolina federal judge ordered Fluor Corp. on Tuesday to disclose how much it has paid fact witnesses amid a trial over claims Fluor overcharged the military, but declined to invalidate the company's compensation agreements with the witnesses.
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February 18, 2026
Va. Energy Sues Feds Over $144M Funding Clawback
The Virginia Department of Energy sued the federal government Tuesday in the U.S. Court of Federal Claims, alleging the U.S. Environmental Protection Agency's decision to claw back $144 million in funds obligated under the agency's Solar for All program violated the parties' grant agreement.
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February 18, 2026
Hudson Tunnel Agency Blasts 'Threadbare' Union-Limits Suit
The Gateway Development Commission has urged a New Jersey federal judge to dismiss nearly all claims brought by a Garden State construction company over the use of a project labor agreement on a major segment of the Hudson Tunnel Project, arguing the suit rests on "conclusory and threadbare allegations."
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February 18, 2026
Feds Release $130M NY, NJ Gateway Hudson Tunnel Funds
New York and New Jersey officials said Wednesday that construction on the $16 billion rehabilitation of aging commuter train tunnels under the Hudson River would resume next week after the federal government released $130 million in funds that a federal judge in Manhattan recently ruled had been unlawfully frozen.
Expert Analysis
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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.
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Series
Quilting Makes Me A Better Lawyer
Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.
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Utility Agency Suits May Rise As Calif. Justices Nix Deference
A recent California Supreme Court ruling rejecting the uniquely deferential standard of review accorded to California Public Utilities Commission decisions interpreting the Public Utilities Code will incentivize more litigation against the agency, as long as litigants can show their challenges meet certain requirements, says Thaila Sundaresan at Davis Wright.
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What 2 Profs Noticed As Transactional Law Students Used AI
After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.
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Top Takeaways From Trump's AI Action Plan
President Donald Trump's AI Action Plan represents some notable evolution in U.S. policy, including affirmation of the administration's trend toward prioritizing artificial intelligence innovation over guardrails and toward supporting greater U.S. private sector reach overseas, say attorneys at WilmerHale.
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Rebuttal
BigLaw Settlements Should Not Spur Ethics Deregulation
A recent Law360 op-ed argued that loosening law firm funding restrictions would make BigLaw firms less inclined to settle with the Trump administration, but deregulating legal financing ethics may well prove to be not merely ineffective, but counterproductive, says Laurel Kilgour at the American Economic Liberties Project.
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Bid Protest Spotlight: Injunctions, Unequal Treatment
Two recent decisions by the Court of Federal Claims and the U.S. Government Accountability Office illustrate how poorly defined criteria can muddle an agency's evaluation and best-value decision, and affirm the fundamental principle that an agency must evenhandedly evaluate vendors' quotations against solicitation requirements, says Victoria Angle at MoFo.