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Government Contracts
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October 14, 2025
Construction Co. Says Insurer Owes $12M On Military Project
A construction company sued its subcontractor and an insurance company in North Carolina state court, seeking more than $12 million in damages after the subcontractor allegedly failed to follow through on mechanical and plumbing work at a U.S. Marine Corps air station.
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October 14, 2025
Rural Phone Co. Asks FCC To Revisit $3M Subsidy Clawback
A rural phone carrier has urged the full Federal Communications Commission to review a decision to claw back $3 million in universal service aid, claiming the move ran counter to an executive order and federal law.
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October 14, 2025
USPS Bailed On Wash. Real Estate Deal, Developer Claims
A developer and its affiliate have claimed in federal court that the U.S. Postal Service violated an agreement to develop a piece of land in Issaquah, Washington, and split the proceeds from its sale.
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October 14, 2025
Humana's 2025 Medicare Ratings Sound, Judge Says
A Texas federal judge on Tuesday upheld the Centers for Medicare & Medicaid Services' 2025 star ratings for some of Humana Inc.'s Medicare Advantage plans, saying the agency had the right to hand down a poor rating to the insurer.
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October 14, 2025
Aetna Dodges Colo. County's $1.1M Suit Over Unpaid Rebates
A Colorado federal judge has dismissed a county's lawsuit alleging Aetna Life Insurance Co. withheld more than $1 million in pharmacy rebates under an unenforceable early termination clause, agreeing with the insurance company that the clause is valid and enforceable.
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October 14, 2025
DC Circ. Questions Nonprofits' Standing In Funding Cuts Case
A D.C. Circuit panel expressed skepticism Tuesday that nonprofits challenging the Justice Department's termination of immigration court assistance funding could simultaneously have standing to bring their case while also keeping it out of the Court of Federal Claims, where a district judge effectively sent it in July.
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October 14, 2025
Colo. Biz Accuses VA Of Ignoring Veteran-Owned Suppliers
A Colorado company accused the U.S. Department of Veterans Affairs of improperly greenlighting purchases of electrocardiogram leads from a large overseas business when American-made items are available from it and other veteran-owned small businesses.
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October 14, 2025
Dentons Adds McGuireWoods Consulting Lobbying Pro In Ga.
Dentons has brought on an assistant vice president at McGuireWoods Consulting LLC in its Atlanta office, strengthening its state government affairs and public policy team.
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October 14, 2025
Ex-Atty Says Contested Embezzlement Not Denial Of Remorse
A Pennsylvania attorney disbarred for allegedly embezzling money from the Philadelphia school district told an ethics panel Tuesday that he should be reinstated because a disciplinary hearing committee ignored evidence that he had shown remorse, all while denying he'd directly benefited from the scheme.
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October 14, 2025
9th Circ. Weighs Antrix's Bid To Nix Approval Of $1.3B Award
Antrix Corp. Ltd. is urging the Ninth Circuit to once again refuse to enforce a decade-old $1.3 billion arbitral award issued to a satellite communications company, arguing that the award has been set aside in India and that, in any case, jurisdictional obstacles stand in the litigation's way.
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October 14, 2025
2nd Circ. Weighs Taking 'Novel' ICE Detainee Labor Appeal
A Second Circuit panel mulled Tuesday if it should consider on an interlocutory basis if the New York Labor Law covers a class of detainees who allege they were underpaid by a for-profit company that manages a Buffalo-area immigration detention facility.
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October 10, 2025
9th Circ. Flouting 'Imperial Judiciary' Warning, Judges Assert
A large contingent of Ninth Circuit judges accused colleagues Friday of ignoring recent U.S. Supreme Court decisions limiting legal remedies in politically charged disputes, adding fresh fuel to a heated debate over the judiciary's handling of suits against the Trump administration.
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October 10, 2025
4th Circ. Denies Shutdown-Based Stay In DOGE Access Case
A Fourth Circuit panel has refused to grant the government more time to respond to several major unions' petition for an en banc rehearing regarding the panel's split August decision granting the Department of Government Efficiency access to personal data that is held by several federal agencies.
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October 10, 2025
AI Company Wants Justices' Input On 'Interested Party' Ruling
Percipient.ai urged the U.S. Supreme Court to review an en banc Federal Circuit ruling limiting who qualifies as an interested party eligible to protest an alleged statutory violation committed by the government in connection with a procurement at the U.S. Court of Federal Claims.
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October 10, 2025
Senate Passes $925B Defense Bill, Ends Military Force In Iraq
The U.S. Senate approved a $924.7 billion defense policy and budget bill for 2026 late Thursday evening, which includes an amendment that would formally end Congress' decades-old authorizations for the use of military force in Iraq.
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October 10, 2025
Philly-Area Transit System Rider Files Rate Hike Class Claims
A proposed class action accused the Southeastern Pennsylvania Transportation Authority of "playing chicken" with the Pennsylvania state Legislature and enacting "doomsday" fare increases to force lawmakers to give the agency a bigger budget, and the suit asked a state court to undo the price hike.
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October 10, 2025
Curaleaf Says NJ's Pot Shop Union Requirement Bucks NLRA
Curaleaf Holdings Inc. is suing the New Jersey Cannabis Regulatory Commission in federal court, saying the commission's requirement that cannabis companies have "labor peace agreements" with particular unions is preempted by the National Labor Relations Act.
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October 10, 2025
Mich. Panel Says Detroit Flouted Surveillance Tech Notice Law
Detroit failed to comply with procedural requirements before inking contracts for gunshot detecting technology, a Michigan appellate panel said Thursday, leaving it to a lower court to determine if the contracts should be canceled due to the violations.
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October 10, 2025
Conn. AG Nets Bid-Rigging Deal With Moving Companies
Two Connecticut moving and storage companies have settled an investigation into allegations that they conspired to rig their bids on a state contract, agreeing to make a collective payment and adopt antitrust compliance programs, according to a Friday announcement from the attorney general's office.
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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.
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.