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Government Contracts
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August 06, 2025
Flint Will Pay $225K To End Ex-Fire Chief's Firing Suit
The city of Flint has reached a $225,000 settlement with a former fire chief who has alleged he was fired for refusing to claw back his public recommendation to terminate firefighters for their alleged racist misconduct at a house fire, and the city council is poised to review the agreement at its August meeting.
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August 06, 2025
LA Seeks To Nix Attys In Ex-Cop's Military Leave Bias Suit
Attorneys for a former Los Angeles Police Department lieutenant improperly obtained and tried to use a privileged email between a city attorney and a current LAPD lieutenant in a military bias suit, the city said, urging a California federal court to disqualify them from the case.
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August 05, 2025
Wash. Judge Questions Injunctions' Scope In Head Start Case
A Washington federal judge asked attorneys Tuesday to explain how the U.S. Supreme Court's decision concerning nationwide injunctions might impact efforts by a group of Head Start associations to halt federal directives restricting noncitizen access to the program and use of funds for diversity initiatives.
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August 05, 2025
5th Circ. Wipes Out Honeywell Win In Worker's Vaccine Fight
The Fifth Circuit on Tuesday resurrected a former Honeywell employee's suit claiming he was fired for refusing to get the COVID-19 vaccine after his request for a religious exemption was denied, ruling that a jury could indeed determine that the worker faced religious discrimination.
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August 05, 2025
GAO Denies Co.'s Protest Of $49M IRS Task Order
The U.S. Government Accountability Office denied a Virginia company's protest of a $49 million task order issued by the U.S. Department of the Treasury for information technology services support, saying it was not competitively prejudiced during the procurement process.
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August 05, 2025
Ex-ComEd Lobbyist Gets 1 Year For Masking Madigan Bribes
A former lobbyist for Commonwealth Edison was sentenced to a year and a day in prison Tuesday for allowing his lobbying firm to serve as a pass-through for the utility to pay associates of ex-Illinois House Speaker Michael Madigan for little to no work, as it sought his support for favorable energy legislation.
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August 05, 2025
Gov't Owed $559K For Delayed Hurricane Protection Project
The Armed Services Board of Contract Appeals said a Louisiana construction company can't get out of paying the federal government more than $559,000 in liquidated damages for failing to meet the completion date for a hurricane protection project by 264 days.
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August 05, 2025
Rising Star: Hogan Lovells' Christine Reynolds
Hogan Lovells' Christine Reynolds' work on high-stakes bid protests, including one with a tight turnaround time that challenged a NASA award worth about $1 billion, has earned her a spot among the government contracts attorneys under 40 honored by Law360 as Rising Stars.
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August 05, 2025
States Win Ruling To Shield FEMA Disaster Prevention Funds
A Massachusetts federal judge on Tuesday temporarily barred the Trump administration from redirecting more than $4 billion in funds allocated by Congress for natural disaster mitigation efforts toward other Federal Emergency Management Agency programs.
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August 05, 2025
Ex-Officer Says LAPD Withheld Info In Military Leave Bias Suit
A former Los Angeles Police Department officer claiming he was passed over for a promotion because of his military status said he has not received the records he requested containing information about similarly situated employees.
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August 05, 2025
Drone Cos. Sue Former Exec For Alleged Trade Secret Theft
Red Cat Holdings Inc. and its Teal Drones Inc. unit accused a former executive of sabotaging a major product development deal and using their trade secrets to launch a rival drone company to compete for government sales.
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August 04, 2025
FCC Told States, Cities To Blame For Broadband Delays
A trade association representing the global broadband industry told the Federal Communications Commission that state and local practice vary widely when it comes to broadband permitting, with some approvals taking more than a year and fees and bureaucratic delays being a frequent issue.
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August 04, 2025
Judge Newman Contests Suspension Renewal At DC Circ.
The Federal Circuit's recent recommendation to continue U.S. Circuit Judge Pauline Newman's suspension makes clear her colleagues are looking to permanently remove her, the judge's attorney told the D.C. Circuit Monday.
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August 04, 2025
Subcontractor Can't Get Fees In Seattle Sewer Pipeline Saga
A Washington state appeals court panel will not let a subcontractor recoup roughly $500,000 in legal fees and costs tied to a construction firm's passthrough claims over a county-commissioned sewer pipeline project in Seattle, ruling on Monday the subcontractor was never dubbed the winner in the dispute.
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August 04, 2025
Nurse Agrees To Repay $614K For False Claims In Conn.
A nurse who owned a medication management business and two Connecticut residential care homes agreed on Monday to settle state and federal False Claims Act allegations for $614,000, ending allegations that he billed Medicare and Medicaid impossible daily hours and for clients that were hospitalized or dead.
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August 04, 2025
DC Circ. Backs FBI Agent's Bribery Sentence
The D.C. Circuit Court has affirmed a former FBI special agent's two-year sentence for taking a bribe in connection with a property-buying scheme, finding that he accepted at least $6,500 from a real estate developer in exchange for illegally sharing information from a protected database to which the FBI subscribed.
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August 04, 2025
Mass. Ambulance Cos. Settle State FCA Allegations For $6M
Two Massachusetts ambulance companies have agreed to pay $6 million to settle allegations that they "upcoded" claims to the state's Medicaid program, MassHealth, billed it for unnecessary services, and committed other False Claims Act violations, the state attorney general's office announced Monday.
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August 04, 2025
Funeral Home Owner Pleads Guilty To Fraud, Again
For the second time, an owner of a southern Colorado funeral home pled guilty on Monday in connection to claims that her company illegally stored nearly 200 decaying bodies and committed more than $1 million in fraud.
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August 04, 2025
GAO Denies Va. Co's Protest Of $972M Air Force Contract
The Government Accountability Office has denied a Virginia-based company's protest of the Air Force's decision to exclude its offer from the competitive range of proposals considered for a potentially $972 million contract to provide modeling and support simulation services.
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August 04, 2025
Feds Get 2nd Crack At Regeneron FCA Case After Key Ruling
The government may pursue an alternate theory of its False Claims Act kickback case against Regeneron Pharmaceuticals Inc. and try again for a pretrial win after a First Circuit ruling created a "critical shift" in the law, a Massachusetts federal judge said Monday.
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August 04, 2025
Moderna Seeks To Be Cleared In $5B COVID Vax Patent Case
Moderna has urged a Delaware federal judge to clear it in a rival mRNA developer's $5 billion patent suit over the company's COVID-19 vaccines, saying it is shielded because it made them for the federal government.
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August 04, 2025
Rising Star: Seyfarth's Erica Bakies
Erica Bakies of Seyfarth Shaw LLP guided a foreign investor in securing regulatory approval to purchase a U.S. government contractor and litigated two bid protests before the Government Accountability Office that resulted in regulatory changes, earning her a spot among the government contracts law practitioners under age 40 honored by Law360 as Rising Stars.
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August 04, 2025
Construction Co.'s Breach Suit Crumbles In Claims Court
A Court of Federal Claims judge ruled that a Pennsylvania construction company tapped to demolish nine buildings at Joint Base Langley-Eustis in Virginia had no grounds to seek additional payment after the U.S. Air Force terminated its $969,000 contract over performance problems.
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August 04, 2025
DuPont Inks $2.5B Deal With NJ Over PFAS Pollution
E.I. du Pont de Nemours and New Jersey have reached a more than $2 billion landmark deal to remedy long-standing "forever chemical" contamination at the company's manufacturing sites across the Garden State, including a longtime facility in Salem County.
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August 01, 2025
9th Circ. Lifts Order Halting Trump From Curbing Fed Unions
The Ninth Circuit on Aug. 1 granted the Trump administration's bid to halt an injunction blocking enforcement of President Donald Trump's executive order axing labor contracts covering agencies with "national security" aims, saying in a published opinion that the government was likely to succeed against six unions' First Amendment retaliation claim.
Expert Analysis
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Series
Adapting To Private Practice: From ATF Director To BigLaw
As a two-time boomerang partner, returning to BigLaw after stints as a U.S. attorney and the director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, people ask me how I know when to move on, but there’s no single answer — just clearly set your priorities, says Steven Dettelbach at BakerHostetler.
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4 In-Flux Employment Law Issues Banks Should Note
Attorneys at Ogletree provide a midyear update on employment law changes that could significantly affect banks and other financial service institutions — including federal diversity equity and inclusion updates, and new and developing state and local artificial intelligence laws.
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New DOJ Penalty Policy Could Spell Trouble For Cos.
In light of the U.S. Department of Justice’s recently published guidance making victim relief a core condition of coordinated resolution crediting, companies facing parallel investigations must carefully calibrate their negotiation strategies to minimize the risk of duplicative penalties, say attorneys at Debevoise.
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A Look At Key 5th Circ. White Collar Rulings So Far This Year
In the first half of 2025, the Fifth Circuit has decided numerous cases of particular import to white collar practitioners, which collectively underscore the critical importance of meticulous recordbuilding, procedural compliance and strategic litigation choices at every stage of a case, says Joe Magliolo at Jackson Walker.
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Contract Disputes Recap: Privity, Pressure, Procedural Traps
Three recent decisions from the Civilian Board of Contract Appeals, the Federal Circuit and the U.S. Court of Federal Claims offer fresh lessons for contractors navigating the procedural edge of Contract Disputes Act litigation, says Zachary Jacobson at Seyfarth.
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Series
Playing Baseball Makes Me A Better Lawyer
Playing baseball in college, and now Wiffle ball in a local league, has taught me that teamwork, mental endurance and emotional intelligence are not only important to success in the sport, but also to success as a trial attorney, says Kevan Dorsey at Swift Currie.
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Managing Risks As State AGs Seek To Fill Enforcement Gap
Given an unprecedented surge in state attorney general activity resulting from significant shifts in federal enforcement priorities, companies must consider tailored strategies for navigating the ever-evolving risk landscape, say attorneys at Cozen O'Connor.
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Series
Law School's Missed Lessons: Skillful Persuasion
In many ways, law school teaches us how to argue, but when the ultimate goal is to get your client what they want, being persuasive through preparation and humility is the more likely key to success, says Michael Friedland at Friedland Cianfrani.
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FCA Working Group Reboot Signals EHR Compliance Risk
The revival of the False Claims Act working group is an aggressive expansion of enforcement efforts by the Justice Department and the U.S. Department of Health and Human Services targeted toward technology-enabled fraud involving electronic health records and other data, say attorneys at ArentFox Schiff.
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Litigation Inspiration: How To Respond After A Loss
Every litigator loses a case now and then, and the sting of that loss can become a medicine that strengthens or a poison that corrodes, depending on how the attorney responds, says Bennett Rawicki at Hilgers Graben.
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The Metamorphosis Of The Major Questions Doctrine
The so-called major questions doctrine arose as a counterweight to Chevron deference over the past few decades, but invocations of the doctrine have persisted in the year since Chevron was overturned, suggesting it still has a role to play in reining in agency overreach, say attorneys at Crowell & Moring.
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Arguing The 8th Amendment For Reduction In FCA Penalties
While False Claims Act decisions lack consistency in how high the judgment-to-damages ratio in such cases can be before it becomes unconstitutional, defense counsel should cite the Eighth Amendment's excessive fines clause in pre-trial settlement negotiations, and seek penalty decreases in post-judgment motions and on appeal, says Scott Grubman at Chilivis Grubman.
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$95M Caremark Verdict Should Put PBMs On Notice
A Pennsylvania federal judge’s recent ruling that pharmacy benefits manager CVS Caremark owes the government $95 million for overbilling Medicare Part D-sponsored drugs highlights the effectiveness of the False Claims Act, as scrutiny of PBMs’ outsized role in setting drug prices continues to increase, say attorneys at Duane Morris.
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Series
Playing Mah-Jongg Makes Me A Better Mediator
Mah-jongg rewards patience, pattern recognition, adaptability and keen observation, all skills that are invaluable to my role as a mediator, and to all mediating parties, says Marina Corodemus.
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Bid Protest Spotlight: Conflicts, Evaluations, Materiality
In this month's bid protest roundup, Brian Doll at MoFo examines three June decisions from the U.S. Government Accountability Office examining the U.S. Army’s handling of an impaired objectivity conflict of interest, the adequacy of oral evaluations, and whether a nonmaterial misrepresentation can sustain a protest.