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Government Contracts
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April 28, 2025
Justices Seek US Stance In $120M Iraq Immunity Suit
The U.S. Supreme Court on Monday asked the federal government to weigh in on a Pennsylvania defense contractor's petition seeking clarity on parts of the Foreign Sovereign Immunities Act's commercial activity exception, as the contractor looks to enforce a $120 million judgment against Iraq.
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April 25, 2025
19 AGs Sue Trump Admin Over Anti-DEI School Funding Threat
Nearly 20 state attorneys general sued the U.S. Department of Education in Massachusetts federal court Friday accusing it of embarking on efforts to withhold funding from educational institutions that engage in vague, undefined, "illegal" diversity, equity and inclusion practices through an agency action passed earlier this month.
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April 25, 2025
HHS Says Cuts Target Excess After Judge Seeks More Info
The U.S. Department of Health and Human Services told a Rhode Island federal judge that a group of states has no basis to challenge the cancellation of billions in grants supporting public health programs because they already received the funds appropriated to them by Congress.
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April 25, 2025
DOD To Assess Tricare Program Competition In Ga. And Fla.
The U.S. Department of Defense has awarded contracts to CareSource Military and Veterans to compete with managed care support contractors in delivering health, medical and administrative support services to eligible Tricare beneficiaries in the Atlanta and Tampa markets.
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April 25, 2025
Judge Blocks Trump Order Limiting Fed. Worker Bargaining
A Washington, D.C., federal judge on Friday blocked President Donald Trump's order last month seeking to end collective bargaining for workers at more than a dozen federal agencies with national security roles, two days after suggesting during oral arguments that Trump's order was retaliatory.
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April 25, 2025
Feds Accused Of Illegal Education Data Collection Rollback
The Department of Education is defying congressional mandates requiring the collection and analysis of national education data, including by canceling $900 million in data maintenance and collection contracts, educational organizations said in a lawsuit filed in Washington, D.C., federal court.
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April 25, 2025
Local Gov'ts, Union Sue Over COVID Grant Cancellations
Four local governments have joined with a government employees union to challenge the federal government's termination of $11 billion in grants stemming from the COVID-19 pandemic, seeking an injunction restoring the funds and a declaration that the decision to mass-terminate the grants was unlawful.
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April 25, 2025
Font Size Error Dooms USDA Contract Bid
An information technology services company lost out on a U.S. Department of Agriculture contract for using the wrong font size in its quotation, after the U.S. Government Accountability Office found that it failed to follow the USDA's formatting guidelines.
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April 25, 2025
Taxation With Representation: Dechert, Brown Rudnick
In this week's Taxation With Representation, Boeing sells parts of its digital aviation solutions business to Thoma Bravo, Baker Tilly and Moss Adams join forces, Mobico sells its U.S. school bus business to I Squared Capital, and Apollo commits to a joint venture with Bullrock Energy Ventures.
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April 25, 2025
Calif. High Court Wants Answers On Bar Exam AI Use
Days after the State Bar of California revealed it utilized artificial intelligence to develop some questions included in its embattled February 2025 exam, the state's Supreme Court released a statement demanding the bar association provide additional details.
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April 24, 2025
DC Circ. Fears Newman Atty Would Impeach Disabled Judges
The attorney fighting Federal Circuit Judge Pauline Newman's suspension alarmed the D.C. Circuit on Thursday when he argued that judges can only have their work taken from them if they voluntarily resign or are impeached.
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April 24, 2025
DOT Drops SDNY Attys Who Accidentally Exposed Case Flaws
The U.S. Department of Transportation said Thursday it replaced its defense counsel after the U.S. Attorney's Office in New York's Southern District accidentally filed publicly a confidential memo advising the DOT it's "very unlikely" to win litigation challenging the DOT's bid to kill New York's congestion pricing.
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April 24, 2025
Judge Presses Feds To Explain Int'l Students' Data Removal
A Georgia federal judge on Thursday considered extending an order to restore over 130 current and former international students to a U.S. Immigration and Customs database, but suggested it remains unclear whether the move would even guarantee the students' legal immigration status.
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April 24, 2025
GAO Denies Protest Of $10.5M DOE Support Services Deal
A company protesting a $10.5 million National Nuclear Security Administration award for support services failed to show that the agency botched its best-value evaluation, or that the awardee had misrepresented the availability of its proposed program manager, the U.S. Government Accountability Office said.
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April 24, 2025
ACLU Urges Court To Enforce Family Separation Settlement
The American Civil Liberties Union has called on a California federal judge to enforce provisions of a 2023 settlement requiring the government to provide legal services to thousands of immigrant families that were separated under the first Trump administration's "zero-tolerance" policy.
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April 24, 2025
'Egregious' Delays Wipe Out Ga. Health Fraud Case
A Georgia federal judge on Thursday dismissed an eight-year-old case over alleged Medicaid fraud, calling the government's delays in bringing three healthcare executives to trial "egregious" and noting that the alleged criminal conduct took place between 12 and 25 years ago.
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April 24, 2025
Feds Slam City's Challenge To ICE's Planned NJ Facility
The federal government unleashed sharp criticism against the city of Newark, New Jersey, lambasting its lawsuit to block GEO Group Inc.'s plans for an immigration detention facility and calling it an "admitted, aggressive, and legally unjustified" maneuver.
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April 24, 2025
Tenn. Middle District Proposes Rule Change Amid Speech Suit
The four district judges of the Middle District of Tennessee have proposed an update to the local rules of court, including clarifying limits on what lawyers may tell the press amid civil proceedings, while a Nashville lawyer's free speech suit against the district is on appeal before the Sixth Circuit.
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April 24, 2025
$78M Navy Repair Award Challenge Falls Short, GAO Says
The U.S. Government Accountability Office said a BAE Systems unit protesting a $78 million Navy award for repairs and alterations to the USS Russell should have been clearer about its capacity to dry-dock the destroyer if it wanted to land the job.
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April 24, 2025
Harvard Seeks To Move 'Swiftly' In $2B Fund Freeze Suit
Harvard University is seeking to move as quickly as possible to get to the merits of its suit challenging the Trump administration's $2.2 billion funding freeze, asking a Massachusetts federal judge to expedite discovery and briefing.
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April 24, 2025
4th Circ. Won't Rehear Health Data Access Order Challenge
The Fourth Circuit has declined an electronic medical records firm's request for the appellate court to rethink a panel's decision to dismiss its appeal of an order forcing the company to let a nursing data business access its patient information.
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April 23, 2025
GAO Won't Rethink Denial Of Army Corps Contract Challenge
The Government Accountability Office has dismissed a Georgia-based construction contractor's request to reconsider its January decision rejecting its challenge to the U.S. Army Corps of Engineers' denial of its building repair contract proposal.
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April 23, 2025
Ex-Rep Should Pay $25K For 'Sham' Lawsuit, Fla. Judge Told
A real estate holding company owner told a Florida state court judge Wednesday that he's owed about $25,000 in legal fees for defending against a "sham" contract breach lawsuit alleging he assisted officials investigating possible foreign agent crimes against a former congressman, saying the agreements at issue were declared invalid.
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April 23, 2025
California Bar Says It Used AI To Craft Some Exam Questions
The State Bar of California used artificial intelligence to develop certain multiple-choice questions that were included in the February exam, a revelation that left one law school assistant dean "shocked" and a move that the state bar said was "not clearly communicated" to its own leadership.
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April 23, 2025
GAO Denies Protest Of Scope Of Air Force's Corrective Action
The Government Accountability Office rejected an Ohio company's challenge to the scope of the Air Force's corrective action after its initial protest of a contract award decision, saying the agency wasn't required to embark on what would amount to an entirely new competition.
Expert Analysis
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Series
Adapting To Private Practice: From DOJ Leadership To BigLaw
The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.
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Law Firm Executive Orders Create A Legal Ethics Minefield
Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.
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Contractor Remedies Amid Overhaul Of Federal Spending
Now that the period for federal agencies to review their spending has ended, companies holding procurement contracts or grants should evaluate whether their agreements align with administration policies and get a plan ready to implement if their contracts or grants are modified or terminated, say attorneys at DLA Piper.
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Firms Must Embrace Alternative Billing Models Or Fall Behind
As artificial intelligence tools eliminate inefficiencies and the Big Four accounting firms enter the legal market, law firms that pivot from the entrenched billable hour model to outcomes-based pricing will see a distinct competitive advantage, says attorney William Brewer.
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Contract Disputes Recap: Terminations Galore
Attorneys at Seyfarth examine three recent decisions in which the Civilian Board of Contract Appeals and the Armed Services Board of Contract Appeals provide valuable insights into contract terminations, modifications and the jurisdictional requirements for claims.
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How Attorneys Can Master The Art Of On-Camera Presence
As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.
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Series
Baseball Fantasy Camp Makes Me A Better Lawyer
With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.
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Series
Adapting To Private Practice: From Fed. Prosecutor To BigLaw
Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.
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Jurisdiction Argument In USAID Dissent Is Up For Debate
A dissent refuting the U.S. Supreme Court’s recent order directing the U.S. Agency for International Development to pay $2 billion in frozen foreign aid argued that claims relating to already-completed government contract work belong in the U.S. Court of Federal Claims – answering an important question, but with a debatable conclusion, says Steven Gordon at Holland & Knight.
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How Importers Can Minimize FCA Risks Of Tariff Mitigation
False Claims Act risks are inherent in many tariff mitigation strategies, making it important for importers to implement best practices to identify and report potential violations of import regulations before they escalate, says Samuel Finkelstein at LMD Trade Law.
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Firms Still Have Lateral Market Advantage, But Risks Persist
Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Making The Opportunity Zones Program Great At Last
As the opportunity zone program approaches its expiration, the Republican-led government could take specific steps to extend and improve the program, address its structural flaws, encourage broader participation and enable it to live up to its promised outcomes, say attorneys at Pillsbury.
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Opinion
We Must Allow Judges To Use Their Independent Judgment
As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.
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Series
Performing Stand-Up Comedy Makes Me A Better Lawyer
Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.
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Constitutional Foundations Of Gov't-Guaranteed Investments
For attorneys advising clients with exposure to government-backed investments, understanding the constitutional guardrails on presidential impoundment offers essential guidance for risk assessment, contract strategy and litigation planning, says Mauni Jalali at Quinn Emanuel.