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Government Contracts
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July 21, 2025
Trump Admin's Harvard Cuts Vex Judge: 'Staggering To Me'
A Massachusetts federal judge said Monday that the Trump administration has not presented evidence that Harvard has failed to address antisemitism on its campus and expressed bewilderment at the government's legal justifications for cutting $2.2 billion in funding.
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July 18, 2025
Law360 Names 2025's Top Attorneys Under 40
Law360 is pleased to announce the Rising Stars of 2025, our list of more than 150 attorneys under 40 whose legal accomplishments belie their age.
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July 18, 2025
Judge Demands Layoff Plans From Trump Administration
A California federal judge on Friday ordered the Trump administration to hand over reorganization and reduction-in-force plans linked to an executive order directing layoffs at federal agencies, finding that the government's privilege claim was outweighed by the plaintiffs' need for the information to pursue their claims under the Administrative Procedure Act.
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July 18, 2025
Judge Questions Basis For Planned Parenthood Funding Cuts
A Massachusetts federal judge on Friday pressed the government for any plausible rationale, besides retaliation, for a provision in Congress' budget reconciliation that will prevent Planned Parenthood and its affiliates from receiving Medicaid reimbursements if any one of them offers abortion services.
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July 18, 2025
Commerce Adviser Joins MoFo National Security Group In DC
A former U.S. Department of Commerce adviser who focused on semiconductor export controls has returned to private practice at Morrison Foerster LLP, the firm announced.
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July 18, 2025
DC Circ. Backs Crowley In GSA Audit Powers Fight
The General Services Administration lacked authority to audit bills Crowley Government Services Inc. submitted under a freight contract with U.S. Transportation Command since the company was not operating as a carrier, a split D.C. Circuit panel ruled Friday.
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July 17, 2025
9th Circ. Panel Appears Split On Trump Order Curbing Unions
A three-judge Ninth Circuit panel appeared divided Thursday on a lower court's ruling that halted enforcement of President Donald Trump's executive order axing labor contracts covering agencies that have "national security" aims, with one judge expressing concern over the order's implications while two questioned if they can second-guess the president's determination.
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July 17, 2025
COVID Fraudster Says State Can't Rescind Firefighter Pension
A former Connecticut firefighter who pled guilty in relation to a West Haven COVID-19 relief fund scam says he should keep the pension he earned through 26 years of service in a neighboring city, arguing his crime bore no connection to his onetime employment and did not breach his union contract.
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July 17, 2025
11th Circ. Says Ex-Quest Diagnostics Worker's FCA Suit Fails
The Eleventh Circuit declined to revive a former Quest Diagnostics Inc. compliance officer's False Claims Act suit against the lab testing company, ruling she had failed to allege a specific claim of medical billing fraud after some 15 years of litigation.
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July 17, 2025
6 Cases For Patent Attys To Watch In The Second Half Of 2025
The Federal Circuit is considering major questions about when delays in prosecuting patents become bad faith and whether the acting U.S. Patent and Trademark Office director is legally allowed to apply new rules retroactively. Here's what you need to know about these cases and others that attorneys are keeping an eye on for the rest of the year.
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July 17, 2025
Fla. Judge Rejects US Service Members' Timeshare Claims
A Florida federal judge sided with Holiday Inn Club Vacations Inc. and its timeshare financier on Thursday in a putative class action by two U.S. Air Force members alleging that their timeshare loan contracts violated the Military Lending Act.
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July 17, 2025
Bombing Victims Seek Damages For Iran's Support Of Attacks
Dozens of people allegedly harmed by bombings in Kabul, Afghanistan, have asked a D.C. federal judge to order the Islamic Republic of Iran to pay hundreds of millions of dollars for providing material support for the terrorist attacks.
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July 17, 2025
Mass. Cities Seek Order Forcing Trash Hauler To Honor Pacts
Nearly three weeks after Republic Services workers went on strike, six Massachusetts communities went to court Thursday seeking an order compelling the trash hauler to immediately address what they say is a public health nuisance.
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July 17, 2025
IRS Leaker Asks DC Circ. To Bar Comments By Ex-Employer
A tech worker appealing a five-year sentence for leaking tax returns while on the job at the IRS through contractor Booz Allen asked the D.C. Circuit on Thursday to block his former employer from weighing in, saying the company's opinion that he should finish his prison term is irrelevant.
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July 17, 2025
USDA Should Revisit $22M IT Deal, GAO Says
The U.S. Government Accountability Office urged the Department of Agriculture to reconsider a $22.8 million task order for IT services, saying the agency had failed to meaningfully respond to claims that it was unfair in its evaluation of proposals for the award.
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July 16, 2025
Internet Co. Can't Win $33M Indonesia Judgment In NY Court
A New York federal judge has tossed litigation initiated by a Jakarta, Indonesia-based internet service provider to enforce a $32.7 million judgment against Indonesia following arbitration over a government contract to implement mobile access centers around the country.
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July 16, 2025
Nonprofits Taking Immigrant Legal Aid Fight To DC Circ.
Nonprofit groups that are trying to stop the U.S. Department of Justice from cutting off funding to four programs that provide legal information to noncitizens are taking their fight with the Trump administration to the D.C. Circuit after a federal judge killed their lawsuit.
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July 16, 2025
GAO Tells Congress Loser-Pays Model Not Needed
The U.S. Government Accountability Office said in a letter to Congress that it does not endorse creating a loser-pays model for unsuccessful protests of defense contracts because sufficient measures already exist to limit the impact of protests filed without a substantial basis.
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July 16, 2025
Union Pension Fund Says Cos. Can't Get Fees In ERISA Row
A Tennessee federal judge should deny two companies' "extraordinary" request for a union pension fund to cover their attorney fees in an Employee Retirement Income Security Act dispute, the union argued Wednesday, saying the section of ERISA the lawsuit was lodged under doesn't allow for attorney fee awards.
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July 16, 2025
FEMA Targeted In 20-State Suit Over Pre-Disaster Grant Cuts
A coalition of 20 states led by Washington and Massachusetts sued the Federal Emergency Management Agency in Boston federal court Wednesday, accusing the Trump administration of illegally cutting off billions of dollars in grants for proactive disaster mitigation projects across the country.
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July 16, 2025
Judge Says Navy Must Face Contamination Claim At Calif. Site
A Court of Federal Claims judge trimmed some but not all claims from a suit alleging the Navy breached its obligation to remediate newly discovered petroleum and chloroform contamination at a Novato, California, property it sold two decades ago.
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July 15, 2025
Trump Admin Seeks Win In Harvard $2B Funding Freeze Case
The Trump administration urged a Massachusetts federal judge Monday to grant it summary judgment in Harvard University's lawsuit challenging the government's effort to freeze $2.2 billion in funding, arguing the dispute is a contract fight that belongs in the Federal Claims Court and the allegations fail on the merits.
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July 15, 2025
Patent Fight Over Xtandi Erupts Anew Before RFK Jr.
A new dispute is playing out over the price of a prostate cancer drug that was developed at University of California, Los Angeles, and is being sold by Pfizer, with the federal government being pushed on the issue of using its authority to allow early entry of generics.
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July 15, 2025
Protest Over $985M Migrant Kid Transport Deal Deemed Moot
A Court of Federal Claims judge threw out a protest lodged against the General Services Administration over its decision to award a nearly $1 billion transportation and logistics contract for unaccompanied children in federal custody to a competitor.
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July 15, 2025
4th Circ. Won't Rethink Affirmance Of $8M KBR Award
The Fourth Circuit will not be rethinking its decision rebuff a Kuwaiti construction company's attempt to nix an $8 million arbitral award favoring Kellogg Brown & Root International, the appeals court has ruled.
Expert Analysis
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Series
Racing Corvettes Makes Me A Better Lawyer
The skills I use when racing Corvettes have enhanced my legal practice in several ways, because driving, like practicing law, requires precision, awareness and a good set of brakes — complete with the wisdom to know how and when to use them, says Kat Mateo at Olshan Frome.
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Questions Remain After Justices' Narrow E-Rate FCA Ruling
The U.S. Supreme Court’s recent decision in Wisconsin Bell, holding that requests for reimbursement from the Federal Communications Commission's E-Rate program are subject to False Claims Act liability, resolves one important question but leaves several others open, says Jason Neal at HWG.
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How DOGE's Severance Plan May Affect Federal Employees
President Donald Trump's administration, working through the Department of Government Efficiency, recently offered a severance package to nearly all of the roughly 2 million federal employees, but unanswered questions about the offer, coupled with several added protections for government workers, led to fewer accepted offers than expected, says Aaron Peskin at Kang Haggerty.
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Opinion
Attorneys Must Act Now To Protect Judicial Independence
Given the Trump administration's recent moves threatening the independence of the judiciary, including efforts to impeach judges who ruled against executive actions, lawyers must protect the rule of law and resist attempts to dilute the judicial branch’s authority, says attorney Bhavleen Sabharwal.
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Rethinking 'No Comment' For Clients Facing Public Crises
“No comment” is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.
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How Design Thinking Can Help Lawyers Find Purpose In Work
Lawyers everywhere are feeling overwhelmed amid mass government layoffs, increasing political instability and a justice system stretched to its limits — but a design-thinking framework can help attorneys navigate this uncertainty and find meaning in their work, say law professors at the University of Michigan.
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10 Issues To Watch In Aerospace And Defense Contracting
This year, in addition to evergreen developments driven by national security priorities, disruptive new technologies and competition with rival powers, federal contractors will see significant disruptions driven by the new administration’s efforts to reduce government spending, regulation and the size of the federal workforce, say attorneys at Thompson Hine.
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Bid Protest Spotlight: Registration, Substantiation, Experience
In this month's bid protest roundup, Krista Nunez at MoFo looks at three recent decisions that consider the timing of System for Award Management registration, agencies’ increasing reliance on technology in procurement-related decision-making, and when small businesses can lawfully rely on a subcontractor's past-performance experience.
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Defense Strategies For Politically Charged Prosecutions
Politically charged prosecutions have captured the headlines in recent years, providing lessons for defense counsel on how to navigate the distinct challenges, and seize the unique opportunities, such cases present, says Kenneth Notter at MoloLamken.
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Series
Competitive Weightlifting Makes Me A Better Lawyer
The parallels between the core principles required for competitive weightlifting and practicing law have helped me to excel in both endeavors, with each holding important lessons about discipline, dedication, drive and failure, says Damien Bielli at VF Law.
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The Case For Compliance During The Trump Administration
Given the Trump administration’s shifting white collar enforcement priorities, C-suite executives may have the natural instinct to pare back compliance initiatives, but there are several good reasons for companies to at least stay the course on their compliance programs, if not enhance them, say attorneys at Riley Safer.
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Opinion
Undoing An American Ideal Of Fairness
President Donald Trump’s orders attacking birthright citizenship, civil rights education, and diversity, equity and inclusion programs threaten hard-won constitutional civil rights protections and decades of efforts to undo bias in the law — undermining what Chief Justice Earl Warren called "our American ideal of fairness," says Reuben Guttman at Guttman Buschner.
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How New SBA Rule May Affect Small Government Contractors
By limiting competition from larger entities, the Small Business Administration's recently published final rule may help some small government contractors, but these restrictions on set-aside work following a merger, acquisition or sale may also deter small businesses' long-term growth, say attorneys at Akerman.
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Opinion
Inconsistent Injury-In-Fact Rules Hinder Federal Practice
A recent Third Circuit decision, contradicting a previous ruling about whether consumers of contaminated products have suffered an injury in fact, illustrates the deep confusion this U.S. Supreme Court standard creates among federal judges and practitioners, who deserve a simpler method of determining which cases have federal standing, says Eric Dwoskin at Dwoskin Wasdin.
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Expect Continued Antitrust Enforcement In Procurement
The scope of federal antitrust enforcement under the second Trump administration remains uncertain, but the Procurement Collusion Strike Force, which collaborates with federal and state agencies to enforce antitrust laws in the government procurement space, is likely to remain active — so contractors must stay vigilant, say attorneys at Ballard Spahr.