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Government Contracts
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September 17, 2025
11th Circ. Judge Calls Ga. School Racism Defense 'Ridiculous'
The Eleventh Circuit appeared unlikely Wednesday to let Georgia school officials escape accusations they violated a settlement requiring their district to hire more Black educators, with one judge slamming as "ridiculous" the notion they could plead ignorance over whether the agreement was binding on them.
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September 17, 2025
Charter Can't Dodge Cable Royalties In Texas, 5th Circ. Rules
Charter Communications cannot avoid paying a 3% royalty for the use of cable permits in three Texas cities' rights of way, regardless of a change in state permitting law, the Fifth Circuit ruled Wednesday.
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September 17, 2025
DOJ Watchdog Raises Alarm On App Use To Track Victims
A U.S. Department of Justice watchdog has urged DOJ grant recipients to safeguard victims' personally identifiable information, so domestic abusers and members of the public can't exploit apps and social media to gain access to safe-house addresses and other data.
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September 17, 2025
Union Settles FCA Suit Over Pandemic Loans for $2M
The International Brotherhood of Electrical Workers Local 103 will pay just over $2 million in restitution and interest to settle allegations that it improperly obtained a Paycheck Protection Program loan for which it was not eligible, the U.S. Attorney's Office in Boston announced Wednesday.
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September 17, 2025
Security Co. Wins Discovery Bid In $15M Afghan Award Fight
A D.C. federal judge has given permission to an Emirati security company to seek discovery from the airline industry's primary international lobby group as the private firm looks to enforce a confirmed $15.29 million arbitral award against Afghanistan.
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September 17, 2025
GAO Sustains Protest Of $48.5M Medicare Contract
The Centers for Medicare & Medicaid Services unreasonably evaluated whether a Wisconsin company was eligible to compete for a $48.5 million task order, the U.S. Government Accountability Office said, sustaining a protest of the agency's award decision.
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September 17, 2025
FTC Sends White House List Of Regulations For Deletion
The Federal Trade Commission provided the White House with a report on Wednesday recommending that more than 125 regulations from agencies across the federal government be modified or deleted because they create barriers to competition.
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September 17, 2025
Shipbuilders Ask Justices To Weigh 4th Circ. No-Poach Ruling
Shipbuilders and designers accused of conspiring to suppress industry wages urged the U.S. Supreme Court to review a Fourth Circuit decision that revived a proposed class action against them, saying the allegedly untimely antitrust claims threaten ruinous damages.
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September 17, 2025
CORRECTED: NYC Construction Co. Prez Gets 4 Years For Contract Fraud
The 65-year-old president of a New York City construction company has been sentenced to 48 months in prison after pleading guilty in New York federal court to being part of a fraud scheme involving NYC homeless shelter contracts worth $12 million, the New York City Department of Investigation announced.
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September 16, 2025
Exactech Enters $8M Deal To Resolve Implant Failure Claims
Orthopedic implant-maker Exactech Inc. agreed to pay $8 million to resolve allegations it marketed and sold faulty components of its knee-replacement systems that were to be used on patients on Medicare, Medicaid and U.S. Department of Veterans Affairs assistance, federal prosecutors in Maryland and Alabama announced Tuesday.
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September 16, 2025
Ex-Navy Admiral Sentenced To 6 Years In Bribery Case
A D.C. federal judge on Tuesday sentenced a former top U.S. Navy admiral to six years behind bars after he was convicted of awarding a government contract to a company in exchange for a lucrative job there after he retired from the military, according to a case docket entry.
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September 16, 2025
Military Contractor Tells Justices To Nix Army Vet's Injury Suit
Fluor Corp. has urged the U.S. Supreme Court to toss a suit seeking to hold the defense contractor liable for a military veteran's injuries sustained in a 2016 suicide bombing in Afghanistan, saying federal law preempts the state-based injury claims.
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September 16, 2025
Judge Cuts $2.8M From Army Corps Contractor's Claims
A U.S. Court of Federal Claims judge trimmed more than $2.8 million in expenses claimed by a U.S. Army Corps of Engineers contractor after the agency terminated its post-tornado cleanup contract, saying the company has not proven that it's entitled to the money.
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September 16, 2025
High Court Urged To Leave $120M Iraq Immunity Ruling Intact
The Trump administration urged the U.S. Supreme Court to turn away a Pennsylvania defense contractor's petition seeking clarity on the Foreign Sovereign Immunities Act's commercial activity exception, arguing that a D.C. Circuit decision finding a lack of jurisdiction in the case is correct.
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September 16, 2025
White House Fights Seattle's Bid To Block DEI Grant Rules
The Trump administration on Tuesday called on a Washington federal judge to let it proceed with federal grant conditions forcing recipients to drop efforts related to diversity and "gender ideology," contending that Seattle is challenging the terms based on mere speculation that the city may one day be targeted for "hypothetical noncompliance."
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September 16, 2025
DOE Asks Judge To Pull Plug On States' Cost Cap Suit
The U.S. Department of Energy has asked an Oregon federal judge to toss a New York-led lawsuit challenging a new policy that would cap certain overhead costs under energy assistance awards, arguing the change falls within its discretionary authorities.
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September 16, 2025
FCC Tells 1st Circ. It Will Revamp Prison Phone Caps In Oct.
The First Circuit has declined to hold off a court challenge to the Federal Communications Commission's recently adopted prison phone rate caps despite the agency saying it plans to rework the rules in October.
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September 16, 2025
Detainees Urge Justices To Ax Early Appeal In GEO Wage Row
Immigrant detainees urged the U.S. Supreme Court to reject GEO Group's bid for a ruling allowing government contractors to promptly challenge adverse rulings on derivative sovereign immunity, saying it would "dramatically expand" the number of nonfinal judgments that can be immediately appealed.
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September 16, 2025
CVS Caremark Takes $290M Overbilling Judgment To 3rd Circ.
CVS's pharmacy benefits manager will appeal a judgment against the company that was recently increased from $95 million to $290 million in a suit alleging it overbilled Medicare Part D-sponsored drugs, according to a notice of appeal filed in Pennsylvania federal court.
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September 16, 2025
Maritime Recruiter Settles Naval Engineers' No-Poach Claims
A maritime jobs recruitment company has settled claims it participated in an illegal no-poach conspiracy to suppress wages among some of the country's biggest warship makers and naval engineering consultants, court records show.
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September 16, 2025
Feds Oppose Sierra Club's Bid To Freeze $50M In Border Funds
The Trump administration told a California federal court Monday that forcing it to honor a settlement agreement between the Sierra Club and the Biden administration to use $50 million in border security funds on environmental projects would place the government between two conflicting court orders.
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September 15, 2025
Mich. Says HHS Can't Justify $195M Medicaid Clawback
The state of Michigan urged a federal judge to find that the U.S. Department of Health and Human Services cannot catch a payday for its yearslong delay in affirming a decision to disallow $195 million in Medicaid payments to two state-operated psychiatric hospitals, arguing that the delay runs afoul of federal law and the department's own policies.
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September 15, 2025
GAO Rejects Protest Over $8.8M State Dept. HR Deal
The U.S. Government Accountability Office refused to fault an $8.8 million U.S. Department of State deal for contracting and human resources support services based on a Virginia company's protest asserting that it didn't receive a timely explanation of the award decision.
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September 15, 2025
Environmental Rules On Chopping Block For Gov't Contractors
The General Services Administration and Federal Acquisition Regulatory Council truncated their regulatory agendas, stripping rules aimed at minimizing forever chemicals and greenhouse gas emissions in government contracting, as part of the Trump administration's deregulatory program. Here, Law360 takes a look at the regulatory priorities for the two agencies.
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September 15, 2025
Engineer Who Tried To Pass Secrets To Russia Gets 10½ Years
A onetime defense contractor who held national security clearances will spend more than a decade in prison after he admitted to trying to help Russia and disclosing information about U.S. fighter jets to an undercover FBI agent, federal prosecutors said Monday.
Expert Analysis
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Series
Law School's Missed Lessons: Rejecting Biz Dev Myths
Law schools don’t spend sufficient time dispelling certain myths that prevent young lawyers from exploring new business opportunities, but by dismissing these misguided beliefs, even an introverted first-year associate with a small network of contacts can find long-term success, says Ronald Levine at Herrick Feinstein.
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Move Beyond Surface-Level Edits To Master Legal Writing
Recent instances in which attorneys filed briefs containing artificial intelligence hallucinations offer a stark reminder that effective revision isn’t just about superficial details like grammar — it requires attorneys to critically engage with their writing and analyze their rhetorical choices, says Ivy Grey at WordRake.
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3 Rulings May Reveal Next Frontier Of Gov't Contract Cases
Several U.S. Supreme Court decisions over the past year — involving wire fraud, gratuities and obstruction — offer wide-ranging and arguably conflicting takeaways for government contractors that are especially relevant given the Trump administration’s focus on diversity, equity and inclusion initiatives, say attorneys at Rogers Joseph.
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9th Circ. Has Muddied Waters Of Article III Pleading Standard
District courts in the Ninth Circuit continue to apply a defunct and especially forgiving pleading standard to questions of Article III standing, and the circuit court itself has only perpetuated this confusion — making it an attractive forum for disputes that have no rightful place in federal court, say attorneys at Gibson Dunn.
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Contract Disputes Recap: Spearin, Overpayments, Jurisdiction
Edward Arnold at Seyfarth examines three recent decisions addressing the limits of the Spearin doctrine in design-build contracts, the government's ability to recoup overpayments after a termination for convenience, and the Contract Disputes Act's strict and nonwaivable jurisdictional rules.
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Series
Competing In Modern Pentathlon Makes Me A Better Lawyer
Opening myself up to new experiences through competing in modern Olympic pentathlon has shrunk the appearance of my daily work annoyances and helps me improve my patience, manage crises better and remember that acquiring new skills requires working through your early mistakes, says attorney Mary Zoldak.
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Policy Shifts May Follow Burst Of Defense Cyber Settlements
Recent False Claims Act settlements with defense contractors MORSECORP and Nightwing suggest that cybersecurity standards for government contractors remain a key enforcement priority, but these may represent a final flurry of activity before the Trump administration transitions to different policy goals, say attorneys at Alston & Bird.
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Series
Law School's Missed Lessons: Teaching Yourself Legal Tech
New graduates often enter practice unfamiliar with even basic professional software, but budding lawyers can use on-the-job opportunities to both catch up on technological skills and explore the advanced legal and artificial intelligence tools that will open doors, says Alyssa Sones at Sheppard Mullin.
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How AI May Reshape The Future Of Adjudication
As discussed at a recent panel at Texas A&M, artificial intelligence will not erase the human element of adjudication in the next 10 to 20 years, but it will drive efficiencies that spur private arbiters to experiment, lead public courts to evolve and force attorneys to adapt, says Christopher Seck at Squire Patton.
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When Legal Advocacy Crosses The Line Into Incivility
As judges issue sanctions for courtroom incivility, and state bars advance formal discipline rules, trial lawyers must understand that the difference between zealous advocacy and unprofessionalism is not just a matter of tone; it's a marker of skill, credibility and potentially disciplinary exposure, says Nate Sabri at Perkins Coie.
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FCPA Enforcement Is Here To Stay, But It May Look Different
After a monthslong enforcement pause, the U.S. Department of Justice’s new Foreign Corrupt Practices Act guidelines fundamentally shift prosecutorial discretion and potentially reduce investigatory burdens for organizations, but open questions remain, so companies should continue to exercise caution, say attorneys at Simpson Thacher.
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Series
Volunteering At Schools Makes Me A Better Lawyer
Speaking to elementary school students about the importance of college and other opportunities after high school — especially students who may not see those paths reflected in their daily lives — not only taught me the importance of giving back, but also helped to sharpen several skills essential to a successful legal practice, says Guillermo Escobedo at Constangy.
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Bid Protest Spotlight: Jurisdiction, Price Range, Late-Is-Late
In this month's bid protest roundup, Thomas Lee at MoFo examines three May decisions from the U.S. Court of Federal Claims examining the court’s jurisdiction to rescind an executive order, the impact of agency error in establishing a competitive price range and application of the late-is-late rule to an electronic filing.
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DOE Grant Recipients Facing Termination Have Legal Options
Federal grant recipients whose awards have recently been rescinded by the U.S. Deparment of Energy have options for successfully challenging those terminations through litigation, say attorneys at Bracewell.
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Attacks On Judicial Independence Tend To Manifest In 3 Ways
Attacks on judicial independence now run the gamut from gross (bald-faced interference) to systemic (structural changes) to insidious (efforts to undermine public trust), so lawyers, judges and the public must recognize the fateful moment in which we live and defend the rule of law every day, says Jim Moliterno at Washington and Lee University.