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Government Contracts
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August 19, 2025
IRS Told To Explain Granting $142M Contract Without Bids
The IRS must explain why it thinks an executive order mandating electronic tax payments required it to skip the competitive bidding process in awarding a $142 million contract for scanning and digitizing incoming tax filings, the Court of Federal Claims said.
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August 19, 2025
NASA Gets Sensor Co.'s Patent Deal Breach Claims Tossed
A U.S. Court of Federal Claims judge axed an Ohio company's claims that NASA breached contracts to license and commercialize the agency's patented sensor technology, ruling that NASA fulfilled its side of the bargain before ending the agreements.
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August 19, 2025
Trump's 'Abnormal' Use Of FCA Could Get Tricky In Court
The Trump administration is wielding the False Claims Act in unusually narrow ways to drive policies on social and cultural issues — including gender-affirming care and diversity, equity and inclusion programs — but the government's potential theories of liability under the federal law remain largely untested and might not hold up in court, experts say.
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August 18, 2025
OMB Says Agencies Can Cut Some Gov't Contract Requirements
The Office of Management and Budget authorized federal agencies to immediately start eliminating requirements from future government contracts as part of the Trump administration's effort to get rid of non-statutory rules from the Federal Acquisition Regulation.
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August 18, 2025
9th Circ. Splits Over Ore.'s Denial Of Christian Youth Grants
A split Ninth Circuit panel on Monday largely upheld a lower court's refusal to preliminarily block Oregon's requirement that recipients of certain youth grants agree not to discriminate on the basis of religion, though it also said the rule is unconstitutional if it restricts any initiatives that aren't tied to the grants.
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August 18, 2025
GAO Says $868M Navy Contract Evaluation Was Not Unfair
The U.S. Government Accountability Office denied a Virginia company's protest of a $868 million U.S. Navy contract for information technology support services, saying there's no proof that an unlevel playing field influenced the agency's assessment of the protester's proposal.
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August 18, 2025
AmeriCorps Restores $400M In Slashed Grants, Judge Told
AmeriCorps told a Maryland federal judge Monday that the agency restored around $400 million in funding to nonprofits canceled under the Trump administration in April, saying the government doesn't plan to ax grants before they end.
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August 18, 2025
AI Security Co. Reports $15M Settlement With Investors
A Massachusetts-based company whose AI-powered weapons detection product has come under scrutiny by federal regulators over allegedly exaggerated performance claims has reached a $15 million settlement in principle with investors in consolidated proposed class actions, according to a pair of filings.
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August 15, 2025
18 AGs, Governors Sue To Block DOE Funding Cap
A coalition of 19 states and Washington, D.C., on Friday hauled the U.S. Department of Energy into Oregon federal court, challenging a policy they say places a new cap on reimbursements for administrative and staffing costs, and thus slashes funds needed for state-run energy programs.
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August 15, 2025
Trump's Divisive 'China Initiative' May Get A Vigorous Reboot
The Trump administration's ongoing battles with major universities may soon include the revival of an initiative that, with mixed success, targeted professors with ties to China during the president's first term, and experts told Law360 the second incarnation may be even more aggressive.
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August 15, 2025
Mass. Nonprofit To Pay $1M To Settle FCA Allegations
A Massachusetts nonprofit will pay $1 million to settle allegations it violated the False Claims Act by securing a pandemic relief loan that it was never eligible for and was later forgiven, federal prosecutors said Friday.
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August 15, 2025
New Jersey AG Slams Power Broker's 'Flawed' Appeal Brief
South Jersey power broker George Norcross used a flawed argument in pushing back against New Jersey's effort to revive a dismissed criminal case against him, Attorney General Matthew Platkin has argued in a reply brief filed in state appellate court.
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August 15, 2025
'Creative' $2.5B DuPont Deal In NJ Is PFAS Road Map For AGs
After six years of litigation between New Jersey and E.I. du Pont de Nemours, including a series of bench trials, the chemical manufacturer agreed to a deal that committed more than $2 billion to cleaning up the Garden State from "forever chemical" contamination at four of its facilities, in the largest environmental settlement ever achieved by a single state.
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August 15, 2025
Boies Schiller Seeks To End Fla. Fee Suit Between Law Firms
Boies Schiller Flexner LLP and related defendants have moved to dismiss a Florida state lawsuit brought by a pharmaceutical mass tort law firm and related parties to block their former counsel from collecting fees after being fired for allegedly insufficient representation.
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August 15, 2025
3rd Circ. Won't Rehear Pa. County's Dominion Contract Suit
The Third Circuit has declined to revisit a ruling that a Pennsylvania county's commissioners lacked standing to sue Dominion Voting Systems over alleged security flaws during the 2020 election.
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August 14, 2025
Ed. Dept. Effort To Bar School Diversity Programs Blocked
A Maryland federal judge on Thursday held that the U.S. Department of Education violated the constitution and Administrative Procedure Act when it issued guidance that took aim at school diversity programs, ruling that the "law does not countenance the government's hasty and summary treatment of these significant issues."
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August 14, 2025
NYC Fires Back At Co.'s Migrant Busing Suit
New York City is coming out swinging against a lawsuit brought by a charter company that helped Texas bus thousands of migrants into the city and leave them there, saying that Roadrunner Charters wasn't injured by the city enforcing its own laws.
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August 14, 2025
Austin Asks Justices To Toss Abortion Travel Decision
The city of Austin, Texas, threw its weight behind San Antonio in the latter's fight against a state appeals court finding that barred San Antonio from funding out-of-state abortion travel, telling the Texas Supreme Court the ruling allows the state to thwart Texas cities' legislative process.
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August 14, 2025
DC Judge Halts Some USDA Climate Grant Terminations
A D.C. federal judge on Thursday halted the U.S. Department of Agriculture's termination of certain climate-focused grants awarded to five nonprofits, saying the terminations were likely arbitrary and capricious but stopping short of blocking the administration's broader grant termination policy.
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August 14, 2025
GSA Launches Generative AI Platform For Federal Agencies
The U.S. General Services Administration on Thursday announced the launch of USAi, which it described as a generative artificial intelligence platform that will allow federal agencies to experiment with chat-based AI, code generation and document summarization.
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August 14, 2025
NJ Officials Indicted Over Alleged Political Payback Plot
A state grand jury has indicted a current and a former board member of a New Jersey transit agency for their roles in allegedly blocking payments to a contractor as political retribution, New Jersey Attorney General Matthew J. Platkin announced Thursday.
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August 14, 2025
GAO Scolds Nev. Protester For Nonexistent Citations
The Government Accountability Office dismissed a Nevada company's protest of a solicitation issued by the U.S. Department of the Interior for school counselor services on Wednesday and scolded it for including "misleading citations or citations to non-existent decisions" in its protest.
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August 14, 2025
GAO Rejects Small Biz Protest Over Helicopter Harness Deal
The U.S. Government Accountability Office said an Arizona small business could not protest a fast-tracked Defense Logistics Agency procurement for helicopter engine wiring harnesses when it was unable to meet the rapid delivery schedule and did not submit a price quote.
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August 13, 2025
FINRA Fines Wells Fargo Over Muni Securities Biz Compliance
Wells Fargo will pay $275,000 to end Financial Industry Regulatory Authority claims that the bank for years lacked a supervisory system designed to ensure that its investment services for municipal entity customers did not require it to register as a municipal adviser.
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August 13, 2025
New Jersey Firm Fights Ouster From Bidding For DOD Contract
A New Jersey IT services integrator has filed a formal protest in the U.S. Court of Federal Claims challenging the U.S. Department of Defense's decision to exclude the company from further competition for a major federal information technology support contract.
Expert Analysis
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Series
Law School's Missed Lessons: Becoming A Firmwide MVP
Though lawyers don't have a neat metric like baseball players for measuring the value they contribute to their organizations, the sooner new attorneys learn skills frequently skipped in law school — like networking, marketing, client development and case evaluation — the more valuable, and less replaceable, they will be, says Alex Barnett at DiCello Levitt.
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Bid Protest Spotlight: Size, Supply Schedules, SINs
In this month's bid protest roundup, Alissandra McCann at MoFo examines three recent decisions, two of which offer helpful reminders for U.S. General Services Administration schedule holders drafting blanket purchase agreement proposals, and one for small-business joint ventures to avoid running afoul of the U.S. Small Business Administration's two-year rule.
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Perspectives
Reading Tea Leaves In High Court's Criminal Law Decisions
The criminal justice decisions the U.S. Supreme Court will announce in the coming weeks will reveal whether last term’s fractured decision-making has continued, an important data point as the justices’ alignment seems to correlate with who benefits from a case’s outcome, says Sharon Fairley at the University of Chicago Law School.
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$38M Law Firm Settlement Highlights 'Unworthy Client' Perils
A recent settlement of claims against law firm Eckert Seamans for allegedly abetting a Ponzi scheme underscores the continuing threat of clients who seek to exploit their lawyers in perpetrating fraud, and the critical importance of preemptive measures to avoid these clients, say attorneys at Lockton Companies.
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Only Certainty About FAR Reform Order Is Its Uncertainty
The president’s recent order overhauling the Federal Acquisition Regulation, which both contractors and agencies rely on to ensure predictability and consistency in federal procurement, lacks key details about its implementation, which will likely eliminate many safeguards that ensure contractors are treated fairly and that procurements are awarded in a reasonable manner, say attorneys at Miles & Stockbridge.
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Series
Teaching Business Law Makes Me A Better Lawyer
Teaching business law to college students has rekindled my sense of purpose as a lawyer — I am more mindful of the importance of the rule of law and the benefits of our common law system, which helps me maintain a clearer perspective on work, says David Feldman at Feldman Legal Advisors.
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Jurisdictional Issues At Play In 9th Circ.'s FCA Trade Case
A decision by the Ninth Circuit in Island Industries v. Sigma Corp. could result in the U.S. Court of International Trade’s exclusive jurisdiction over trade-related FCA cases, a big shift in the enforcement landscape just as tariffs take center stage in trade policy, say attorneys at Haynes Boone.
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Series
Law School's Missed Lessons: Mastering Discovery
The discovery process and the rules that govern it are often absent from law school curricula, but developing a solid grasp of the particulars can give any new attorney a leg up in their practice, says Jordan Davies at Knowles Gallant.
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Opinion
The IRS Shouldn't Go To War Over Harvard's Tax Exemption
If the Internal Revenue Service revokes Harvard's tax-exempt status for violating established public policy — a position unsupported by currently available information — the precedent set by surviving the inevitable court challenge could undercut the autonomy and distinctiveness of the charitable sector, says Johnny Rex Buckles at Houston Law Center.
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Cos. Must Assess And Prepare For Cartel-Related FCPA Risks
Given the Trump administration’s strong signaling that it will focus on drug cartels and transnational criminal organizations when it resumes Foreign Corrupt Practices Act enforcement, global businesses should refresh their risk assessments and conduct enhanced due diligence to account for these shifting priorities, say attorneys at Morgan Lewis.
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Series
Playing Guitar Makes Me A Better Lawyer
Being a lawyer not only requires logic and hard work, but also belief, emotion, situational awareness and lots of natural energy — playing guitar enhances all of these qualities, increasing my capacity to do my best work, says Kosta Stojilkovic at Wilkinson Stekloff.
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Takeaways From DOJ's Latest FCA Customs Fraud Intervention
The U.S. Department of Justice's recent intervention in a case alleging customs-related reverse False Claims Act fraud underlines the government’s increased scrutiny of, and importers’ corresponding exposure from, information related to product classification, country of origin and pricing, say attorneys at Bass Berry.
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Crisis Management Lessons From The Parenting Playbook
The parenting skills we use to help our kids through challenges — like rehearsing for stressful situations, modeling confidence and taking time to reset our emotions — can also teach us the fundamentals of leading clients through a corporate crisis, say Deborah Solmor at the Wisconsin Alumni Research Foundation and Cara Peterman at Alston & Bird.
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Series
Adapting To Private Practice: From NY Fed To BigLaw
While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.
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Top 3 Litigation Finance Deal-Killers, And How To Avoid Them
Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.