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Government Contracts
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September 04, 2025
Feds Seek Stay On Court Order Releasing Foreign Aid Billions
The Trump administration urged the D.C. Circuit on Thursday to stay a federal judge's order that it release billions in frozen foreign aid pending its appeal, saying the disbursement will likely be "impossible" to recover according to the international aid organization plaintiffs' "own description of their financial condition."
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September 04, 2025
5th Circ. Ponders If Lack Of Vote Can Beget Takings Claim
A Fifth Circuit judge pushed counsel for real estate ownership entities to explain how a Texas city council declining to grant a time extension could give rise to a claim that the state interfered with private rights, saying Thursday the city council seemingly just did nothing.
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September 04, 2025
GAO Calls On VA To Boost Exam Contractor Oversight
The U.S. Government Accountability Office urged the U.S. Department of Veterans Affairs to strengthen its procedures after a review found that one of its offices paid $2.3 million worth of unearned incentives to contractors hired to provide medical exams for veteran disability claims.
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September 04, 2025
Chevron, Exxon Kick Off High Court La. Pollution Case
Chevron and Exxon Mobil Corp. on Thursday asked the U.S. Supreme Court to overturn the Fifth Circuit's ruling that Louisiana state court, not federal court, is the proper venue for claims that their World War II-era oil production activities violated state law.
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September 04, 2025
Seattle Police Free From Federal Oversight After 13 Years
Seattle police have demonstrated "sustained compliance" with a federal consent decree put in place more than 13 years ago in response to the department's allegedly unconstitutional use of force, a Washington federal judge has ruled, returning full control of the department to city leaders.
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September 04, 2025
Why The Harvard Funding Case Is 'Clear As Mud' On Appeal
A sweeping Harvard University victory in a suit challenging President Donald Trump's block on $2.2 billion in grant funding tees up a high-stakes appeal that experts say may turn on a wonky jurisdictional issue on which the U.S. Supreme Court seems to lack any sort of consensus.
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September 04, 2025
Judge Questions Defense Dept. Cap On Research Costs
A Massachusetts federal judge weighing whether to vacate a U.S. Department of Defense cap on administrative costs for research funding programs said Thursday that the government appeared to have ignored a series of injunctions in similar challenges to Trump administration grant cuts and terminations when it imposed the across-the-board limits.
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September 04, 2025
Covington Brings Back DOJ Leader To Helm FCA Practice
Covington & Burling LLP is welcoming back a former deputy assistant attorney general overseeing civil fraud with the U.S. Department of Justice to serve as the chair of its False Claims Act investigations and litigation practice group, the firm said Thursday.
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September 03, 2025
Ga. County Can't Recoup Bio-Lab Emergency Response Costs
A Georgia federal judge said a metro Atlanta county can't recover its emergency services expenses in responding to the massive Bio-Lab chemical plant fire last year, but left the door open for the county to win damages from the resulting economic fallout of the disaster.
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September 03, 2025
7th Circ. Backs AbbVie's Win Against Ex-Sales Rep's FCA Suit
The Seventh Circuit declined to revive a former AbbVie employee's False Claims Act retaliation suit alleging he faced repercussions for refusing to push Vraylar's off-label use to treat major depressive disorder, ruling Wednesday he didn't put AbbVie on notice that he reasonably believed it was defrauding the government.
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September 03, 2025
Lockheed, Pratt & Whitney Can't Keep Up With F-35 Deliveries
The U.S. Department of Defense plans to boost production of its F-35 strike fighter aircraft, despite Lockheed Martin's and Pratt & Whitney's inability to keep up with current aircraft and engine deliveries, the U.S. Government Accountability Office said in a report issued Wednesday.
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September 03, 2025
Trump's Refugee Admission Pause Looks Legal To 9th Circ.
Two Ninth Circuit judges suggested on Wednesday that President Donald Trump had the authority to suspend U.S. refugee admissions in a January executive order, while also hinting that his administration went too far by pulling funding for resettlement support.
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September 03, 2025
GAO Says DOD Lacks Crucial Info On Prototype Deals
The U.S. Department of Defense doesn't track whether special deals to develop prototypes result in a standard production contract, making it difficult to determine whether such deals are working to get new capabilities to troops as intended, according to a U.S. Government Accountability Office report issued Wednesday.
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September 03, 2025
Mich. Atty Tells Appeals Court He's Worth $1,500 Per Hour
A Michigan attorney told an appellate panel Wednesday that his track record and experience warrant the $1,500 hourly rate awarded by a trial court which found a city's breach-of-contract suit against his client, a former councilor, was frivolous.
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September 03, 2025
Quinn Emanuel Looks To Shut Down Mexican Doc Bid
Quinn Emanuel has asked a Miami federal court to end a Mexican oil company's request for documents relating to three criminal proceedings and in one bankruptcy action, all pending in Mexico, arguing that the requested discovery may be conducted without the aid of U.S. courts.
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September 03, 2025
Judge Backs Harvard In Suit Over Trump's $2B Fund Freeze
The Trump administration illegally froze more than $2 billion in grants earmarked for Harvard University when it failed to offer an explanation as to how cutting the funds addressed the government's stated goal of ending antisemitism on campus, a Massachusetts federal judge ruled Wednesday.
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September 03, 2025
Wash. Court Pressed To Immediately End EV Funding Freeze
Clean energy advocates have urged a Washington federal judge to wipe out the Trump administration's decision to freeze funding for new electric-vehicle charging infrastructure, saying the government can't be allowed to drag its feet on a pledge to restore funding.
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September 02, 2025
5th Circ. Judge Says Reimbursement Drop 'Not Chicken Feed'
A U.S. Circuit judge pushed the government to explain the policy rationale behind lowering how much hospitals can recoup in Medicare reimbursements for treating low-income patients who use state-specific programs, saying Tuesday the rule was seemingly aimed at "screwing these hospitals out of reimbursements."
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September 02, 2025
DC Circ. Says EPA Can Freeze Climate Grant Funds
A D.C. Circuit panel vacated an injunction on Tuesday ordering Citibank to relinquish grant funding frozen by the U.S. Environmental Protection Agency, finding green groups are not likely to succeed on the merits of their "essentially contractual" claims.
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September 02, 2025
GAO Report Says FEMA Funding Should Go Directly To Tribes
The U.S. Government Accountability Office on Tuesday urged Congress to provide direct Federal Emergency Management Agency funding to Native American tribes hit by tornadoes, reporting that 17 states in a recent 10-year period did not distribute any FEMA awards to tribes.
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September 02, 2025
Feds Can't Exit Suit Over Fatal USAF Base Wall Collapse
A Georgia federal judge said Tuesday that he won't dismiss a lawsuit from the parents of a teen killed by a collapsing partition wall at Robins Air Force Base, ruling it was too soon to tell if the government's duty to keep up the base infrastructure was a discretionary one.
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September 02, 2025
Defunding Planned Parenthood Is Meant To Punish, Judge Says
A Massachusetts federal judge on Friday refused to lift an order that keeps Medicaid reimbursements flowing to Planned Parenthood, ruling that legislation intended to halt the organization's federal funding appears to illegally target the group for punishment.
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September 02, 2025
Gov't Says Fla. Ex-Rep Can't Escape Foreign Agent Case
A former congressman and political consultant accused of secretly lobbying for the Venezuelan government should not be allowed to escape Foreign Agents Registration Act charges, the U.S. government argued, saying the law is not a violation of their free speech rights.
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September 02, 2025
GAO Says Army Contract Needs Haven't Changed
The Army may intend to merge two distant commands under one roof, but it doesn't have to amend an intelligence support services solicitation issued for one of them just yet, the U.S. Government Accountability Office said, denying a Virginia company's protest.
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August 29, 2025
Prison Phone Cos., Sheriffs Tell FCC Rate-Cap Delay Needed
A pair of prison phone service providers and the National Sheriffs' Association asked the Federal Communications Commission not to rethink a delay on implementing new caps on rates charged for prison phone calls, arguing that the pause is needed for the FCC to reevaluate the caps and related rules.
Editor's Picks
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The Latest On Escobar's FCA Impact
Federal courts across the country are handing down important rulings interpreting the U.S. Supreme Court’s landmark decision on False Claims Act liability in Universal Health Services v. Escobar. As the rulings keep pouring in, stay up to speed on Law360’s latest coverage and analysis of Escobar’s impact.
Expert Analysis
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Series
Teaching Trial Advocacy Makes Us Better Lawyers
Teaching trial advocacy skills to other lawyers makes us better litigators because it makes us question our default methods, connect to young attorneys with new perspectives and focus on the needs of the real people at the heart of every trial, say Reuben Guttman, Veronica Finkelstein and Joleen Youngers.
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Federal AI Action Plan Marks A Shift For Health And Bio Fields
The Trump administration's recent artificial intelligence action plan significantly expands federal commitments across biomedical agencies, defining a pivotal moment for attorneys and others involved in research collaborations, managing regulatory compliance and AI-related intellectual property, says Mehrin Masud-Elias at Arnold & Porter.
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Series
Adapting To Private Practice: From Texas AUSA To BigLaw
As I learned when I transitioned from an assistant U.S. attorney to a BigLaw partner, the move from government to private practice is not without its hurdles, but it offers immense potential for growth and the opportunity to use highly transferable skills developed in public service, says Jeffery Vaden at Bracewell.
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Advice For 1st-Gen Lawyers Entering The Legal Profession
Nikki Hurtado at The Ferraro Law Firm tells her story of being a first-generation lawyer and how others who begin their professional journeys without the benefit of playbooks handed down by relatives can turn this disadvantage into their greatest strength.
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How 9th Circ. Customs Ruling Is Affecting FCA Litigation
The Ninth Circuit’s recent Island Industries decision holding that the U.S. Court of International Trade doesn’t have exclusive jurisdiction over whistleblower suits involving import duties has set the stage for the False Claims Act to be a key weapon on the customs enforcement battlefield, say attorneys at Haynes Boone.
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Series
Coaching Cheerleading Makes Me A Better Lawyer
At first glance, cheerleading and litigation may seem like worlds apart, but both require precision, adaptability, leadership and the ability to stay composed under pressure — all of which have sharpened how I approach my work in the emotionally complex world of mass torts and personal injury, says Rashanda Bruce at Robins Kaplan.
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How To Address Tariff-Related Risks In Commercial Contracts
Companies' commercial agreements may not clearly prescribe which party bears the risks and consequences of tariff-related fallout, but cases addressing common-law defenses and force majeure have one key takeaway, say attorneys at Morgan Lewis.
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Series
Law School's Missed Lessons: How To Make A Deal
Preparing lawyers for the nuances of a transactional practice is not a strong suit for most law schools, but, in practice, there are six principles that can help young M&A lawyers become seasoned, trusted deal advisers, says Chuck Morton at Venable.
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11th Circ. Ruling Shows Federal Question Jurisdiction Limits
The Eleventh Circuit's recent decision in AST Science v. Delclaux shows why it is extremely difficult for litigants to maintain a state law cause of action in federal court under Supreme Court precedent, says Paul Avron at Berger Singerman.
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From Clerkship To Law Firm: 5 Transition Tips For Associates
Excerpt from Practical Guidance
Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.
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Cybersecurity Risks Can Lurk In Gov't Contractor Acquisitions
The Justice Department’s recent False Claims Act enforcement activity against Raytheon and Nightwing-related defense contractors demonstrates the importance of identifying and mitigating potential cybersecurity compliance risks when acquiring a company that contracts with the federal government, say attorneys at Foley & Lardner.
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Budget Act Should Boost Focus On Trade Compliance
Passage of the One Big Beautiful Budget Act, coupled with recent U.S. Department of Justice statements that it will use the False Claims Act aggressively to pursue trade, tariff and customs fraud, marks a sharp increase in trade-related enforcement risk, say attorneys at Debevoise.
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Associates Can Earn Credibility By Investing In Relationships
As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.
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Opinion
Congressional Bid Protest Concerns Lack Evidence
The U.S. Government Accountability Office's most recent congressionally mandated report on the bid protest process showed little reason for concern, and underlined that further scrutiny should cease until data is collected that would enable the identification of purported problems, say attorneys at Fox Rothschild.
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Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling
The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.