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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
Power To The Paralegals: The Value Of Unified State Licensing
Texas' proposal to become the latest state to license paraprofessional providers of limited legal services could help firms expand their reach and improve access to justice, but consumers, attorneys and allied legal professionals would benefit even more if similar programs across the country become more uniform, says Michael Houlberg at the University of Denver.
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11 Tips For Contractors Dealing With DOD Staff Reductions
Defense contractors should prepare for a wide range of disruptions related to procurement and contract administration that are likely amid federal workforce reductions, say attorneys at Covington.
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Pay Cos. That Adapt Can Benefit As Gov't Ends Paper Checks
Recent executive orders, instructing the government to cease issuing paper checks and to modernize and fraud-proof federal payments, will likely benefit financial services providers that facilitate government disbursements — provided they can manage the challenges and risks of transitioning to fully digital payments, say attorneys at Davis Wright.
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10 Soft Skills Every GC Should Master
As businesses face shifting regulatory and technological uncertainty, general counsel will need to strengthen certain soft skills to succeed, from admitting when they make a mistake to maintaining a healthy dose of dispassion, says Douglas Brown at Manatt.
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Learning From COVID-19 Enforcement Against Nursing Homes
Five years after the COVID-19 outbreak caused a high number of deaths in nursing homes, an examination of enforcement actions against nursing homes in New York and elsewhere in the country highlights obstacles that may arise when bringing cases of this type, and ways to overcome them, says Kenneth Levine at Stone & Magnanini.
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Reviving A Dormant Criminal Statute In Antitrust Prosecution
The U.S. Department of Justice is poised to revive a dormant misdemeanor statute to resolve bid-rigging charges against a foreign national, providing important context to a recent effort to entice foreign defendants to take responsibility for pending charges or face the risk of extradition, say attorneys at Axinn.
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End May Be In Sight For Small Biz Set-Aside Programs
A Jan. 21 executive order largely disarming the Office of Federal Contract Compliance Programs, along with recent court rulings, suggests that the administration may soon attempt to eliminate set-asides intended to level the award playing field for small business contractors that qualify under socioeconomic programs, say attorneys at Alston & Bird.
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An Unrestrained, Bright-Eyed View Of Legal AI's Future
Todd Itami at Covington offers a bright-eyed, laughing-all-the-way, skydive look at what the legal industry could look like after an artificial intelligence revolution, which he believes may happen much sooner and more dramatically than we expect.
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Tracking The Evolution In Litigation Finance
Despite continued innovation, litigation finance remains an immature market with borrowers recieving significantly different terms as lenders learn to value cases, which firms need a strong handle on to ensure lending terms do not overwhelm collateral value, says Robert Wilkins at Lightfoot Franklin.
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Series
Volunteer Firefighting Makes Me A Better Lawyer
While practicing corporate law and firefighting may appear incongruous, the latter benefits my legal career by reminding me of the importance of humility, perspective and education, says Nicholas Passaro at Ford.
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What The Minimum Wage Shift Means For Gov't Contractors
While President Donald Trump's recent executive order rescinding a 2021 increase to the federal contractor minimum wage is welcome relief to some federal contractors and settles continued disagreement about its legality, there remains significant uncertainty and pitfalls over contractor wage obligations, say attorneys at Polsinelli.
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Bid Protest Spotlight: Instructions, Price Evaluation, Standing
In this month's bid protest roundup, Caitlin Crujido at MoFo looks at three recent decisions that consider a contractor's attempt to circumvent unambiguous solicitation instructions, the fairness of an agency's price evaluation and whether a protestor that would be unable to perform even if sucessful has standing.
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E-Discovery Quarterly: The Perils Of Digital Data Protocols
Though stipulated protocols governing the treatment of electronically stored information in litigation are meant to streamline discovery, recent disputes demonstrate that certain missteps in the process can lead to significant inefficiencies, say attorneys at Sidley.
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Series
Law School's Missed Lessons: Preparing For Corporate Work
Law school often doesn't cover the business strategy, financial fluency and negotiation skills needed for a successful corporate or transactional law practice, but there are practical ways to gain relevant experience and achieve the mindset shifts critical to a thriving career in this space, says Dakota Forsyth at Olshan Frome.
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Gov't Contractor Strategies For Getting Paid Amid Uncertainty
Mass agency personnel reductions and widespread contract terminations have introduced significant uncertainty into the federal market environment, but several legal and procedural mechanisms remain available to contractors to vindicate their contractual rights, say attorneys at Wiley.