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Government Contracts
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April 22, 2024
Calif. High Court Says Pretrial Inmates Can't Get Min. Wage
The California Supreme Court on Monday ruled that pretrial detainees who work while in jail are not entitled to minimum wage and overtime claims under California's labor law, finding the state's penal code permitting such work covers nonconvicted individuals.
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April 22, 2024
DOJ Legal Counsel Must Disclose Interagency Rulings: Judge
Opinions from the U.S. Department of Justice's Office of Legal Counsel on interagency disputes should be made available for public review, a judge has found, siding with an open government watchdog in a long-running records dispute.
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April 22, 2024
SpaceX Fights NLRB's Structure Again Over Agency Suit
SpaceX mounted another challenge to the constitutionality of the National Labor Relations Board's structure in Texas federal court, telling the judge to stop administrative proceedings over an unfair labor practice complaint alleging the company's severance agreement is unlawful.
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April 19, 2024
Ga. Judges Find No 'Magic Wand' For Voting Rights Suits
In a series of recent trials challenging Georgia’s election laws, federal judges have shown a reluctance to dictate sweeping changes to state voting protocols, preferring to tinker around the edges while leaving broad policymaking up to legislative officials.
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April 19, 2024
Kansas City Bank Sued Over Prepaid Cards For Ex-Detainees
A Kansas City, Missouri, bank faces a proposed class action accusing it of violating federal and state consumer protections laws in issuing prepaid debit cards to people who had their cash confiscated after being detained following an arrest, and then charging them fees to access their funds after their release.
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April 19, 2024
NY Nixes Power Deals With Trio Of Offshore Wind Projects
New York officials on Friday said they wouldn't offer power contracts to a trio of offshore wind projects, the latest setback for the Empire State in efforts to make offshore wind a key component of its clean energy future.
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April 19, 2024
Staffing Co. Can't Escape Bar On Task Order Protests
A staffing firm can't escape the "gravitational field" of a rule restricting the U.S. Court of Federal Claims' authority to review task orders, a judge has said, ditching its challenge to being disqualified from orders reserved for women-owned small businesses.
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April 19, 2024
Defense Firms Say 'Political Question' Dooms Yemeni War Suit
Three defense contractors warned a D.C. federal court that it would be improperly meddling with the executive branch's national security decisions if it didn't toss a lawsuit accusing the companies of supplying weapons used in Yemen's deadly civil war.
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April 19, 2024
Cohen Seglias Suit Says DOD Must Unblock Its Web Domain
Cohen Seglias Pallas Greenhall & Furman PC has sued a communications arm of the Department of Defense over claims a government software system mistakenly flagged the firm's web domain as malware, asking the agency to clear a "bureaucratic quagmire" and lift the block keeping DOD officials from contacting its lawyers.
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April 19, 2024
Taxation With Representation: Kirkland, Cleary, O'Melveny
In this week's Taxation With Representation, Resideo Technologies Inc. announced plans to buy Snap One Holdings Corp., APi Group said it bought an elevator maintenance company, Prysmian said it agreed to purchase Encore Wire, and Sayari said it closed on an investment from TPG.
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April 18, 2024
Ga.'s Absentee Rules Trample Political Speech, Court Told
At the close of a trial challenging provisions of Georgia's controversial 2021 election reform law, counsel for a pair of voter engagement groups told a federal judge Thursday the state's increased restrictions on absentee ballot mailers are counterproductive efforts that continue to infringe upon the First Amendment.
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April 18, 2024
Fed. Circ. Maintains Newman Can't Invalidate Disability Law
Suspended U.S. Circuit Judge Pauline Newman has still not proven that the Judicial Conduct and Disability Act has no constitutional uses and should therefore be invalidated, the Federal Circuit's judicial council told a D.C. federal judge Thursday.
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April 18, 2024
Claims Court Tosses L3Harris' Protest To $544M Satellite Deal
The U.S. Court of Federal Claims threw out L3Harris Technologies Inc.'s challenge to a rival's $544 million contract to build part of a weather satellite for NASA, according to a court filing.
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April 18, 2024
Alleged Funeral Home Fraudster A Flight Risk, Can't Leave Jail
A Colorado federal judge on Thursday ordered an owner of a funeral home where hundreds of bodies were allegedly left to decompose to stay in custody while he awaits related fraud charges, ruling that the potential for a hefty sentence made him a flight risk.
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April 18, 2024
Defense Paints Friend As Snitch In Ex-Ecuador Official's Trial
The defense attorney for former Ecuador comptroller Carlos Ramon Polit Faggioni painted a reinsurer who testified Wednesday against the official as a snitch and turncoat during a federal money laundering trial in Miami, saying he effectively became a government agent to get information that could be used against his friend.
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April 18, 2024
Army Didn't Award $693M Deal To Avoid Litigation, GAO Says
The U.S. Government Accountability Office shot down an Alabama engineering research firm's protest of a $692.9 million U.S. Army contract for test support services, rejecting the firm's contention that the Army awarded the deal to a competitor to avoid litigation.
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April 18, 2024
Clinic Head Gets 9 Years For Medicare Kickback, Tax Scheme
A health clinic manager was sentenced to nine years in prison and ordered to pay $40 million in restitution to the government for participating in a multimillion-dollar healthcare kickback scheme that involved tax fraud, according to documents in a New York federal court.
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April 18, 2024
GAO Rejects Another Protest Over $1B Medicare IT Deal
The U.S. Government Accountability Office has rejected another protest over an up to $1 billion Centers for Medicare and Medicaid Services information technology deal, saying the agency fairly assessed Spatial Front Inc.'s proposal and didn't treat the company unequally.
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April 18, 2024
Feds Say Ga. On The Hook For Segregated Learning Programs
Attorneys for the U.S. Department of Justice on Thursday urged a federal court to advance to trial a nearly 8-year-old lawsuit that accused the state of Georgia of running a "separate and unequal" program that segregates thousands of students with disabilities into substandard learning conditions.
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April 18, 2024
Would-Be Whistleblowers Drop ER Service Overbilling Claims
A North Carolina federal judge has granted two whistleblowers' request to drop their suit accusing a pair of healthcare companies and their affiliates of overcharging both state and federal Medicare and Medicaid programs for emergency services provided at multiple regional hospitals, dismissing the case without prejudice.
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April 18, 2024
Building Groups Say They Can Fight Prevailing Wage Rule
Several construction trade groups told a Texas federal judge that they don't need to point to specific members to support their argument that a U.S. Department of Labor final rule regulating prevailing wages will hurt them, urging the court to keep alive their suit challenging the rule.
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April 18, 2024
Admiral Balks At Covering Menendez Ally In Pollution Suit
Admiral Insurance Co. is asking a New Jersey federal court for a declaration that it owes no coverage to a businessman who is a co-defendant in U.S. Sen. Bob Menendez's bribery trial in a decade-long suit by Edgewater Borough over contamination at a construction site.
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April 18, 2024
DHS Watchdog Finds Use Of Force Issues In Fla. ICE Facility
Officers at a U.S. Immigration and Customs Enforcement detention facility in Miami used inappropriate force on detainees, including pepper-spraying a harmless and isolated individual through a slot in a cell door, according to a government watchdog report.
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April 18, 2024
Maui County Sued Over Wildfire Landfill Debris Storage
Maui County has been slapped with a lawsuit in Hawaii federal court alleging it relied on a deficient, 28-year-old environmental impact statement when taking over a nearly 20-acre parcel of land to house debris from last year's massive wildfires, in violation of the Hawaii Environmental Protection Act.
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April 18, 2024
Morgan Lewis Continues DC Growth With Ex-Covington Atty
Morgan Lewis & Bockius LLP has hired a career Covington & Burling LLP attorney, who joins the firm just days after a trio of Crowell & Moring LLP attorneys made the jump to the firm, two of whom are also based in Washington, D.C.
Expert Analysis
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Former Minn. Chief Justice Instructs On Writing Better Briefs
Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.
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Preparing For Possible Calif. Criminal Antitrust Enforcement
Though a recent announcement that the California Attorney General's Office will resume criminal prosecutions in support of its antitrust enforcement may be mere saber-rattling, companies and their counsel should nevertheless be prepared for interactions with the California AG's Antitrust Section that are not limited to civil liability issues, say Dylan Ballard and Lillian Sun at V&E.
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Stay Interviews Are Key To Retaining Legal Talent
Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.
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Direct Claims Ruling May Alter Gov't Ties To Software Firms
A recent Federal Circuit decision allowing a software developer to pursue legal action under the Contract Disputes Act could change the government's relationship with commercial software providers by permitting direct claims, even in third-party purchase situations, say Dan Ramish and Zach Prince at Haynes Boone.
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Contract Disputes Recap: Facts Differ But Same Rules Apply
Zachary Jacobson and Sarah Barney at Seyfarth examine two decisions illustrating that reliance on a technicality may not save an otherwise untimely appeal, and that enforcement of commercial terms and conditions under a federal supply schedule contract may be possible.
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Series
Spray Painting Makes Me A Better Lawyer
My experiences as an abstract spray paint artist have made me a better litigator, demonstrating — in more ways than one — how fluidity and flexibility are necessary parts of a successful legal practice, says Erick Sandlin at Bracewell.
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Draft Pay Equity Rule May Pose Contractor Compliance Snags
The Federal Acquisition Regulatory Council's recently proposed rule that would prohibit government contractors from requesting certain job applicants' salary history seems simple on the surface, but achieving compliance will be a nuanced affair for many contractors who must also adhere to state and local pay transparency laws, say attorneys at Hogan Lovells.
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10 Areas To Watch In Aerospace And Defense Contracting Law
The near future holds a number of key areas to watch in aerospace and defense contracting law, ranging from dramatic developments in the space industry to recent National Defense Authorization Act updates, which are focused on U.S. leadership in emerging technologies, say Joseph Berger and Chip Purcell at Thompson Hine.
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Opinion
Judicial Independence Is Imperative This Election Year
As the next election nears, the judges involved in the upcoming trials against former President Donald Trump increasingly face political pressures and threats of violence — revealing the urgent need to safeguard judicial independence and uphold the rule of law, says Benes Aldana at the National Judicial College.
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Opinion
NIST March-In Framework Is As Problematic As 2021 Proposal
While the National Institute of Standards and Technology's proposed march-in framework on when the government can seize patents has been regarded as a radical departure that will support lowering prescription drug costs, the language at the heart of it is identical to a failed 2021 notice of proposed rulemaking, says attorney Kelly Morron.
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Series
Riding My Peloton Bike Makes Me A Better Lawyer
Using the Peloton platform for cycling, running, rowing and more taught me that fostering a mind-body connection will not only benefit you physically and emotionally, but also inspire stamina, focus, discipline and empathy in your legal career, says Christopher Ward at Polsinelli.
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Compliance Steps After ABA White Collar Crime Conference
Senior law enforcement officials’ statements this month at the American Bar Association's white collar crime conference suggest government enforcement efforts this year will increasingly focus on whistleblower incentives, artificial intelligence and data protection, and companies will need to update their compliance programs accordingly, say attorneys at Baker McKenzie.
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Spartan Arbitration Tactics Against Well-Funded Opponents
Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.
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What Recent Study Shows About AI's Promise For Legal Tasks
Amid both skepticism and excitement about the promise of generative artificial intelligence in legal contexts, the first randomized controlled trial studying its impact on basic lawyering tasks shows mixed but promising results, and underscores the need for attorneys to proactively engage with AI, says Daniel Schwarcz at University of Minnesota Law School.
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Understanding Fixed-Price Gov't Contracts And Inflation Relief
Excerpt from Practical Guidance
Contractors party to fixed-price contracts should note the recent shift in the government’s approach to cost adjustments in light of inflation, and familiarize themselves with certain steps that could help mitigate economic losses arising from increased performance and delivery costs, says Craig Stetson at Capital Edge Consulting.