Government Contracts

  • March 15, 2024

    Fla. Tribe Urges No Pause In Suit Over State's Water Power

    The Miccosukee Tribe of Indians of Florida on Thursday urged a federal judge not to pause its lawsuit against the U.S. Environmental Protection Agency that alleges the state was improperly awarded authority over a Clean Water Act permitting program.

  • March 15, 2024

    Cannabis Sellers Want $6M Fees Refunded From Mass. Town

    A group of cannabis retailers are suing Great Barrington, Massachusetts, saying the town has illegally collected nearly $6 million in community impact fees, despite admitting in writing that the companies have caused virtually no costs to the town.

  • March 14, 2024

    Ex-LA Official Lied To Feds Immediately In Interview, Jury Told

    An FBI agent told a California federal jury on Thursday in former Los Angeles Deputy Mayor Raymond Chan's federal bribery trial that Chan lied to him during a 2018 interview immediately after he was warned that lying to the bureau is a crime.

  • March 14, 2024

    3D-Gun Info Group Loses Suit Over Publishing Blueprints

    The U.S. Court of Federal Claims tossed an open-source gun group's lawsuit alleging the federal government failed to follow a 2018 settlement allowing the group to publish firearm blueprints, rejecting the group's contention that dismissing a final claim would be unfair.

  • March 14, 2024

    Lawmakers Secure $1.3B For Native American Housing

    A record $1.34 billion will go toward Native American housing programs as part of an appropriations package passed by Congress, a $324 million increase over last year's funding.

  • March 14, 2024

    Feds Say Healthcare Ruling Could Upset Tribal Relationships

    The federal government is urging the U.S. Supreme Court to overturn a lower court's ruling that ordered Indian Health Services to reimburse millions in administrative healthcare costs, saying if the two tribes prevail in the litigation, it would upend 35 years of practice between the agency and its contracting tribes.

  • March 14, 2024

    Axon, Cities Fight Over Producing Material From FTC Case

    Axon Enterprise is sparring with municipalities accusing the police equipment maker of monopolizing the Taser and body camera markets, with the local governments pushing for what Axon described as the "premature and improper" production of discovery from the Federal Trade Commission's since-abandoned case.

  • March 14, 2024

    DOD Contractors Raise Double Jeopardy Issues With Retrial

    Two defense contractors asked a New Mexico federal court to bar prosecutors' evidence purportedly relating to a charge of conspiring to win small business contracts, saying the evidence actually relates to fraud charges for which they were already acquitted.

  • March 14, 2024

    Backers Of Colo. Wolf Release Can Defend State's Plan

    Defenders of Wildlife and other conservation groups can participate in a lawsuit seeking to block the further reintroduction of gray wolves into the state of Colorado, after a federal judge on Thursday said the groups have different interests from government agencies defending decisions related to the plan.

  • March 14, 2024

    Mass. High Court Says Tufts Win In Tenure Case 'Premature'

    Tenured professors at Tufts University whose salaries were slashed under a newly enacted requirement that they bring in at least half their income through research grants will have another chance to prove those pay cuts undermine academic freedom, Massachusetts' highest court said Thursday.

  • March 14, 2024

    Bechtel Missed Subcontractor Targets On Nuke Waste Project

    Bechtel National Inc. failed its subcontracting obligations while building a federal nuclear waste plant at the Hanford site in Washington state, lapses that cost businesses up to $700 million in missed opportunities, according to a watchdog agency report released Thursday.

  • March 14, 2024

    Energy Dept. Floats $2.26B Loan For Nev. Lithium Project

    The Biden administration is pitching a $2.26 billion loan to help fund lithium carbonate processing facilities at the controversial Thacker Pass mine in northern Nevada, saying they could support the production of as many as 800,000 electric vehicles a year.

  • March 14, 2024

    McDermott Eyes White Collar Growth With Orrick FCPA Pros

    McDermott Will & Emery LLP announced Thursday the addition of a seven-partner team from Orrick Herrington & Sutcliffe LLP that will focus on the Foreign Corrupt Practices Act and the False Claims Act, saying it hired the team with an eye toward its white collar and government investigation capabilities.

  • March 14, 2024

    DOD's Weapons Monitoring In Iraq Fell Short, Watchdog Says

    The U.S. Department of Defense failed to properly inspect and account for military equipment sent to Iraq to fight ISIS, raising the possibility of weapons going missing and falling into adversaries' hands, the department's internal watchdog said.

  • March 13, 2024

    GAO Backs $12.3M DISA Support Deal Despite Lower Quote

    The U.S. Government Accountability Office has denied a business consultant company's protest of a $12.3 million Defense Information Systems Agency task order, backing the agency's decision not to choose the company despite its lower price quotation and same ratings as the awardee.

  • March 13, 2024

    Hospital Manager Cements $3.5M Gabon Arbitration Award

    The Gabonese Republic must pay a $3.5 million arbitration award obtained by an Austrian healthcare management company, a D.C. federal judge ruled after the central African nation failed to appear in court.

  • March 13, 2024

    CoreCivic Beats Asylum-Seeker's Miscarriage Liability Suit

    A California federal judge handed CoreCivic Inc. a win Tuesday in a negligence lawsuit filed by an El Salvadorian asylum-seeker who alleged she miscarried while detained at the prison giant's immigration detention center near the U.S.-Mexico border, finding there to be no triable factual dispute over whether she miscarried in custody.

  • March 13, 2024

    Hospital Operator Defends Releases In Ch. 11 Plan

    California-based hospital operator Alecto Healthcare Services LLC asked a Delaware bankruptcy judge Wednesday to approve its small business Chapter 11 reorganization, saying it is not leaving money on the table by releasing potential clawback claims.

  • March 13, 2024

    Claims Court Lets $282M USPS Telematics Deal Protest Stand

    A Federal Claims Court judge has refused to toss a fleet-tracking technology company's protest of a $281.8 million U.S. Postal Service deal for a vehicle telematics system, rejecting USPS' contention the company couldn't sue without first exhausting agency-level remedies.

  • March 12, 2024

    Lima Loses Bid To Duck $140M Arb. Awards In Highway Row

    A D.C. federal judge on Tuesday refused to overturn $140 million in arbitral awards against the city of Lima, Peru, stemming from its dispute with a highway contractor, ruling that the contractor won those two awards "fair and square."

  • March 12, 2024

    Contractor Seeks Arbitration In $3M Guam Military Base Fight

    An electrical contractor has petitioned a Guam federal court to order a California-Japanese joint venture that had hired it for a project to improve U.S. military facilities to arbitrate their dispute related to nearly $3 million in allegedly unpaid costs.

  • March 12, 2024

    Suncor Deal With Colo. Over Air Monitoring Gets Judge's OK

    A Colorado state judge has approved a settlement agreement between Suncor and state air regulators over air quality monitoring around the oil and gas company's refinery near Denver.

  • March 12, 2024

    FEMA Claims Process Leaves NM Fire Victims Lost, Suit Says

    Five New Mexico residents are suing the Federal Emergency Management Agency over its response to a massive 2022 fire, alleging it has created delay, confusion and ambiguity in the claims process for the fire's victims.

  • March 12, 2024

    2nd Circ. Revives Parts Of McKesson Whistleblower Suit

    The Second Circuit on Tuesday revived parts of a lawsuit brought by a McKesson Corp. whistleblower who accuses the pharmaceutical company of a kickback scheme, finding that the lower court should reconsider the claims that were brought under state anti-kickback laws.

  • March 12, 2024

    Feds Cement Plea Deals In Ready-Mix Bid Rig Case

    A Georgia concrete company and an executive accused of participating in a price-fixing and bid-rigging scheme have reached plea agreements with the federal government, according to notices filed Tuesday.

Expert Analysis

  • What DOD Commercial Product Rule Means For Contractors

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    A recent amendment to the Defense Federal Acquisition Regulation Supplement, along with forthcoming changes to the definition of what constitutes a subcontract, will offer some relief for commercial products and services contractors, but the U.S. Department of Defense should do more to reduce regulatory burdens, say Daniel Ramish and Jonathan Shaffer at Haynes Boone.

  • Series

    Children's Book Writing Makes Me A Better Lawyer

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    Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.

  • Inside New Classified Contract Guidance For Joint Ventures

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    A recent Information Security Oversight Office notice clarifies the interplay between small business joint-venture rules and eligibility determinations for U.S. Department of Defense classified contracts, but it's still unclear how this should be interpreted for non-DOD procurements, says Todd Overman at Bass Berry.

  • Opinion

    Giving The Gov't Drug Patent March-In Authority Is Bad Policy

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    The Biden administration's recent proposal to allow government seizure of certain taxpayer-funded drug patents is a terrible idea that would negate the benefits of government-funded research, to the detriment of patients and the wider economy, says Wayne Winegarden at Pacific Research Institute.

  • How Clients May Use AI To Monitor Attorneys

    Excerpt from Practical Guidance
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    Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.

  • When Patients Have Standing For Hospital Antitrust Suits

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    Brown v. Hartford Healthcare Corp., recently decided by a Connecticut state court, provides a useful examination of how antitrust standing issues may be analyzed when patients directly sue a healthcare system for anti-competitive conduct, says Charles Honart at Stevens & Lee.

  • Lessons From This Year's Landmark Green Energy IP Clash

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    In this year's Siemens v. General Electric wind turbine patent dispute, a Massachusetts federal court offers a cautionary tale against willful infringement, and highlights the balance between innovation, law and ethics, as legal battles like this become more frequent in the renewable energy sector, say John Powell and Andrew Siuta at Sunstein.

  • Series

    The Pop Culture Docket: Judge D'Emic On Moby Grape

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    The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.

  • Inside DOD's Final Commercial Products And Services Rule

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    The recently released final amendment of a Defense Federal Acquisition Regulation Supplement provision will help streamline negotiations over subcontracts that provide commercial products and services, but its failure to address certain key questions means government contractors must still await further guidance, say Alex Sarria and Connor Farrell at Miller & Chevalier.

  • Series

    Performing Music Makes Me A Better Lawyer

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    The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.

  • Bid Protest Spotlight: Bias, Unequal Discussions, Timeliness

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    In this month's bid protest roundup, James Tucker at MoFo offers takeaways from three bid protests in the U.S. Government Accountability Office relating to the high standard for protests that allege agency bias, seeking revised proposals from just one offeror, and untimely objections to solicitation terms.

  • Breaking Down High Court's New Code Of Conduct

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    The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.

  • A Gov't Contractor's Guide To Davis-Bacon Prevailing Wages

    Excerpt from Practical Guidance
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    In light of shifting federal infrastructure priorities and recent updates to U.S. Department of Labor regulations, employers should take the time to revisit the basics of prevailing wage requirements for federal contractors under the Davis-Bacon Act and similar laws, says Timothy Taylor at Holland & Knight.

  • What New DHS Cybersecurity Policy Means For Bid Protests

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    The U.S. Department of Homeland Security's recently unveiled policy of factoring cybersecurity self-assessments into its overall evaluation of contractors could raise novel bid protest considerations for offerors in both the pre-award and post-award contexts, say Amy Hoang at Seyfarth and Sandeep Kathuria at L3Harris Technologies.

  • Opinion

    Legal Profession Gender Parity Requires Equal Parental Leave

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    To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.

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