Government Contracts

  • July 18, 2024

    Fed. Circ. OKs Navy Deal Despite Contractor's Labor Unrest

    The Federal Circuit denied Thursday a contractor's protest bids for U.S. Navy aircraft services contracts at two European bases, rejecting arguments that the lower court didn't properly consider the winning contractor's past labor violations and that the U.S. Supreme Court's overturning of the so-called Chevron doctrine "upends" the underlying decision.

  • July 18, 2024

    GAO Refuses To Disturb $3.8B Air Force Contract Award

    The U.S. Government Accountability Office backed the Air Force's decision to award a $3.85 billion contract for support services at a Tennessee base, rejecting a challenge lodged by a competing contractor, a decision made public Thursday showed.

  • July 18, 2024

    DOE Plans $861M Support For PR Solar, Storage Project

    The U.S. Department of Energy on Thursday said it's conditionally committing to a loan guarantee of up to $861.3 million for two battery storage equipped solar farms and two standalone battery energy storage systems in Puerto Rico that will help the island meet its energy goals.

  • July 18, 2024

    More Novel Protests May Follow OTA Jurisdiction Ruling

    A Court of Federal Claims decision asserting jurisdiction over certain disputes stemming from the U.S. government's authority to mimic commercial purchasing practices could open the door for more novel protests challenging the use of that authority.

  • July 18, 2024

    BAE Gets Wage Claims Cut From Engineer's Retaliation Suit

    A former engineer for BAE Systems adequately alleged that it understood he was raising concerns about his overtime pay when it chose to fire him, a Maryland federal magistrate judge ruled, keeping alive the ex-worker's retaliation claim while cutting his wage claims against the U.S. Navy contractor.

  • July 18, 2024

    Ga. County Escapes Jailer Discrimination Suit

    Troup County, Georgia, beat a retaliation and discrimination suit lodged by a former jail officer who had accused the county of allowing a chief deputy sheriff to allude to her being owned by someone in a slavery reference, according to a finding in federal court Wednesday.

  • July 18, 2024

    Term Extension For Ga. Utility Commish Unlawful, Suit Says

    Georgia's Secretary of State was hit with a lawsuit Tuesday from a voter and two advocacy groups challenging a recent law that extended the terms of the state's utility regulatory commission while their elections were suspended by voting rights litigation.

  • July 18, 2024

    Shelter Ignored Workers' Sex Abuse Of Migrant Kids, Feds Say

    The nation's largest housing provider for unaccompanied migrant children for years turned a blind eye to its employees raping, sexually abusing and harassing children in its care, the U.S. Department of Justice said Thursday in announcing its lawsuit filed in Texas federal court.

  • July 18, 2024

    Alstom Wants Las Vegas Train's 'Buy America' Waiver Voided

    Train manufacturer Alstom alleges in a new federal lawsuit that it was unfairly shut out of competing for a lucrative supply contract for Las Vegas' proposed high-speed passenger rail line when the project recently scored a Buy America waiver for foreign-made trainsets from rival manufacturer Siemens.

  • July 18, 2024

    Docs Get Same Hefty Opioid Sentences Despite Top Court Win

    Two Alabama doctors accused of unlawfully prescribing patients fentanyl and other opioids failed to shave time off their lengthy prison sentences despite a landmark U.S. Supreme Court decision that raised the bar for such prosecutions.

  • July 18, 2024

    PharMerica Inks $100M Deal In 13-Year-Old Whistleblower Suit

    PharMerica Corp. has agreed to pay $100 million to settle a former New Jersey nursing home owner's long-running whistleblower litigation over an alleged drug kickback scheme, according to the plaintiff's law firm.

  • July 18, 2024

    SolarWinds Beats Most Claims In SEC's Data Breach Suit

    A New York federal judge on Thursday delivered a heavy blow to the U.S. Securities and Exchange Commission's case against software developer SolarWinds Corp. by dismissing substantial portions of the lawsuit, including claims that the company committed securities fraud by minimizing the severity of a state-sponsored attack on its flagship product.

  • July 17, 2024

    Defense Contractor CAE Faces Investor Suit Over Overruns

    Defense contractor CAE was hit with a proposed shareholder class action alleging it misrepresented major incurred costs related to contracts the company entered into before the COVID-19 pandemic.

  • July 17, 2024

    Watchdog Says Army Didn't Properly Review Ukraine Invoices

    A U.S. Department of Defense watchdog has criticized the U.S. Army for failing to properly oversee a task order supporting maintenance and repair of equipment for Ukraine, saying the Army allowed $20 million in contractor invoices to be paid without checking they were legitimate.

  • July 17, 2024

    DOE Says Challenge Of $1.1B Diablo Canyon Award Must Fail

    The U.S. Department of Energy is urging a California federal judge to throw out a suit challenging its award of $1.1 billion of credits to help Pacific Gas & Electric Co. keep two generation units running for now at the Diablo Canyon nuclear power plant.

  • July 17, 2024

    Yet Another Patent Owner Wants High Court To Review Alice

    A small Alabama company that claims to have invented a new way of "processing returned mail" is the latest to complain to the U.S. Supreme Court about the state of patent eligibility law after the company was unable to enforce its patent against the U.S. Postal Service.

  • July 17, 2024

    Fed. Gov't Can't Slip Suit Over Affordable Housing Loan

    A U.S. Court of Federal Claims judge has refused to dismiss a company's suit alleging the federal government violated a loan agreement and now owes the company for the taking of its property.

  • July 16, 2024

    Claims Court Can Decide Follow-On Other Transaction Deal

    A Court of Federal Claims judge ruled that her court has jurisdiction to hear a dispute over a contract following on from a U.S. Army Other Transaction Authority agreement, but threw out the case anyway because the protester let a required federal registration lapse.

  • July 16, 2024

    Musk Says X, SpaceX Moving To Texas Over Calif. Gender Law

    Elon Musk took to X Tuesday to announce he will be moving the headquarters of the social media company and his astronautics company, SpaceX, out of California to Texas, after Golden State Gov. Gavin Newsom signed a bill that bars policies mandating that teachers notify parents about students' gender identity.

  • July 16, 2024

    KBR Whistleblower Loses $1.1M Settlement Award At 5th Circ.

    The Fifth Circuit on Tuesday reversed a KBR Inc. whistleblower's $1.1 million share of a False Claims Act settlement over alleged Iraq War contract kickbacks, agreeing with the federal government that the now-deceased whistleblower's estate deserved nothing since none of his claims were settled.

  • July 16, 2024

    Ill. Judge Wants Expert Testimony Preview In Madigan Trial

    An Illinois federal judge said Tuesday that he needs to hear more about potential testimony from certain Chicago politics experts and a proposal to research potential jurors before he decides whether either are appropriate for former state House speaker Michael Madigan's corruption trial.

  • July 16, 2024

    DC Circ. Says Iraq Immune To $120M Contract Row

    A D.C. Circuit panel on Tuesday threw out a $120 million judgment levied against Iraq for its refusal to pay a Pennsylvania defense contractor for rebuilding the country's military equipment, ruling after more than a decade of litigation that Iraq is immune from the jurisdiction of the U.S. courts.

  • July 16, 2024

    Development Co. Says Chubb Unit Must Cover Defense Costs

    An economic development company told a Delaware federal court its insurer must cover the over $7.6 million it has incurred while facing a government agency's allegations that it violated the False Claims Act in connection with the agency's claim that one of its subcontractors overbilled the agency.

  • July 16, 2024

    Full 4th Circ. Won't Hear Student Loan Biz's Sealed Docs Case

    The Fourth Circuit on Tuesday declined to grant a full court rehearing to a student loan provider that wanted to shield court filings from a filmmaker after a panel found he had a First Amendment right to the information.

  • July 16, 2024

    Durbin Probes ICE Healthcare Measures After Death Reports

    Senate Majority Whip Dick Durbin, D-Ill., on Tuesday pressed U.S. Immigration and Customs Enforcement to explain its protections for medically vulnerable detainees after human rights organizations reported that the agency could have prevented most detainee deaths between 2017 and 2022.

Expert Analysis

  • Series

    After Chevron: Bid Protest Litigation Will Hold Steady For Now

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    Though the substantive holding of Loper Bright is unlikely to affect bid protests because questions of statutory interpretation are rare, the spirit of the U.S. Supreme Court's decision may signal a general trend away from agency deference even on the complex technical issues that often arise, say Kayleigh Scalzo and Andrew Guy at Covington.

  • Opinion

    Now More Than Ever, Lawyers Must Exhibit Professionalism

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    As society becomes increasingly fractured and workplace incivility is on the rise, attorneys must champion professionalism and lead by example, demonstrating how lawyers can respectfully disagree without being disagreeable, says Edward Casmere at Norton Rose.

  • Series

    After Chevron: Piercing FEMA Authority Is Not Insurmountable

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    While the Federal Emergency Management Agency's discretionary authority continues to provide significant protection from claims under the Administrative Procedure Act, Loper Bright is a blow to the argument that Congress gave FEMA unfettered discretion to administer its own programs, says Wendy Huff Ellard at Baker Donelson.

  • 'Outsourcing' Ruling, 5 Years On: A Warning, Not A Watershed

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    A New York federal court’s 2019 ruling in U.S. v. Connolly, holding that the government improperly outsourced an investigation to Deutsche Bank, has not undercut corporate cooperation incentives as feared — but companies should not completely ignore the lessons of the case, say Temidayo Aganga-Williams and Anna Nabutovsky at Selendy Gay.

  • Series

    Serving In The National Guard Makes Me A Better Lawyer

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    My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at Baker Donelson.

  • Big Business May Come To Rue The Post-Administrative State

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    Many have framed the U.S. Supreme Court’s recent decisions overturning Chevron deference and extending the window to challenge regulations as big wins for big business, but sand in the gears of agency rulemaking may be a double-edged sword, creating prolonged uncertainty that impedes businesses’ ability to plan for the future, says Todd Baker at Columbia University.

  • A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates

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    Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.

  • Criminal Enforcement Considerations For Gov't Contractors

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    Government contractors increasingly exposed to criminal liability risks should establish programs that enable detection and remediation of employee misconduct, consider voluntary disclosure, and be aware of the potentially disastrous consequences of failing to make a mandatory disclosure where the government concludes it was required, say attorneys at Crowell & Moring.

  • Opinion

    States Should Loosen Law Firm Ownership Restrictions

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    Despite growing buzz, normalized nonlawyer ownership of law firms is a distant prospect, so the legal community should focus first on liberalizing state restrictions on attorney and firm purchases of practices, which would bolster succession planning and improve access to justice, says Michael Di Gennaro at The Law Practice Exchange.

  • Series

    Solving Puzzles Makes Me A Better Lawyer

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    Tackling daily puzzles — like Wordle, KenKen and Connections — has bolstered my intellectual property litigation practice by helping me to exercise different mental skills, acknowledge minor but important details, and build and reinforce good habits, says Roy Wepner at Kaplan Breyer.

  • Texas Ethics Opinion Flags Hazards Of Unauthorized Practice

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    The Texas Professional Ethics Committee's recently issued proposed opinion finding that in-house counsel providing legal services to the company's clients constitutes the unauthorized practice of law is a valuable clarification given that a UPL violation — a misdemeanor in most states — carries high stakes, say Hilary Gerzhoy and Julienne Pasichow at HWG.

  • Series

    After Chevron: Good News For Gov't Contractors In Litigation

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    The net result of the U.S. Supreme Court's decision overturning Chevron deference is that individuals, contractors and companies bringing procurement-related cases against the government will have new pathways toward success, say Joseph Berger and Andrés Vera at Thompson Hine.

  • Electrifying Transportation With Public-Private Partnerships

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    Many clean energy goals remain public policy abstractions that face a challenging road to realization — but public-private partnership models could be a valuable tool to electrify the transportation sector, says Michael Blackwell at Husch Blackwell.

  • In Memoriam: The Modern Administrative State

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    On June 28, the modern administrative state, where courts deferred to agency interpretations of ambiguous statutes, died when the U.S. Supreme Court overruled its previous decision in Chevron v. Natural Resources Defense Council — but it is survived by many cases decided under the Chevron framework, say Joseph Schaeffer and Jessica Deyoe at Babst Calland.

  • How High Court Approached Time Limit On Reg Challenges

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    The U.S. Supreme Court's decision in Corner Post v. Federal Reserve Board effectively gives new entities their own personal statute of limitations to challenge rules and regulations, and Justice Brett Kavanaugh's concurrence may portend the court's view that those entities do not need to be directly regulated, say attorneys at Snell & Wilmer.

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