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Government Contracts
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December 05, 2023
Political Concerns Marred $14.9B Malaysia Case, Court Hears
The winners of a $14.9 billion arbitral award issued in a territorial dispute with Malaysia are now alleging that political concerns over a lucrative aerospace contract with Kuala Lumpur provided the impetus for a Spanish court decision unseating the arbitrator appointed to oversee the arbitration.
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December 05, 2023
GAO Lets $1.2B Deal Proceed After Small Biz Status Revoked
The U.S. Government Accountability Office has tossed a protest over a $1.19 billion U.S. Coast Guard ship construction contract, saying the agency did not have to rescind its award after the contractor lost its small business status.
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December 05, 2023
Criminal Probe Ruled No Excuse For Late Filing Of $5.5M Case
The U.S. Armed Services Board of Contract Appeals was unconvinced that a contractor's efforts to "tread lightly" amid a criminal investigation justified its delay in filing a $5.5 million breach of contract case, tossing most of the case as time-barred.
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December 05, 2023
Claims Court Rules Space Force Software Deal Denial Proper
The U.S. Court of Federal Claims backed the U.S. Space Force's decision not to award a consulting company a data management software contract for failing to meet a platform requirement, rejecting the company's contention that what the requirement entailed wasn't clear.
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December 05, 2023
Monsanto Gets Roundup Carcinogen Suit Dismissed
A California federal judge has dismissed with prejudice a suit by consumers alleging that ingredients in Monsanto's Roundup could form a dangerous cancer-causing substance, saying the complaint fails to allege that such a thing has happened in the products at issue.
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December 05, 2023
NTIA Head Calls Opening Gov't Spectrum 'A Hard Assignment'
The head of the National Telecommunications and Information Administration once again called for Congress to increase funding for the Federal Communications Commission's Affordable Connectivity Program, and tried to temper expectations of how quickly the NTIA might open up government-used spectrum, in a congressional hearing on Tuesday.
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December 05, 2023
Export-Import Bank Slammed As Major Fossil Fuel Financier
Environmental group Friends of the Earth U.S. slapped the U.S. Export-Import Bank with an international complaint Tuesday alleging the agency has poured billions of dollars into fossil fuel projects, despite the Biden administration's commitment to end such international public financing.
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December 05, 2023
Ex-Hospital CFO, 3 Doctors Settle Kickback Case For $880K
A former hospital finance chief and three doctors in Texas will pay a total of more than $880,000 to the government to settle its allegations that they were involved in a kickback scheme to steer patients to specific laboratories for testing, the U.S. Department of Justice revealed this week.
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December 05, 2023
Senators Debate Reimbursement Ideas To Fix Drug Shortages
Hospitals and other healthcare providers have little incentive to choose the most reliable manufacturers when buying generic drugs, exacerbating the risk of shortages that threaten patients' lives, experts told U.S. senators on Tuesday.
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December 05, 2023
App Maker Says Faux Atty Lied In Prisoner-Transport Biz Buy
A cryptocurrency influencer and owner of a Pittsburgh-based AI app company said his former chief investment officer faked his bona fides as an attorney and pilot when enticing him to buy a Colorado prisoner-transport company, then backed out of the business and sabotaged its prospects, according to a lawsuit filed in Pennsylvania state court.
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December 05, 2023
Utah Groups File Suit Over Plan For World's Longest Gondola
Two conservation groups in Utah claim the state's transportation department conducted a flawed environmental review for its pitch to build a record-setting gondola that would carry skiers and snowboarders from the outskirts of Salt Lake City up through the scenic Little Cottonwood Canyon to two popular ski resorts some eight miles away in the Wasatch Mountains.
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December 05, 2023
Ala. Pot Co. Sues Regulators Over Rescinded License
A cannabis processor is suing the Alabama Medical Cannabis Commission and its members in federal court, alleging that its processing license was rescinded without notice or proper justification after it paid a $40,000 licensing fee, in violation of due process rights.
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December 05, 2023
CDC's $27M Software Deal Gets OK Over Incumbent's Protest
The U.S. Government Accountability Office backed the Centers for Disease Control and Prevention's decision to have a new company take on a $27 million software hosting services deal, rejecting an incumbent contractor's contention that the agency unreasonably evaluated their proposals.
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December 04, 2023
Tenn. Seeks To Bar HHS Title X Denial Over Abortion Stance
Tennessee Attorney General Jonathan Skrmetti said the U.S. Department of Health and Human Services is overstepping its power by asking clinics that want Title X funding to refer patients for abortions that are illegal in the state, according to a motion filed in Tennessee federal court.
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December 04, 2023
DeSantis Tourism Board Accuses Disney Of Bribery, Cronyism
The tourism board appointed by Gov. Ron DeSantis issued a report Monday criticizing The Walt Disney Co. for gifting theme park tickets and other perks "akin to bribes" to members of the previous board, which it said facilitated the "most egregious exhibition of corporate cronyism in modern American history."
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December 04, 2023
Fed. Circ. Not Sure It Should Answer PREP Immunity Question
Puritan Medical Products told the Federal Circuit it's immune from a rival's patent suit over COVID-19 test swabs due to a law that shields certain activity aimed at resolving the spread of a disease during a public health emergency, but the panel didn't seem sure it was its place to decide.
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December 04, 2023
FirstEnergy Lands Stay In Investor Suit Over Bribery Scandal
An Ohio federal judge and a magistrate judge have asked a special master to issue a report and recommendation on a bid by FirstEnergy Corp. to stay all discovery in an investor suit over the company's involvement in a massive bribery scheme to bail out two failing nuclear energy plants, while the utility company appeals class certification.
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December 04, 2023
DOD Urged To Explain Reports Russian Oil Seeping Into US
Sens. Maggie Hassan, D-N.H., and Marco Rubio, R-Fla., have urged the Pentagon to explain its efforts to ensure the U.S. isn't using sanctioned Russian oil amid reports the U.S. unknowingly purchased oil from a Greek refinery holding the sanctioned fuel.
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December 04, 2023
SC Man Allegedly Stole Millions Meant For Homeless Vets
A South Carolina man who had been living in Virginia has been accused of running a fake charity to pocket $9 million meant for homeless veterans over three years, federal prosecutors announced.
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December 04, 2023
Judge Grounds Airport's Bid To Keep PFAS Suit In Fed. Court
The Gerald R. Ford International Airport in western Michigan must litigate state environmental regulators' forever chemical cleanup lawsuit in state court because the airport authority hasn't shown that it handled the hazardous materials under any specific direction by the federal government, a federal judge ruled Monday.
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December 04, 2023
AstraZeneca Criticizes HHS For Bid To Skirt Drug Price Suit
AstraZeneca has chided the federal government for seeking a quick win against the drugmaker's challenge to the Medicare drug price negotiation program in a recent brief, arguing that the Centers for Medicare and Medicaid Services mistakenly believes it has "absolute authority to unilaterally dictate prices."
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December 04, 2023
DeSantis Says Online Sports Betting Isn't 'Casino Gambling'
Florida Gov. Ron DeSantis urged the state's high court to uphold a pact with the Seminole Tribe for online sports betting, saying that the activity isn't covered by a constitutional provision limiting casino gambling and that the law is being challenged with the wrong type of petition.
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December 04, 2023
Gov't Contractors Sentenced In $8M Bid-Rigging Scheme
A Georgia federal judge has sentenced two military contractors for using false bids to secure Pentagon contracts worth almost $8 million, a month after a co-conspirator was hit with a four-month sentence, the U.S. Department of Justice announced Monday.
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December 04, 2023
Pomerantz To Lead Comerica Investors In Card Oversight Suit
Pomerantz LLP was appointed lead counsel for a proposed class action alleging Comerica and some of its executives misled investors about the company's oversight of vendors and fraud prevention measures for a debit card program used to distribute federal benefits.
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December 04, 2023
Watchdog Pans Unfair Treatment In DIA's $19.8M Training Deal
A federal watchdog urged the U.S. Defense Intelligence Agency to redo a $19.8 million counterintelligence training contract, saying in a decision released Monday that the agency graded a North Carolina small business' proposal more harshly than a competitor's.
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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A Gov't Contractor's Guide To Davis-Bacon Prevailing Wages
Excerpt from Practical Guidance
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.
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What New DHS Cybersecurity Policy Means For Bid Protests
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.
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Opinion
Legal Profession Gender Parity Requires Equal Parental Leave
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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Series
Writing Thriller Novels Makes Me A Better Lawyer
Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.
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What Lawyers Must Know About Calif. State Bar's AI Guidance
Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.
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Industry Must Elevate Native American Women Attys' Stories
The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.
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Understanding Discovery Obligations In Era Of Generative AI
Excerpt from Practical Guidance
Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.
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The Case For Post-Bar Clerk Training Programs At Law Firms
In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.
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Contracts Disputes Recap: Be Mindful Of Termination Clauses
Edward Arnold and Sarah Barney at Seyfarth examine three recent rulings — one from the U.S. Court of Federal Claims and two from the Armed Services Board of Contract Appeals — that highlight the termination clause as one of the most potent remedy-granting contract clauses.
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2 HHS Warnings Highlight Anti-Kickback Risks For Physicians
Two recent advisory opinions issued by the U.S. Department of Health and Human Services' Office of Inspector General involve different scenarios and rationales, but together they illustrate the OIG's focus on and disapproval of contractual joint ventures and other revenue-maximizing physician arrangements, say Robert Threlkeld and Elliott Coward at Morris Manning.
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Attorneys Have An Ethical Duty To Protect The Judiciary
The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.
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Best Practices For Defense Tech Startup Financing
Navigating the expanding and highly regulated defense technology sector requires careful planning and execution, starting at incorporation, so startups should prepare for foreign investor issues, choose their funding wisely and manage their funds carefully, say attorneys at WilmerHale.
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AI Can Help Lawyers Overcome The Programming Barrier
Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.
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Looking For Defense Contract Appeal Trends In Annual Report
A deep dive into the Armed Services Board of Contract Appeals annual report for the 2023 fiscal year reveals increases in the number of cases filed, pending motions and expedited or accelerated cases, while the board disposed of fewer cases than in prior fiscal years, say Scott Flesch and Alexandra Prime at Miller & Chevalier.
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Preparing Law Students For A New, AI-Assisted Legal World
As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.