Government Contracts

  • 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.

  • July 16, 2024

    Columbia U. Aims To Keep $600M Patent Win Over Norton

    Columbia University has urged the Federal Circuit to preserve its $600 million willful patent infringement judgment against NortonLifeLock Inc., telling the court that Norton's "kitchen-sink" appeal "raises a slew of issues, hoping something will stick" and challenging Quinn Emanuel's appeal of a civil contempt ruling as "baseless and, ultimately, academic."

  • July 16, 2024

    Pentagon, GSA Seek 'Record-Setting' Clean Energy Projects

    The U.S. Department of Defense and the U.S. General Services Administration say they are going for "record-setting federal purchases of clean energy" in a joint statement seeking contractors who will be able to get multiple federal facilities running entirely on carbon-pollution-free power by 2030.

  • July 16, 2024

    Miami-Dade Tries To Nix Seaquarium Operator's Eviction Suit

    Miami-Dade County has asked a federal judge to toss a lawsuit from the operator of the Miami Seaquarium, which claimed the county is evicting it after its CEO responded to a "disrespectful" email from an official concerned about manatees held at the aging facility.

  • July 16, 2024

    Vertex Pharma Widens War On Watchdog's Kickback Views

    A lawsuit from gene therapy-drug maker Vertex Pharmaceuticals over fertility treatment access is a new battle over enforcement kickback theories and health officials' interpretation of "inducement."

  • July 16, 2024

    The 2024 Diversity Snapshot: What You Need To Know

    Law firms' ongoing initiatives to address diversity challenges have driven another year of progress, with the representation of minority attorneys continuing to improve across the board, albeit at a slower pace than in previous years. Here's our data dive into minority representation at law firms in 2023.

  • July 16, 2024

    These Firms Have The Most Diverse Equity Partnerships

    Law360’s law firm survey shows that firms' efforts to diversify their equity partner ranks are lagging. But some have embraced a broader talent pool at the equity partner level. Here are the ones that stood out.

  • July 16, 2024

    Ex-Philly Charter School Exec Gets 7 Years For Embezzlement

    Abdur Rahim Islam, who ran famed R&B producer Kenny Gamble's Philadelphia-based housing and education nonprofit, was sentenced Tuesday to seven years in prison for stealing hundreds of thousands of dollars from the organization and using the ill-gotten gains for Caribbean vacations.

  • July 15, 2024

    9th Circ. Won't Revive Challenge Of US Military Aid To Israel

    Palestinian human rights activists cannot revive their lawsuit challenging the Biden administration's support for Israel's military efforts in Gaza, the Ninth Circuit ruled Monday, saying the decision to provide military or other aid to a foreign nation is a political arrangement that does not belong in the courts.

  • July 15, 2024

    Fed. Circ. Rejects FEMA Contractor's Water Restocking Fees

    The Federal Circuit on Monday upheld the rejection of an embattled government contractor's claim for $13.5 million in restocking fees after the Federal Emergency Management Agency sharply reduced the amount of bottled water the agency ordered in response to Hurricane Maria in Puerto Rico.

  • July 15, 2024

    Gov't Facing Sanctions Over Docs Withheld In Contract Row

    A Court of Federal Claims judge has ordered the federal government to explain why it shouldn't be sanctioned for wrongly asserting privilege and withholding documents in a dispute over the allegedly bad faith cancelation of a U.S. Air Force construction task order.

  • July 15, 2024

    Owner Of Bankrupt Gov't Contractor Charged With Perjury

    The owner of a bankrupt government water contractor has been indicted on perjury charges, accused of falsifying the company's bankruptcy filings by failing to report millions in assets transferred to her and other company insiders.

  • July 15, 2024

    School Counselor's FMLA Suit Should Be Tossed, Judge Says

    A Georgia school district should be allowed to escape a former counselor's lawsuit alleging she was terminated for requesting time off to care for her sick husband, a federal judge said Monday, finding she couldn't overcome the district's explanation that she'd failed to correct performance issues despite multiple opportunities.

  • July 15, 2024

    Airstrike Survivors Lose Bid To Block UAE's $23.4B Arms Sale

    A Washington, D.C., federal court dismissed an effort to block a $23.4 billion arms sale to the United Arab Emirates, saying the plaintiffs — survivors of a 2019 airstrike in Libya — hadn't shown a likelihood of getting attacked again.

Expert Analysis

  • Bid Protest Spotlight: Mapping, Jurisdiction, Incumbency

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    In this month's bid protest roundup, Nicole Giles and Ethan Sterenfeld at MoFo discuss a decision from the U.S. Court of Federal Claims and two from the U.S. Government Accountability Office, which highlight how labor mapping, jurisdiction questions and incumbency bias can affect outcomes.

  • Gov't Contractors Shouldn't Skip Steps In Rush To Adopt AI

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    Government contractors that may be tempted to deploy artificial intelligence in day-to-day operations like billing and data protection should first take time to consider and address the specific risks that come with using AI tools, say attorneys at Wiley.

  • Lower Courts May Finally Be Getting The Memo After Ciminelli

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    A year after the U.S. Supreme Court again limited prosecutors' overbroad theories of fraud in Ciminelli v. U.S., early returns suggest that the message has at least partially landed with the lower courts, spotlighting lessons for defense counsel moving forward, says Kenneth Notter at MoloLamken.

  • After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1

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    The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.

  • Recruitment Trends In Emerging Law Firm Frontiers

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    BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.

  • Atmospheric Rivers: Force Majeure Or Just A Rainy Day?

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    As atmospheric rivers pummel California with intense rainfall, flooding and landslides, agencies and contractors in the state struggling to manage projects may invoke force majeure — but as with all construction risk issues, the terms of the agreement govern, and relief may not always be available, say Kyle Hamilton and Corey Boock at Nossaman.

  • Series

    Glassblowing Makes Me A Better Lawyer

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    I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.

  • How Associates Can Build A Professional Image

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    As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.

  • Firms Must Rethink How They Train New Lawyers In AI Age

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    As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.

  • Think Like A Lawyer: Always Be Closing

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    When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.

  • Wiretap Use In Cartel Probes Likely To Remain An Exception

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    Although the U.S. Department of Justice's Antitrust Division has recently signaled interest in wiretaps, the use of this technology to capture evidence of antitrust conspiracies and pursue monopolization as a criminal matter has been rare historically, and is likely to remain so, say Carsten Reichel and Will Conway at DLA Piper.

  • The OIG Report: DOD Review May Cause Contractor Dilemmas

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    Given a recent Office of Inspector General report finding that the U.S. Department of Defense awarded billions of dollars in contracts without performing the requisite financial responsibility reviews, contractors should prepare for a lengthier, more burdensome process and the possibility of re-review, says Diana Shaw at Wiley.

  • Series

    Playing Chess Makes Me A Better Lawyer

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    There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.

  • Litigation Inspiration: Attys Can Be Heroic Like Olympians

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    Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.

  • Biden Admin Proposals May Facilitate US, UK, Australia Trade

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    Recent proposals that create exceptions to U.S. export licensing requirements for defense trade with Australia and the U.K. would remove hurdles that have hindered trade among the three countries, and could enable smaller companies in the sector to greatly expand their trade horizons, say Keil Ritterpusch and Grace Welborn at Buchanan Ingersoll.

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