Government Contracts

  • May 29, 2024

    Whistleblower Counsel Can't Get 'Exorbitant' $11.5M Fee

    A Boston federal judge slashed an "exorbitant" $11.5 million fee request made by counsel for a False Claims Act whistleblower in a case involving lab testing company Fresenius Medical Care, hammering the attorneys for inflated hourly rates, inflated time entries and a host of questionable billing practices.

  • May 28, 2024

    Orsted Inks $125M Deal With NJ Over Scrapped Wind Farms

    Orsted, a Danish wind energy company, has agreed to pay New Jersey $125 million to settle claims over the company's abrupt cancellation last fall of two offshore wind farms.

  • May 28, 2024

    White House Looks To Boost Carbon Credit Market Integrity

    The Biden administration on Tuesday released new guidelines for voluntary carbon markets, touting the measures as a foundation for "ambitious and credible climate action" that also attempts to address questions about the integrity of credits that companies use to show a greener footprint.

  • May 28, 2024

    States, Greens Want Judgment Over USPS' New Vehicle Plan

    Environmentalists and a coalition of 17 states called on a California federal judge to grant them judgment in litigation alleging the U.S. Postal Service violated the National Environmental Policy Act when it decided to replace its aging delivery fleet with "gas-guzzling vehicles."

  • May 28, 2024

    GSA Audit Authority Ruling Bars Crowley Suit Over DOD Deal

    A Court of Federal Claims judge has rejected Crowley Government Services Inc.'s protest over the terms of a U.S. Transportation Command solicitation for freight services, saying the company effectively attempted to relitigate an already decided dispute over the General Services Administration's audit authority.

  • May 28, 2024

    Conn. Judge Asks If 'Sham' Exception Saves Stadium Fight

    A Connecticut appellate judge asked Tuesday if a "sham" exception to limits on government contracting lawsuits can restore claims that the city of Hartford ran a fake bidding process for the redevelopment of Dillon Stadium, but counsel for several defendants pushed back and said it would not apply to the facts of the case.

  • May 28, 2024

    $3.1B Satellite Deal Needs Justices' Review, Co. Says

    A broker accusing Lockheed Martin and Airbus of cutting it from a $3.1 billion military satellite deal opposed the Biden administration's contention that a U.S. Supreme Court review isn't needed, saying the administration incorrectly focused on an underlying F-35 deal.

  • May 28, 2024

    Mich. Atty Can't Have Dominion Info, Pa. Court Told

    Dominion Voting Systems told a Pennsylvania state court Tuesday that information copied from election machines as part of a county's fraud probe was "fruit of the poisonous tree" and can't be shared with a Michigan attorney who has been in hot water for allegedly accessing other states' machine data and releasing the privileged information.

  • May 24, 2024

    SEC Hits Back At SolarWinds' 'Distortion' Allegations

    The U.S. Securities and Exchange Commission sent a letter to a New York federal judge Friday pushing back on SolarWinds Corp.'s accusations that it was overstating and distorting its case against the government contractor over a data hack, saying its complaint is "well-grounded in facts" uncovered during its investigation.

  • May 24, 2024

    Claims Court Won't Toss $1.1M Breach Suit Against Navy

    The U.S. Court of Federal Claims won't free the U.S. Navy from a $1.1 million breach-of-contract case from an engineering contractor, saying its handling of indirect and billing rates potentially amounted to a breach.

  • May 24, 2024

    Contractor Entitled To Share In Navy Savings, Board Rules

    The U.S. Navy must share with a construction contractor savings resulting from the contractor's changes to a design-build task order, after the Armed Services Board of Contract Appeals ruled the Navy constructively accepted the contractor's proposal for the money-saving changes.

  • May 24, 2024

    HNTB's Liability Capped In Seattle Tunnel Delay Claim

    A contract clause caps engineering firm HNTB Corp.'s potential liability over a long-delayed Seattle highway tunnel project, a Washington state court judge ruled Friday, likely dashing a joint venture's bid to recover more than $700 million.

  • May 24, 2024

    Staff Squeeze May Be Limiting Small Biz Roles In Procurement

    The federal government has introduced several strategies over the last decade to help small businesses vie for procurement contracts, but overstretched acquisition staff may have limited capacity to deploy these strategies and reverse a downward trend in small business participation.

  • May 24, 2024

    Green Groups Lose In California Fish Protection Lawsuit

    The federal government properly considered the needs of fish protected under the Endangered Species Act when it approved water supply contracts for California's Central Valley Project, the Ninth Circuit said in a ruling rejecting environmental groups' claims to the contrary.

  • May 24, 2024

    Navy Owes Crane Contractor $5M After Refusing Proposed Fix

    The Armed Services Board of Contract Appeals ruled that the U.S. Navy must pay a Konecranes ABP unit roughly $4.9 million after the Navy wrongly refused to accept a proposed fix for problems discovered before delivery of a crane.

  • May 24, 2024

    Biden's Judicial Impact And What's Left On The Wish List

    President Joe Biden secured confirmation of his 200th federal judge Wednesday and has transformed the judiciary by picking more women and people of color than any other president. But the upcoming election season could derail his hopes of confirming many more judges.

  • May 24, 2024

    Union Carbide To Pay EPA $600K For Colo. Superfund Site

    Union Carbide Corp. and the federal government filed a $600,000 proposed settlement in Colorado federal court, resolving claims the company and its subsidiary owed more than $1.2 million in reimbursement costs connected to the cleanup of hazardous chemicals at a former uranium and vanadium processing facility.

  • May 24, 2024

    Biden Urges 1st Circ. To Find Debt Cap Challenge Moot

    The Biden administration asked the First Circuit to affirm a finding that a government workers' union lacks standing to challenge the debt ceiling's constitutionality and that its case was further rendered moot by passage of a deal to suspend the spending limit until January.

  • May 24, 2024

    CFPB Seeks $20M Penalty For Inaccurate Loan Data

    The Consumer Financial Protection Bureau has urged a Florida federal court to hit Freedom Mortgage with a $20 million civil penalty for allegedly submitting error-filled government mortgage loan data.

  • May 24, 2024

    Insurer Owes Coverage For School Defect Claim, Builder Says

    A general contractor told a Washington federal court it is entitled to coverage under a subcontractor's commercial general liability policy with a Liberty Mutual unit for defects and damage that a school district alleges was caused by the subcontractor while working on a school expansion project.

  • May 23, 2024

    Feds Ask 5th Circ. To Weigh Highway GHG Rule Vacatur

    The Biden administration has asked the Fifth Circuit to review a Texas district court's recent decision vacating a Federal Highway Administration rule that would've required states to set targets for reducing greenhouse gas emissions from federally funded highway projects.

  • May 23, 2024

    Joint Venture Says Defense Agency Errors Thwarted Contract

    An Alabama joint venture hauled the U.S. government into the U.S. Court of Federal Claims, alleging it was shut out of a Missile Defense Agency deal due to multiple errors the agency made when assessing the joint venture.

  • May 23, 2024

    NJ Justices Toss Direct Appeals Over Hospital Contract Bid

    The New Jersey Supreme Court ruled Thursday that an independent state-owned teaching hospital's conduct cannot be challenged directly in the state's intermediate appellate court because it isn't considered an administrative agency, affirming the dismissal of two protests over the hospital's selection of a pharmacy vendor.

  • May 23, 2024

    Bell, Boeing Face Suit Over Marines Killed In Osprey Crash

    The families of four of the five marines killed in the June 2022 crash of an Osprey V-22 aircraft sued Bell Textron Inc., The Boeing Co. and Rolls-Royce Corp. Thursday in California federal court, alleging defects in the aircraft led to the fatal crash.

  • May 23, 2024

    Lockheed Urges 11th Circ. To Affirm Win In Solvent Suit

    Lockheed Martin Corp. asked the Eleventh Circuit on Wednesday to uphold a Florida district court's rejection of a proposed expert's testimony purporting to link a now-deceased former employee's multiple sclerosis to her work-related exposure to industrial solvents.

Expert Analysis

  • Series

    Playing Music Makes Me A Better Lawyer

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    My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.

  • Contractors Must Prep For FAR Council GHG Emissions Rule

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    With the U.S. Federal Acquisition Regulatory Council expected to finalize its proposed rule on the disclosure of greenhouse gas emissions and climate-related financial risk this year, government contractors should take key steps now to get ready, say Thomas Daley at DLA Piper, Steven Rothstein at the Ceres Accelerator for Sustainable Capital Markets, and John Kostyack at Kostyack Strategies.

  • How Attys Can Avoid Pitfalls When Withdrawing From A Case

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    The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.

  • Using A Children's Book Approach In Firm Marketing Content

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    From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.

  • Proposed Semiconductor Buy Ban May Rattle Supply Chains

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    The Federal Acquisition Regulatory Council's recent proposed rulemaking clarifies plans to ban government purchases of semiconductors from certain Chinese companies, creating uncertainty around how contractors will be able to adjust supply chains that are already burdened and contracted to capacity, say attorneys at Morgan Lewis.

  • Patent Lessons From 4 Federal Circuit Reversals In April

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    Four Federal Circuit decisions in April that reversed or vacated underlying rulings provide a number of takeaways, including that obviousness analysis requires a flexible approach, that an invalidity issue of an expired patent can be moot, and more, say Denise De Mory and Li Guo at Bunsow De Mory.

  • Series

    Being An EMT Makes Me A Better Lawyer

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    While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.

  • 5 Lessons From Ex-Vitol Trader's FCPA Conviction

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    The recent Foreign Corrupt Practices Act and money laundering conviction of former Vitol oil trader Javier Aguilar in a New York federal court provides defense takeaways on issues ranging from the definition of “domestic concern” to jury instruction strategy, says attorney Andrew Feldman.

  • Contract Disputes Recap: Saying What Needs To Be Said

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    Edward Arnold and Bret Marfut at Seyfarth Shaw examine three recent decisions that delve into the meaning and effect of contractual releases, and demonstrate the importance of ensuring that releases, as written, do what the parties intend.

  • Insurance Types That May Help Cos. After Key Bridge Collapse

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    Following the collapse of the Francis Scott Key Bridge, businesses that depend on the bridge, the Port of Baltimore and related infrastructure for shipment and distribution of cargo should understand which common types of first-party insurance coverage may provide recoveries for financial losses, say Bert Wells and Richard Lewis at Reed Smith.

  • Exploring An Alternative Model Of Litigation Finance

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    A new model of litigation finance, most aptly described as insurance-backed litigation funding, differs from traditional funding in two key ways, and the process of securing it involves three primary steps, say Bob Koneck, Christopher Le Neve Foster and Richard Butters at Atlantic Global Risk LLC.

  • Bid Protest Spotlight: Unwitting Disclosure, Agency Deference

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    Roke Iko at MoFo examines two U.S. Court of Federal Claims decisions highlighting factors to consider before filing a protest alleging Procurement Integrity Act violations, and a decision from the U.S. Government Accountability Office about the capacity of an agency to interpret its own solicitation terms.

  • Global Bribery Probes Are Complicating FCPA Compliance

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    The recent rise in collaboration between the U.S. Department of Justice and foreign authorities in bribery enforcement can not only affect companies' legal exposure as resolution approaches vary by country, but also the decision of when and whether to disclose Foreign Corrupt Practices Act violations to the DOJ, say Samantha Badlam and Catherine Conroy at Ropes & Gray.

  • Series

    Teaching Yoga Makes Me A Better Lawyer

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    Being a yoga instructor has helped me develop my confidence and authenticity, as well as stress management and people skills — all of which have crossed over into my career as an attorney, says Laura Gongaware at Clyde & Co.

  • A Vision For Economic Clerkships In The Legal System

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    As courts handle increasingly complex damages analyses involving vast amounts of data, an economic clerkship program — integrating early-career economists into the judicial system — could improve legal outcomes and provide essential training to clerks, say Mona Birjandi at Data for Decisions and Matt Farber at Secretariat.

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