Government Contracts

  • March 20, 2024

    Law360 Announces The Members Of Its 2024 Editorial Boards

    Law360 is pleased to announce the formation of its 2024 Editorial Advisory Boards.

  • March 20, 2024

    US Chamber's Litigation Funding Concerns Spur 2 State Laws

    Amid concerns from the U.S. Chamber of Commerce about third-party litigation funding, including from potentially hostile foreign entities, state legislatures in Indiana and West Virginia have recently passed bills imposing restrictions on the practice.

  • March 19, 2024

    Texas Energy Co. Should Put Service Before Price, Court Hints

    Texas Supreme Court justices questioned an electricity provider about its argument that the Public Utility Commission of Texas' policy setting price caps during extreme events goes against state law, asking if the agency should prioritize competition over keeping "the lights on" during oral arguments Tuesday.

  • March 19, 2024

    Contractor Can't Refute GSA Audit Power, Gov't Tells DC Circ.

    The federal government urged the D.C. Circuit to uphold a lower court ruling that the General Services Administration had the authority to audit a Crowley Government Services Inc. military transportation contract, saying the ruling leaned on a clear interpretation of an underlying statute.

  • March 19, 2024

    LA Councilman's Wife Tells RICO Jury Of Vegas Cash Wads

    Former Los Angeles City Councilman Jose Huizar's wife got into a disagreement with him once over a wad of cash he brought back from a trip to Las Vegas with a billionaire developer, she testified Tuesday to a federal jury considering racketeering charges against another former city official, Raymond Chan.

  • March 19, 2024

    GEO Fights Wash. Bid For State Inspectors' Entry Into ICE Jail

    GEO Group is pushing back against Washington state's request for a preliminary injunction forcing the private prison operator to let inspectors into a Tacoma-area immigrant detention facility, saying the suit is likely to flop, especially given a federal judge's recent decision to partially suspend the state law regulators have relied upon to get inside.  

  • March 19, 2024

    5th Circ. Won't Rehear Ex-Raytheon Worker's Firing Suit

    The Fifth Circuit on Tuesday refused to rehear an engineer's claims that he was fired by Raytheon for flagging issues with a defense system, keeping intact its ruling that national security concerns barred the retaliation case.

  • March 19, 2024

    Immunity Ruling Doesn't Apply To CACI, Iraqi Ex-Detainees Say

    Former detainees at Iraq's Abu Ghraib prison fought to preserve their claims against a Virginia-based defense contractor they claim is complicit in their torture, saying the company's reliance on a U.S. Supreme Court ruling to establish immunity lacks merit.

  • March 18, 2024

    'Brazen' Text By LA Pol Surfaces In Raymond Chan RICO Trial

    A former lobbyist received a "brazen" text from then-Los Angeles City Councilmember Jose Huizar in 2018 seeking a bribe from his developer client, according to testimony heard on Monday by a Los Angeles federal jury considering racketeering and bribery charges against another former city official, Raymond Chan.

  • March 18, 2024

    Philly Nonprofit Execs Lived Large On Co. Money, Jury Told

    Jurors should not believe arguments from two nonprofit executives who are former associates of City Councilman Kenyatta Johnson who said they simply made bookkeeping mistakes and didn't concoct an alleged scheme to spend company money on things like huge bonuses, lavish vacations and bribing a Milwaukee school official, federal prosecutors said Monday. 

  • March 18, 2024

    Claims Court Won't Let Army Out Of Contract Breach Claims Yet

    A U.S. Court of Federal Claims judge ruled that a clause in a U.S. Army training service deal allowed it to end a contractor's deal but said he couldn't yet rule on claims the Army breached the deal by not making full payments.

  • March 18, 2024

    Feds Call $45B Nuclear Deal Appeal Moot After New Award

    The federal government pressed the Federal Circuit to dismiss a contractor's appeal over registration issues with a $45 billion nuclear waste cleanup contract, arguing Monday the appeal was moot following the U.S. Department of Energy's reissuance of the deal.

  • March 18, 2024

    The Biggest Trade Secrets Awards In The Last 5 Years

    Trade secrets cases are having a moment in the spotlight, thanks to some gargantuan damages awards over the past five years and more flexibility for plaintiffs to argue for what they think they are owed.

  • March 18, 2024

    Judge Pauses Fla. Tribe's Suit Over Clean Water Act Program

    A Florida federal judge on Monday paused a lawsuit brought by the Miccosukee Tribe of Indians alleging the U.S. Environmental Protection Agency improperly granted the state permitting authority under a Clean Water Act program, saying the case could be moot if an order in similar litigation is allowed to stand.

  • March 18, 2024

    High Court Doubts Feds Coerced Social Media Cos.

    A majority of the U.S. Supreme Court appeared unconvinced Monday that the Biden administration violated the First Amendment by working with social media platforms to combat the spread of misinformation, often chiding Louisiana's solicitor general for presenting confusing and overly expansive arguments.

  • March 18, 2024

    Feds, Tribes, Casinos Face Off Over Trust Land Request

    The Interior Department, Detroit-area casinos and two tribes are urging the D.C. Circuit to reject the Sault Ste. Marie Tribe of Chippewa Indians' bid to compel the federal government to take land into trust for a casino venture several hundred miles away from its other trust lands on Michigan's Upper Peninsula.

  • March 18, 2024

    4th Circ. Preview: Airport Mishap, Inmate Pay Launch March

    The Fourth Circuit's spring session will task the court with refereeing a power struggle between Virginia regulators and the authority that runs Washington, D.C.'s airports — stemming from a workplace amputation — and delving into the "honest belief" doctrine's role in a Family Medical Leave Act case.

  • March 16, 2024

    Up Next At High Court: Gov't Jawboning & Retaliatory Arrests

    The U.S. Supreme Court has a packed oral arguments calendar this week that includes disputes over the Biden administration's work with social media companies to combat misinformation, the appropriate evidence standard for bringing retaliatory arrest claims and whether the federal government can object to a consent decree entered into by three states.

  • March 15, 2024

    'This Is Scary, Boss': Jury Hears Secret Audio In LA RICO Trial

    A then-assistant to former Los Angeles City Councilman Jose Huizar secretly recorded his boss as they discussed what to do with a $200,000 cash bribe amid an ongoing FBI probe, according to audio heard Friday by a federal jury considering racketeering and bribery charges against another former city official, Raymond Chan.

  • March 15, 2024

    Dems Want New Missile Plan Axed If Military Can't Justify Cost

    Sen. Elizabeth Warren, D-Mass., and Rep. John Garamendi, D-Calif., suggested the Air Force's new nuclear missile program should be shuttered after it exceeded its expected cost to taxpayers by $36 billion, unless it can justify its relevance to national security.

  • March 15, 2024

    Ex-Prisoners Partially Settle Prepaid Card Suit For $2.8M

    Central National Bank NA and a class of former inmates who were charged fees for using the bank's prepaid debit cards from partner Numi Financial reached a $2.8 million settlement following mediation, but the parties have requested the court stay the case while class counsel investigates Numi's potential insolvency.

  • March 15, 2024

    Fla. Deal Might Let Illegal Gambling 'Proliferate,' Justices Told

    A coalition of South Florida gambling opponents are urging the U.S. Supreme Court to reverse a lower court's determination that a sports betting compact between the Sunshine State and the Seminole Tribe is lawful, arguing that their business and property interests will be negatively affected by the "unprecedented statewide gambling expansion."

  • March 15, 2024

    Navy Fails To Block Appeal Over Terminated HVAC Task Order

    A California construction contractor can go forward appealing the U.S. Navy's decision to terminate a heating, ventilation, and air conditioning task order after the Armed Services Board of Contract Appeals shot down the Navy's contention the appeals board lacked jurisdiction.

  • March 15, 2024

    Pittsburgh NLRB Office Approves Security Co.'s ULP Deal

    A security company will pay more than $286,000 to workers to settle an unfair labor practice charge, the National Labor Relations Board announced Friday, with the NLRB general counsel winning a lost bargaining opportunity remedy.

  • March 15, 2024

    Military Subcontractor Says Partner Tried To Poach Work

    A federal subcontractor tasked with building secure facilities for the Marine Corps hit its own subcontractor with a $7 million lawsuit on Friday, accusing its former partner of deliberately undermining that construction work, in an effort to "steal" related contracts.

Expert Analysis

  • 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.

  • Series

    Writing Thriller Novels Makes Me A Better Lawyer

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    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.

  • What Lawyers Must Know About Calif. State Bar's AI Guidance

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    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.

  • Industry Must Elevate Native American Women Attys' Stories

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    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.

  • Understanding Discovery Obligations In Era Of Generative AI

    Excerpt from Practical Guidance
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    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.

  • The Case For Post-Bar Clerk Training Programs At Law Firms

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    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.

  • Contracts Disputes Recap: Be Mindful Of Termination Clauses

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    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.

  • 2 HHS Warnings Highlight Anti-Kickback Risks For Physicians

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    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.

  • Attorneys Have An Ethical Duty To Protect The Judiciary

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    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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