News & Analysis as of

Supreme Court of the United States › Department of Defense (DOD)

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Ballard Spahr LLP

New (Old) Battlegrounds: The Administration’s Targeting of Transgender Rights

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Within the last two months, both the Equal Employment Opportunity Commission (EEOC) and the armed services have followed Trump Administration directives to narrow or eliminate protections for transgender individuals....more

Morrison & Foerster LLP - Government...

Deregulating Federal Procurement: Implications of Three Recent Executive Actions

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The Administration signed two Executive Orders (EOs or “Orders”) and one Presidential Memorandum (“Memo”) on April 9, 2025, that aim to make federal procurements faster and more efficient: 1.Modernizing Defense...more

ArentFox Schiff

Investigations Newsletter: Ninth Circuit Reverses Dismissal of FCA Suit

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Ninth Circuit Reverses Dismissal of FCA Suit - On Tuesday, the Ninth Circuit reversed the district court’s grant of Express Scripts’ motion to dismiss a whistleblower’s lawsuit accusing Express Scripts of defrauding the US...more

Wiley Rein LLP

Federal Cybersecurity Policy in 2025: What to Watch in Changing Times

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Last year we made some predictions about 2024’s cyber landscape and major issues. Several proved prescient, with incident reporting, CISO scrutiny, SEC aggression, and new regulation of various sectors taking shape as the...more

Cozen O'Connor

Whistleblower Watch - A quarterly update on FCA Enforcement and Qui Tam Litigation

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Whistleblower Watch is a critical resource for in-house counsel and compliance professionals. Each quarter, Cozen O’Connor summarizes the most notable False Claims Act (FCA) enforcement actions, settlements, and legal trends,...more

Epstein Becker & Green

Twice Again, Jurisdictional Timing Matters; Battle Among Originalists Leaves Consumer Financial Protection Board Standing - SCOTUS...

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On May 16—for the second time in two weeks—the U.S. Supreme Court, this time unanimously, has taken a lenient, plaintiff-friendly view of whether a filing deadline is jurisdictional in the sense that it is governed by the...more

PilieroMazza PLLC

Settlements and Judgments from FCA and Fraud Matters Top $2.68 Billion in 2023

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On February 22, 2024, the Department of Justice (DOJ) released its annual statistical report (Annual Report) regarding settlements and judgments obtained in the False Claims Act (FCA) and fraud matters for Fiscal Year (FY)...more

Dorsey & Whitney LLP

The Supreme Court Update - December 11, 2023

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On December 8, 2023, the Supreme Court of the United States granted certiorari in one case...more

Dorsey & Whitney LLP

Supreme Court’s Recent Decision on FCA’s Scienter Standard Potentially Raises Threshold for Government to Establish “Reckless...

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On June 1, 2023, a unanimous Supreme Court decision sought to clarify the meaning of “scienter” in the FCA context, which deals with the defendant’s knowledge (or lack thereof) that a claim for payment was false and intent to...more

PilieroMazza PLLC

Weekly Update for Government Contractors and Commercial Businesses – June 2023 #5

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GOVERNMENT CONTRACTS - GAO Sustains Rare Bid Protest Challenging Agency’s Corrective Action - In February 2023, the Department of Energy (DOE) agreed to take corrective action following three bid protests filed at the...more

Morrison & Foerster LLP

True Facts About False Claims: MoFo's FCA Newsletter

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Designed for busy in-house counsel and compliance professionals, this newsletter seeks to bring you up to speed on key federal and state False Claims Act (FCA) developments, with links to primary resources. Each quarter, we...more

Jenner & Block

Government Contracts Legal Round-Up | 2022 Issue 13

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Welcome to Jenner & Block’s Government Contracts Legal Round‑Up, a biweekly update on important government contracts developments. This update offers brief summaries of key developments for government contracts legal,...more

Clark Hill PLC

Window on Washington – Vol. 6, Issue 8

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Outlook for This Week in the Nation’s Capital - Congress. The House and Senate are back in session this week. While both chambers have a number of items scheduled for action, the Russian invasion of Ukraine, and the US...more

Dorsey & Whitney LLP

The Supreme Court - October 19, 2020

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Trump v. Sierra Club, No. 20-138: This case concerns the Acting Secretary of Defense’s transfer of funds pursuant to Section 8005 of the Defense Appropriations Act to make funds available to construct border fences along the...more

WilmerHale

False Claims Act: 2019 Year-in-Review

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The Supreme Court held that the FCA’s extended limitations period is available to relators in qui tam cases even when the government declines to intervene. Lower courts continued to divide over the first-to-file bar,...more

Morrison & Foerster LLP - Government...

Moforward 2020: Need-To-Know Regulatory and Legal Developments

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BID PROTESTS, LATEST DEVELOPMENTS & TWISTS - Bid Protests: Agenda - 1. LOGCAP V and Task/Delivery Order Protest Jurisdiction 2. SpaceX and Other Transaction Authority Protest Jurisdiction 3. Potential Impact of New...more

Robinson & Cole LLP

Data Privacy + Cybersecurity Insider - October 2019 #2

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The Federal Bureau of Investigations Internet Crime Complaint Center (IC3) recently issued a public service announcement warning private companies about the increasing numbers of ransomware attacks affecting private industry....more

Foley Hoag LLP - Environmental Law

Woe is WOTUS

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When the Supreme Court decided that the district courts had jurisdiction over challenges to the Obama administration WOTUS rule, I described it as a victory of the “give me a break” doctrine of statutory interpretation over...more

PilieroMazza PLLC

Weekly Update Newsletter - January 2019 #2

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GOVERNMENT CONTRACTING - A Government Executive article discussed the impact of the shutdown on some defense contractors. As the partial government shutdown continues, some American defense firms are receiving...more

PilieroMazza PLLC

Weekly Update Newsletter - December 2018 #4

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GOVERNMENT CONTRACTING - According to a Bloomberg Government article, more than 30,000 federal contracting opportunities at twenty-eight (28) agencies are coming up for competition in the coming fiscal years. In a webinar,...more

PilieroMazza PLLC

Weekly Update Newsletter - June 2018

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SMALL BUSINESS ADMINISTRATION - Small Business HUBZone Program and Government Contracting Programs and Consolidation of Mentor-Protégé Programs - The U.S. Small Business Administration (SBA) announces that it is holding...more

Clark Hill PLC

Window On Washington - Vol. 2, Issue 8

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FY18 Omnibus. With the past week being a recess period, House and Senate Appropriators made little progress on drafting the Omnibus bill, but Clark Hill is hearing Appropriators have finalized or are close to finalizing...more

PilieroMazza PLLC

Weekly Update Newsletter - February 2018 #4

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DEPARTMENT OF DEFENSE - Contractors on Board with Defense Department Budget Request - The defense contracting industry has had a positive reaction to President Donald Trump’s fiscal year 2019 Defense Department budget...more

Snell & Wilmer

SCOTUS Sends WOTUS Back TO District Courts

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On January 22, 2018, in National Association of Manufacturers v. Department of Defense, the United States Supreme Court held unanimously that challenges to the federal Clean Water Act’s 2015 Waters of the United States...more

Bradley Arant Boult Cummings LLP

U.S. Supreme Court Ruling Could Lead to “Inconsistencies, Uncertainty, and Confusion” in Waters and Wetlands Regulatory Regime

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On January 22, 2018, the United States Supreme Court ruled unanimously in National Association of Manufacturers v. Department of Defense that legal challenges to an Obama Administration regulation defining “waters of the...more

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