News & Analysis as of

Federal Funding Appeals

Holland & Knight LLP

Post-Termination Landscape for Department of Energy Grant Projects

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Following the U.S. Department of Energy's (DOE) announcement of a new project review process in May 2025, the Office of Clean Energy Demonstrations (OCED) issued the first round of DOE grant terminations under the Trump...more

Greenbaum, Rowe, Smith & Davis LLP

First Circuit Decision Regarding Anti-Kickback Statute Standard Widens Circuit Split and Creates Potential for Supreme Court...

The U.S. Court of Appeals for the First Circuit, in United States v. Regeneron, has joined the Sixth and Eighth Circuits in adopting the “but-for” standard to find that a violation of the Anti-Kickback Statute (AKS) triggers...more

Ropes & Gray LLP

Closeout Requirements During Appeals of Terminations of NIH Research Grants

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On July 7, 2025, the National Institutes of Health (NIH) Office of Policy for Extramural Research issued NOT-OD-25-128, titled “Guidance on Enforcement of Closeout Requirements During the Appeals Process” (the Notice). The...more

PilieroMazza PLLC

SVOG Grant Recipients Face Renewed Scrutiny: Understanding Your Appeal Rights When SBA Rescinds Prior Grant Approval

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Recently, the Small Business Administration (SBA) began issuing letters to recipients of grant funds under the $16.25 Billion COVID-era Shuttered Venue Operators Grant (SVOG) program, rescinding grant recipients’ eligibility...more

Wiley Rein LLP

Federal Judge Blocks NIH Grant Cuts, Rejecting DOJ’s Claims of Unlawful Discrimination

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WHAT: A Massachusetts federal judge blocked the National Institutes of Health (NIH) from cutting hundreds of programs that provide grants to universities, hospitals, and other organizations. The judge found that NIH offered...more

Cooley LLP

US Supreme Court Upholds Wire Fraud Convictions, Says Economic Loss Not Required

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When an executive learns that she is being investigated for fraud, her first reaction often is: “But I didn’t intend for anyone to lose money!” This entirely understandable response may well be true (and lead the executive to...more

Hahn Loeser & Parks LLP

Update: Making Sense of the Evolving DEI Landscape and its Effects on Federal Contractors and Grantees

We recently wrote about the preliminary injunction entered by the U.S. District Court for the Northern District of Illinois, blocking the Department of Labor from enforcing certain provisions of Executive Orders 14173 and...more

FordHarrison

Federal Courts Temporarily Block Enforcement of U.S. Department of Education "Dear Colleague Letter" Barring "Illegal DEI" in...

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On April 24, 2025, Judges Landya McCafferty and Stephanie Gallagher, sitting in the United States District Courts in New Hampshire and Maryland, respectively, issued rulings blocking the U.S. Department of Education (DOE)...more

Blank Rome LLP

Supreme Court Lifts Restraining Order on Grant Terminations

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The Supreme Court recently issued a ruling with significant impacts for federal contractors and grantees looking to challenge terminations of their contracts and grants in U.S. district courts. Terminated contractors and...more

Fenwick & West LLP

Trump’s DEI Executive Orders Hit Another Judicial Roadblock

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On Tuesday, April 15, 2025, Judge Matthew Kennelly of the U.S. District Court for the Northern District of Illinois granted a motion for preliminary injunction barring the U.S. Department of Labor from enforcing the...more

Sunstein LLP

NIH Edict Slashing Funding of All Grant Awards Halted Nationwide for Now by Massachusetts Federal Court

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An edict issued without warning in February 2025 by the National Institutes of Health (NIH), having the effect of slashing funding by the NIH across the board, has been put on a nationwide hold for now by a federal court in...more

Hahn Loeser & Parks LLP

U.S. District Court Judge Temporarily Blocks Department of Labor from Enforcing Certain Provisions of DEI-Related Executive Orders

On March 27, 2025, Judge Matthew Kennelly of the U.S. District Court for the Northern District of Illinois issued a temporary restraining order blocking the Department of Labor from enforcing certain provisions of Executive...more

Seyfarth Shaw LLP

Chicago Federal District Court Issues Targeted Order Enjoining Department of Labor from Presenting DEI Certifications to Federal...

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On March 27, 2025, a federal district court in Chicago issued a temporary restraining order (TRO) blocking the Department of Labor from implementing key provisions from two of President Trump’s Executive Orders issued in...more

PilieroMazza PLLC

SCOTUS Greenlights Release of Foreign Aid Funds to Government Contractors

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On March 5, 2025, the United States Supreme Court (SCOTUS) upheld a federal judge’s order directing the government to pay nearly $2 Billion to federal contractors for completed foreign aid work. This client alert identifies...more

Morgan Lewis

New Supreme Court FCA Decision Avoids Thorny Claim Questions, Reiterates Interest in Constitutional Challenge

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In its most recent False Claims Act decision, the US Supreme Court opted for a narrow “claim” definition analysis, limiting its impact to those involved in the E-Rate program, but signaled interest in addressing the...more

Nossaman LLP

UPDATED: Trump Administration Pauses Federal Funding, Federal Court Reviewing

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February 12, 2025 Update - The evening of February 11, 2025, the United States Court of Appeals for the First Circuit denied the Administration’s request for an administrative stay of the TRO and subsequent order enforcing...more

Arnall Golden Gregory LLP

Update on Legal Challenges to President Trump's Presidential Actions

Since President Trump took office on January 20, 2025, he has issued an unprecedented number of presidential actions, including 62 executive orders and numerous declarations, proclamations, announcements, memoranda, grants of...more

Womble Bond Dickinson

Federal Judge Orders Immediate Release of Federal Funding Amidst Continued Freeze on the Disbursement of Federal Funds

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Responding to the petition of several state Attorneys General, U.S. District Judge John “Jack” McConnell Jr. issued an Enforcement Order on Monday, February 10, clarifying the scope of a Temporary Restraining Order (TRO)...more

PilieroMazza PLLC

Federal Judge Clarifies Scope of TRO Enjoining Federal Spending Freeze

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As we recently outlined, on January 31, 2025, U.S. District Judge John J. McConnell issued a temporary restraining order (TRO) that blocks the federal funding freeze outlined in the now-rescinded January 27, 2025, Office of...more

Fox Rothschild LLP

Two Federal Courts Order Trump Administration To Unfreeze Funding

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The US District Court for the District of Rhode Island and the US District Court for the District of Columbia both have issued Temporary Restraining Orders (TROs) enjoining the Government from enforcing the Office of...more

Chambliss, Bahner & Stophel, P.C.

Federal Financial Assistance Payments to Continue for Now

A memo issued yesterday by the acting director of the Office of Management and Budget directed federal agencies to pause financial assistance payments or reimbursements, effective at 5 p.m. today. However, this afternoon, a...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - February 2024

Univ. of South Florida Bd. of Trustees v. United States, Appeal No. 2022-2248 (Fed. Cir. Feb. 9, 2024) In this week’s Case of the Week, the Federal Circuit examined the scope of a provision of the Bayh-Dole Act of 1980 (35...more

Ballard Spahr LLP

Fifth Circuit stays further proceedings in CFPB appeal of summary judgment in lawsuit challenging UDAAP exam manual changes...

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Earlier this month, the CFPB filed a notice with the Texas federal district court that it is appealing to the Fifth Circuit the district court’s order granting summary judgment to a group of trade associations in their...more

Foley Hoag LLP

Government Shutdown Impact: What Stays Open and What Closes

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As we near a standoff in Congress on the budget, we write to remind clients about how a government shutdown would affect patent and trademark operations at the Patent and Trademark Office (PTO), copyright operations at the...more

Venable LLP

Federal Appeals Court Finds CFPB Unconstitutionally Funded, Structured

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The Consumer Financial Protection Bureau (CFPB) has once again been found to be unconstitutionally structured. The ruling is a win for CFPB critics and calls into question most actions taken by the agency....more

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