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Perkins Coie

US Supreme Court Adopts Expansive “Fraudulent Inducement” Theory of Wire and Mail Fraud

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As we previously reported, last month, the Supreme Court of the United States in Kousisis v. United States roundly endorsed the expansive “fraudulent inducement” theory of federal wire and mail fraud. Resolving a circuit...more

Schwabe, Williamson & Wyatt PC

Kousisis v. United States: Supreme Court Clarifies Wire Fraud Rules

On May 22, 2025, the United States Supreme Court released its opinion in Kousisis v. United States. The Kousisis opinion resolved a split of the federal circuits by finding that proof of economic loss by the government is not...more

PilieroMazza PLLC

Protect Small Business Opportunities: The “Rule of Two” Faces Potential Elimination

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The federal government is actively trying to reduce its size and deregulate agencies across the Executive Branch. As noted in a previous Client Alert by Sam Finnerty, the Federal Acquisition Regulation (FAR) has not been...more

PilieroMazza PLLC

Weekly Update for Government Contractors and Commercial Businesses – June 2025

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New Department of Defense Policy Memo Imposes Sweeping Restrictions on Consulting, Management, Advisory Services, and Contractor Utilization - The Department of Defense (DoD) has issued a significant policy memorandum “to...more

Pillsbury - Bid Protest Debrief

No Harm, No Foul: GAO Reaffirms That Prejudice Is Everything

In Kako’o Spectrum Healthcare Solutions, LLC, B-421127.5, et al., May 28, 2025, Kako’o Spectrum Healthcare Solutions (KSHS) protested the U.S. Marine Corps’ award to Cognito Systems, arguing that Cognito’s proposal exceeded...more

Jackson Lewis P.C.

DOJ Civil Rights Fraud Initiative Ups FCA Risks for Federal Fund Recipients Employing Unlawful DEI Programs

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U.S. Deputy Attorney General Todd Blanche issued a memorandum introducing the “Civil Rights Fraud Initiative” on May 19, 2025. The memorandum directs all Department of Justice (DOJ) attorneys to use the False Claims Act (FCA)...more

Holland & Knight LLP

DOD Secretary Directs Limitation of IT Consulting and Advisory Services Contracts

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Contractors Should Seek to Distinguish Themselves in More Competitive Environment - The U.S. Department of Defense (DOD) on May 27, 2025, issued a memorandum implementing Executive Order (EO) 14222. As Holland & Knight...more

Constangy, Brooks, Smith & Prophete, LLP

Will the OFCCP be relegated to the dustbin of history?

DOL proposes to eliminate agency. The U.S. Department of Labor released its proposed budget for Fiscal Year 2026, which runs from October 1, 2025 through September 30, 2026. The budget proposal is the agency’s request to...more

WilmerHale

Supreme Court Rejects Economic-Loss Requirement for Wire Fraud but Underscores Materiality as a Limiting Element of Federal Fraud...

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On May 22, 2025, the Supreme Court unanimously declined to limit federal wire fraud to cases involving economic loss to the victim, upholding convictions of two government contractors who obtained contracts from a state...more

PilieroMazza PLLC

Market Research Slimmed Down: How the FAR Part 10 Overhaul Impacts Government Contractors

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The FAR Council’s “Revolutionary FAR Overhaul” has streamlined FAR Part 10, shifting from a prescriptive, statute-heavy approach to a leaner set of minimum requirements. While this promises faster procurements and greater...more

Holland & Knight LLP

DOD Secretary Directs Limitation of IT Consulting and Advisory Services Contracts

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The U.S. Department of Defense (DOD) on May 27, 2025, issued a memorandum implementing Executive Order (EO) 14222. As our team previously summarized, EO 14222 implemented the Department of Government Efficiency's (DOGE) "cost...more

PilieroMazza PLLC

Weekly Update for Government Contractors and Commercial Businesses – May 2025 #5

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Federal Acquisition Regulation (FAR) Model Deviation to FAR Part 10 - On May 22, the FAR Council released the model deviation text for FAR Part 10, Market Research. This deviation increases the flexibility of the...more

Gordon Rees Scully Mansukhani

May 2025 Government Contracts Legal Update and Podcast

Gordon Rees Scully Mansukhani presents the latest insights from our Government Contracts group, offering a comprehensive overview of recent significant decisions, regulatory changes, and essential updates for businesses...more

Bradley Arant Boult Cummings LLP

Understanding the FAA’s ODRA Bid Protest Process: A Guide for Government Contractors

When it comes to federal procurements, the Federal Aviation Administration (FAA) operates a little differently than most other agencies. Unlike other federal agencies that follow the Federal Acquisition Regulation (FAR), the...more

Schwabe, Williamson & Wyatt PC

Court Upholds Rights of DBE Supporters to Intervene

On September 23, 2024, in Mid-America Milling Company et. al. v. United States Department of Transportation, et. al., Case No. 3:23-cv-00072, the United States District Court for the Eastern District of Kentucky (the...more

Foley & Lardner LLP

Supreme Court Clarifies Scope of Federal Fraud Statutes in Connection with False DBE Reporting on Federally Funded Projects

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Share on Twitter Share by Email Share Back to top On May 22, 2025, the U.S. Supreme Court issued a significant decision in Kousisis v. United States, affirming a six-year prison sentence for a contractor convicted of federal...more

Polsinelli

DOJ Announces Intent to Use False Claims Act To Target Diversity and DEI Initiatives

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At a Glance The Department of Justice (DOJ) will use the False Claims Act (FCA) to investigate and pursue claims against entities that violate federal civil rights laws, including anti-discrimination and equal employment...more

Fox Rothschild LLP

Bid Protest Insights – Understanding Price Realism in Compensation Plans

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Price realism challenges stand out as a common basis for bid protests in federal procurements. A competitor’s unrealistically low pricing may signal a lack of understanding or commitment to contract performance. Price...more

Jackson Lewis P.C.

Preliminary Injunction of Recent DoD + GSA Memo Means Federal Contractors Must Continue to Comply with Biden-Era Project Labor...

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A D.C. federal judge granted the North America’s Building Trades Union and Construction Trades Council’s request to enjoin the recent memoranda exempting certain construction projects from Executive Order (EO) 14063. North...more

McGuireWoods LLP

Supreme Court Declines to Narrow Reach of Federal Fraud Law

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On May 22, 2025, the Supreme Court published its opinion in Kousisis v. United States, No. 23-909, 605 U.S. __ (2025), holding that one who induces a victim to enter into a transaction under materially false pretenses may be...more

Fox Rothschild LLP

Supreme Court Broadly Interprets Wire Fraud Liability

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On May 22, 2025, the Supreme Court held that a defendant could be convicted of federal wire fraud pursuant to 18 USC § 1343 even when the fraud did not result in any economic loss for the victim. This holding expands the...more

DLA Piper

Supreme Court Paves The Way for Increased Enforcement by Rejecting “Economic Loss” Requirement for Fraud Charges, Broadening...

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For the last decade and more, the federal courts have grappled with the precise parameters of the federal wire fraud statute (and analogous criminal statutes). Among other things, there has been a Circuit split for some...more

Gordon Rees Scully Mansukhani

The End of DEI Programs in Federal Contracting: Legal Implications for Government Contractors

On January 21, 2025, the U.S. Office of Personnel Management (OPM) issued initial guidance to implement the Executive Order Ending Radical and Wasteful Government DEI Programs. ...more

Fenwick & West LLP

DOJ to Use False Claims Act to Crack Down on Illegal DEI

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On May 19, 2025, the U.S. Department of Justice (DOJ) announced a new unit, the Civil Rights Fraud Initiative, which will utilize the False Claims Act (FCA) to investigate and, as appropriate, pursue claims against any...more

Pillsbury - Bid Protest Debrief

Deadline Missed, Protest Dismissed: GAO Shuts Down Untimely VA Protest

In A2A Integrated Logistics, Inc., B-423433, May 20, 2025, A2A Integrated Logistics protested a Department of Veterans Affairs (VA) contract award after learning that its proposal had been rejected due to a technical...more

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