United States: Government Contracts, Procurement & PPP

On October 14, HHS delegated permissive exclusion authority under Section 1128(b) of the Social Security Act to CMS, effective immediately, giving CMS independent power to bar individuals and entities from Medicare, Medicaid, and other federal healthcare programs.

When a congressional inquiry surfaces facts that attract DOJ attention, or an enforcement action triggers legislative scrutiny, companies face a complex challenge: managing investigations across multiple forums where document productions, witness statements, and strategic decisions in one proceeding can reshape risk in another. Understanding how these investigations intersect—and preparing before the second letter arrives—has become essential as the 2026 midterm elections promise to shift oversi

The aerospace and defense sector faces unprecedented transformation driven by military conflicts, geopolitical competition, and government intervention reshaping program funding and structure across the United States and Europe. Companies are now expected to function as strategic partners in national security and technological leadership, operating within increasingly complex compliance environments while navigating expanded defense budgets, supply chain security requirements, and evolving procurement frame

Successfully delivering infrastructure and public projects requires navigating complex right of way and eminent domain issues. This overview examines the precondemnation and condemnation process, walking through each step and exploring how these legal procedures fit within the broader project lifecycle. Understanding these processes is essential for project managers, right of way professionals, engineers, and other team members involved in project delivery.

As Congress enters its October recess and shifts into campaign mode, a growing fight over executive spending authority is complicating year-end funding negotiations. The Trump Administration's repeated testing of congressional control over federal funding has prompted bipartisan pushback from appropriators, raising the prospect of new guardrails in future appropriations bills to protect grant-making processes and prevent pocket rescissions.

On Sept. 30, Secretary of War Pete Hegseth issued a memorandum creating Project Agincourt, formally directing the Department to establish a pathway to AUTOWARCOM by Oct. 1, 2027. The effort will be led by the direct reporting portfolio manager for unmanned systems (DRPM-UxS) under Owen West, currently director of the Defense Innovation Unit, and Max Strasiser, currently at DRPM-UxS.

The U.S. Department of Agriculture has proposed major changes to foreign investment disclosure rules for agricultural land, expanding definitions and tightening requirements that could significantly impact commercial real estate, energy companies, and institutional investors. What will USDA's next steps be, and how might administrative law principles shape the final rule and potential litigation? Arnold & Porter attorneys with AFIDA expertise and administrative law experience examine the proposed rule, publ

The U.S. Court of Appeals for the D.C. Circuit has upheld a Department of War determination that Anthropic poses a supply chain risk under FASCSA, adopting a broad interpretation that does not require hostile intent. This landmark ruling permits DOW to exclude Anthropic products from defense contracts based on the AI company's training methodology and safety guardrails, potentially reshaping how government contractors approach AI integration in federal contract performance.

Congressional appropriators face mounting challenges as FY27 budget negotiations stall while the federal debt surpasses $40 trillion. The White House's attempt to reshape NIH grant decisions through political appointees sparked immediate pushback from key lawmakers, raising fundamental questions about executive authority over congressionally mandated funding processes.