In this episode of Claims & Sustains, we break down the Executive Order pushing agencies toward greater use of fixed-price contracts—and what that means for contractors. We explore the government’s rationale, the practical challenges of shifting risk to industry, and how this policy may reshape pricing, performance, and dispute dynamics. The bottom line: fixed-price
DOJ’s FOCUS Initiative — The Rise of Data-Miner Whistleblowers
In this episode of Claims & Sustains, we unpack DOJ’s new FOCUS Initiative and what it signals about the future of False Claims Act enforcement. We explain the rise of “data-miner” whistleblowers—outsiders using publicly available data and analytics to identify alleged fraud—and how DOJ is prioritizing high-quality, data-driven qui tam cases. For contractors, the
DPA Title III and the New Energy Industrial Base
In this episode of Claims & Sustains, Teddie Arnold breaks down the Administration’s recent use of the Defense Production Act to accelerate investment in U.S. energy infrastructure. What looks like energy policy is really a major shift in government contracting—unlocking fast-moving funding opportunities, new deal structures, and heightened compliance risks. We walk through what
5 Things to Know About the DEI Executive Order
Seyfarth partners Amy Hoang and Teddie Arnold give you the 5 most important takeaways from the March 26, 2026 Executive Order, “Addressing DEI Discrimination by Federal Contractors.”
Civil Investigative Demands — What They Are, How They Work, and How to Respond
Civil Investigative Demands are often a contractor’s first encounter with a False Claims Act investigation. In this episode of Claims & Sustains, we break down what CIDs are, why DOJ issues them, how they work, and—most importantly—how contractors should respond. We walk through the CID process from receipt to resolution, highlight common pitfalls, and
Terminations Episode 2: Grounds for Default: When is the Government Justified?
When can the government legitimately terminate a contract for default? In this episode, we break down the entitlement side of T4D, anchored in FAR 52.249-8 and key case law. We’ll explore the three primary grounds for default, the role of anticipatory repudiation, and how the DeVito waiver doctrine can change the game. Plus, practical
The Six Scariest Things About Contracting with the Federal Government
Seyfarth Partners Amy Hoang (the Pink Dinosaur) and Teddie Arnold (the Mountain Lion) count down the six most terrifying aspects of federal contracting — from cursed flowdowns and zombie performance clauses to the final horror of government enforcement. With spooky soundscapes and sharp legal insight, this Halloween-themed episode of Claims & Sustains turns compliance
Bid Protest Breakdown: Standing Showdown at the Federal Circuit
In this episode of Claims and Sustains, hosts Teddie Arnold and Erica Bakies unpack the Federal Circuit’s en banc decision in Percipient.AI v. United States, exploring how the ruling reaffirms that only actual or prospective bidders have standing to protest federal procurements under the Tucker Act.
Terminations Episode 1: Grounds for Default: When is the Government Justified?
Seyfarth attorneys Teddie Arnold and Zach Jacobson discuss the circumstances in which a Termination for Default (“T4D”) may be justified and what options the contractors has in response.
Two Courts, No Remedy? The Fallout from NIH v. APHA
In this episode of Claims and Sustains, hosts Teddie Arnold, Erica Bakies, and Ken Kanzawa break down the Supreme Court’s ruling in the NIH grants case, exploring how the decision to redirect litigation to the Court of Federal Claims reshapes the legal landscape for federal research funding.