Court Tells Agency To Address Illicit Advantage In Recompetition
Client Alert | less than 1 min read | 12.02.05
In Beta Analytics Int'l, Inc. v. U.S. (Nov. 23, 2005), the Court of Federal Claims wrestles with the situation of having found the initial procurement decision to be unlawful but not having stopped the process, which allowed the competitor to take over the job and hire away many of the protestor-incumbent's key employees. The court ordered the Navy (a) not to exercise the option years and (b) to mitigate the unlawful advantage through its evaluation methodology for the reprocurement.
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Client Alert | 6 min read | 06.09.26
Is Stock-a-palooza Over? Supreme Court allows SEC to Pursue Disgorgement
On June 4, 2026, the U.S. Supreme Court unanimously held that the U.S. Securities and Exchange Commission (SEC) can continue to pursue disgorgement as an equitable remedy in securities fraud cases without showing pecuniary loss by investors. The Court’s ruling in Sripetch v. SEC resolves a split between the U.S. Court of Appeals for the Second Circuit, which concluded that the SEC must demonstrate pecuniary loss, and the U.S. Courts of Appeals for the First and Ninth Circuits, which declined to require such a showing.
Client Alert | 2 min read | 06.09.26
Client Alert | 7 min read | 06.09.26
Client Alert | 11 min read | 06.08.26
