Crystal-Ball Jurisprudence Critiqued
Client Alert | 1 min read | 04.17.09
In the ABA's latest edition of the Public Contract Law Journal (Winter 2009), Crowell & Moring's Rick Claybrook suggests in his article, Please Check Your Crystal Ball at the Courtroom Door--A Call for the Judiciary in Bid Protest Actions to Let Agencies Do Their Job, that the CFC and Federal Circuit need to reanalyze their review and use of the prejudice standard in bid protest actions. He suggests that the courts usurp the procuring agency's function when they prognosticate what the agency will do upon remand of an illegal procurement and outlines a more deferential prejudice standard.
Insights
Client Alert | 2 min read | 12.29.25
FYI – GAO Finds Key Person “Available” Despite Accepting Employment with a Different Company
GAO’s key personnel rule is well-known—and often a source of frustration— amongst government contractors. Proposed key personnel who become “unavailable” prior to contract award—especially where they have accepted employment with a different company—may doom an offeror’s proposal by rendering it noncompliant with solicitation requirements. But GAO’s recent decision in FYI – For Your Information, Inc., B-423774, B-423774.2 (Dec. 19, 2025) provides some potential relief from that rule.
Client Alert | 4 min read | 12.29.25
More Than Math: How Desjardins Recognizes AI Innovations as Patent-Eligible Technology
Client Alert | 10 min read | 12.24.25
Client Alert | 3 min read | 12.24.25
Keeping it Real: FTC Targets Fake Reviews in First Consumer Review Rule
