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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.

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Client Alert | 3 min read | 02.13.26

Recent Developments in U.S. Merger Enforcement: HSR Rule Overturned and Leadership Changes at DOJ Antitrust Division

In October 2024, the FTC adopted a final rule that substantially modified the HSR form, requiring new categories of information and documents. The final rule was the most significant overhaul of the HSR premerger notification requirements in decades. The new requirements imposed additional time and expense on merging parties, with the FTC estimating that the new form would likely take triple the amount of time to complete than the previous form. Numerous groups, including the U.S. Chamber of Commerce, sued to challenge the rule....