Federal Circuit Sweeps Away DOJ's Defenses in Corrective Action Suits
Client Alert | less than 1 min read | 08.30.12
In Sys. Application & Techs., Inc. v. U.S. (Aug. 24, 2012), the Federal Circuit swept away a litany of preliminary defenses raised by DOJ in multiple cases challenging agency procurement corrective actions in the Court of Federal Claims, holding first and foremost that the CFC possesses jurisdiction over such disputes under the broad grant in 28 U.S.C. § 1491(b)(1). The Federal Circuit also held that contractors have standing to challenge proposed corrective actions, particularly when their pricing has been revealed, and that such disputes are ripe for adjudication when the agency announces the action, not after the agency has fully implemented it.
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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.
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