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Inadequate Justification for Restrictive Requirements Leads to Injunction

Client Alert | less than 1 min read | 01.10.11

After having been thrown out of GAO for purportedly not being an interested party to challenge Interior’s restriction of its procurement of a department-wide messaging and cloud computing system to Microsoft resellers on the GSA schedule, Google found a more sympathetic ear, and standing to complain, in the CFC. In Google, Inc. v. U.S. (Jan. 4, 2011), the court found that Interior had failed to take several of the procedural steps required by CICA and the FAR to justify the restrictive specification of Microsoft products, enjoined the procurement, and remanded the matter to the agency for it to follow the correct steps of the process.

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Client Alert | 8 min read | 10.01.25

BIS Issues “Affiliates Rule” to Dramatically Expand Applicability of Entity and Military End-User Lists

On September 29, 2025, the U.S. Department of Commerce Bureau of Industry and Security (BIS) announced a sweeping Interim Final Rule (IFR), (the “Affiliates Rule”) expanding which entities qualify as Entity List or Military End-User entities, thereby subjecting those entities to elevated export control restrictions under the Export Administration Regulations (EAR). U.S. export restrictions applicable to entities on the Entity List, Military End-User (MEU) List, and Specially Designated Nationals and Blocked Persons (SDN List) now apply to foreign affiliates that are, in the aggregate, owned 50% or more by one or more of the aforementioned entities. An entity that becomes subject to these restrictions because of its ownership structure will be subject to the most restrictive controls that attach to any of its parent entities, regardless of ownership stakes....