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Pre-Award Protest Timeliness Rule Extended

Client Alert | less than 1 min read | 12.18.12

In Comint Sys. Corp. v. U.S. (Dec. 7, 2012), the Federal Circuit extended its judicially imposed timeliness rules to require a protest of a solicitation defect to be filed in court prior to award, if practical, even if the alleged error occurred after proposals had been submitted. The court noted that this is consistent with the GAO timeliness rules.


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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....