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Private Party MEO Teammate Allowed Intervention To Protect Proprietary Information

Client Alert | 1 min read | 12.14.06

In the protest of a contract award to the Government's Most Efficient Organization (MEO) in an A-76 public/private procurement, the COFC granted MEO private team member Lockheed Martin Services, Inc.'s motion to intervene as a matter of right for the limited purpose of protecting its trade secrets and proprietary data (Northrop Grumman Information Technology, Inc. v. United States). The MEO did not have legal representation separate from the awarding agency, and the COFC concluded that Lockheed's interests were not adequately represented by agency counsel in the context of an A-76 procurement in which agency counsel must "wear multiple hats at the same time" and where agency counsel admitted that the "most comfortable" hat is representing the Source Selection Authority.

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Client Alert | 6 min read | 03.26.24

California Office of Health Care Affordability Notice Requirement for Material Change Transactions Closing on or After April 1, 2024

Starting next week, on April 1st, health care entities in California closing “material change transactions” will be required to notify California’s new Office of Health Care Affordability (“OHCA”) and potentially undergo an extensive review process prior to closing. The new review process will impact a broad range of providers, payers, delivery systems, and pharmacy benefit managers with either a current California footprint or a plan to expand into the California market. While health care service plans in California are already subject to an extensive transaction approval process by the Department of Managed Health Care, other health care entities in California have not been required to file notices of transactions historically, and so the notice requirement will have a significant impact on how health care entities need to structure and close deals in California, and the timing on which closing is permitted to occur....