Request For Clarification Amounts To Discussions
Client Alert | less than 1 min read | 08.04.06
In University of Dayton Research Institute (June 15, 2006, http://www.gao.gov/decisions/bidpro/2969466.pdf), the GAO found that an agency's request for vendors to clarify certain discrepancies in their proposed rate tables constituted discussions because the proposal discrepancies were so material that the agency could not conduct a price evaluation without the clarifications and the corrections resulted in significant changes to the proposed prices. As a consequence, GAO held that the agency was required to conduct meaningful discussions with all offerors in the competitive range, which it had not done with the protester.
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Client Alert | 3 min read | 02.11.26
On July 8, 2025, the U.S. Court of Appeals for the Eighth Circuit vacated the Federal Trade Commission’s (FTC) Rule Concerning Subscriptions and Other Negative Option Plans, commonly known as the “Click-to-Cancel” rule. As detailed in a previous client alert, the rule was intended to regulate negative option plans[1]— such as subscriptions and automatic renewals — by imposing stringent requirements on businesses, including streamlined cancellation processes and enhanced disclosure obligations. The Eighth Circuit vacated the Click-to-Cancel rule because it found that the FTC had failed to comply with mandatory procedural requirements. As a result, the rule is no longer in effect, and businesses are not currently subject to its mandates.
Client Alert | 3 min read | 02.10.26
UK FCA Proposes New Sustainability Disclosure Rules for Listed Companies
Client Alert | 3 min read | 02.09.26
Client Alert | 1 min read | 02.09.26
Worried Three’s a Crowd? Decline Intervention at Your Own Peril
