You Must Ante Up To Play In The Game
Client Alert | less than 1 min read | 05.11.06
The Federal Circuit in Rex Service Corp. v. U.S. (May 8, 2006) emphasized that a company must respond to a solicitation, even if it thinks it is flawed, to be able to have standing as an "interested party" to protest. Unless the company is prevented from bidding (e.g., by a sole-source award), a company does not meet the requirements of being "an actual or prospective bidder" with a "direct economic interest" if it could have bid but didn't.
Insights
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.
Client Alert | 2 min read | 06.09.26
Client Alert | 7 min read | 06.09.26
Client Alert | 11 min read | 06.08.26
