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ASBCA Hears Past Performance Evaluation Challenges

Client Alert | less than 1 min read | 07.19.10

In Appeal of Colonna's Shipyard, Inc. (June 24, 2010), the ASBCA confirmed, consistent with recent CFC decisions in Todd Construction, L.P. v. U.S., 88 Fed. Cl. 34, 235 (2008), that it has jurisdiction to review claims challenging inaccurate past performance evaluations under the Contract Disputes Act. Thus, the way is clear for contractors to challenge DOD past performance evaluations in either forum.

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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....