Administration Weighs In (Again) on Contractor Contingency Planning
Client Alert | 1 min read | 10.05.12
On September 28, the White House released guidance to clarify the allowability of liability and litigation costs associated with WARN Act compliance, supplementing the Department of Labor's July 30 guidance on the same subject. The White House guidance advised that, if (1) sequestration occurs and an agency terminates or modifies a contract that necessitates that the contractor order a plant closing or mass layoff of a type subject to WARN Act requirements, and (2) that contractor has followed a course of action consistent with DOL guidance, then any resulting employee compensation costs for WARN Act liability as determined by a court, as well as attorneys' fees and other litigation costs (irrespective of litigation outcome), would qualify as allowable costs and be covered by the contracting agency, if otherwise reasonable and allocable."
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Client Alert | 2 min read | 04.16.26
In a significant decision for government contractors, on April 15, 2026, in Life Science Logistics, LLC v. United States, the U.S. Court of Appeals for the Federal Circuit held that bid protesters challenging an agency’s override of an automatic stay of contract performance under the Competition in Contracting Act (CICA) need not satisfy the demanding four-factor test traditionally required for preliminary injunctive relief. In so doing, the Federal Circuit clarified that CICA stay override challenges need only demonstrate that the override decision was arbitrary and capricious—nothing more.
Client Alert | 4 min read | 04.16.26
ROI Tracking as Mens Rea? Novartis Ruling Reframes AKS Pleading Risk
Client Alert | 4 min read | 04.15.26
Client Alert | 2 min read | 04.15.26
Who Invented That? When AI Writes the Code, Patent Validity Issues May Follow
