Army Can't Bypass Competition Without Court Scrutiny
Client Alert | less than 1 min read | 02.18.04
Noting the Army "may not disregard" legal constraints "under the auspices of an unusual and compelling urgency," the Court of Federal Claims, in Filtration Development Co. v. U.S. (Feb. 3, 2004), held that a court can review an Army decision to bypass competitive procedures on the basis of "urgent and compelling circumstances" even when those circumstances – rapid deterioration of helicopters in Iraq – involve military needs of mobilized forces. The court rejected the argument that it had no standards against which to review the Army decision, stating that it could review the Army's written justification for rationality and the "fact that the ultimate destination . . . is Iraq does not alter this proposition."
Insights
Client Alert | 4 min read | 08.27.26
FCC Clarifies Covered List for Power Inverters and Advanced Robotic Devices
On July 28, 2026, the Federal Communications Commission (FCC) updated its Covered List — established through the Secure and Trusted Communications Networks Act — to include foreign-produced connected power inverters and advanced robotic devices, following an executive branch national security determination that they “pose unacceptable risks to the national security of the United States or the safety and security of United States persons.” Equipment on the Covered List is ineligible for FCC equipment authorization, effectively prohibiting the import, sale, or marketing of those products without an exception or approval.
Client Alert | 4 min read | 08.27.26
Power Play: New Executive Order Targets Electrical Grid Equipment
Client Alert | 5 min read | 08.26.26
D.C. Circuit Upholds Designation of PFOA and PFOS as CERCLA Hazardous Substances
Client Alert | 5 min read | 08.26.26
