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 | 7 min read | 08.19.26
CMS’s Final Rule Bans Federal Medicaid Funding for Youth Gender-Affirming Care
On August 13, 2026, the Centers for Medicare and Medicaid Services (CMS) published its final rule banning the use of federal funds — through Medicaid and the Children’s Health Insurance Program (CHIP) — to pay for gender-affirming care for children and youth. The final rule takes effect October 13, 2026 (“Prohibition on Federal Medicaid and Children's Health Insurance Program Funding for Sex-Rejecting Procedures Furnished to Children”). While CMS finalized several key elements of its late-2025 proposed rule (Client Alert December 24, 2025), the proposed Medicare hospital Condition of Participation rule remains in proposed form.
Client Alert | 2 min read | 08.19.26
Client Alert | 7 min read | 08.17.26
Delayed Notification of Cyberattacks May Trigger HIPAA Breach Notification Rule
Client Alert | 4 min read | 08.14.26
License to Hack? The White House Greenlights Private-Sector Offensive Cyber Operations
