But Judge, That Was Only What We Said To Congress
Client Alert | less than 1 min read | 03.27.06
Judge Williams of the Court of Federal Claims was obviously not amused when she set aside the agency's override of the automatic stay during the GAO protest proceedings in Cigna Gov't Services, LLC v. U.S. (Mar. 10, 2006) in a procurement for Medicare claims administration. In addition to finding the rationale of the agency inconsistent with the agency's testimony to Congress that the procurement had significant scheduling flexibility, she found the override determination failed to consider several relevant factors, such as the cost of termination if GAO determines that the agency made an illegal award.
Insights
Client Alert | 3 min read | 04.17.26
On March 18, 2026, the Antitrust Division (Division) of the U.S. Department of Justice (DOJ) entered into a Non-Prosecution Agreement (“NPA”) with Broadway Across America (“BAA”), resolving a criminal antitrust investigation into agreements between BAA and another entertainment company (“Company A”) that included non-compete restrictions on Company A’s ability to offer potentially competing programming. Notably, the restrictions were contained in a vertical agreement by which BAA presented touring shows at theaters owned by Company A. The announcement is a reminder that the agencies continue to scrutinize non-compete agreements contained in business contracts, and all non-compete provisions, even those included between vertical partners, should be reviewed by antitrust counsel.
Client Alert | 2 min read | 04.16.26
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
