CDA's Statute of Limitation Not Jurisdictional
Client Alert | less than 1 min read | 08.12.10
In Menominee Indian Tribe v U.S., the DC Circuit holds, contrary to some BCA and CFC decisions, that the six-year statute of limitation on contractor claims of the Contract Disputes Act is not jurisdictional, but rather "a claims-processing rule." As a result, instead of filing late being an absolute bar, the court remands the case for the district court to determine whether equitable tolling should be applied in the particular circumstances.
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Client Alert | 3 min read | 07.23.26
It is well established that “[c]ompetitive prejudice is an essential element of every viable protest.” Yet, for decades, the U.S. Government Accountability Office (GAO) has tempered this requirement with two critical corollaries: protesters need only demonstrate a “reasonable possibility” that they were prejudiced by an agency’s actions, and GAO “will resolve doubts regarding prejudice in favor of the protester.” These principles have been consistent features of GAO’s bid protest jurisprudence for more than 30 years. See, e.g., United Int’l Eng'g, Inc., B-245448, Jan. 29, 1992, 71 CPD ¶ 177.
Client Alert | 3 min read | 07.23.26
Second Circuit Affirms Preliminary Injunction Against Nielsen in Constructive Tying Case
Client Alert | 4 min read | 07.22.26
Client Alert | 4 min read | 07.22.26
Ghost Advertising: Compliance Takeaways From the Gymshark Influencer Class Action
