CFC Finds Unreasonable Deviation from Customary Commercial Practices
Client Alert | less than 1 min read | 10.26.11
In U.S. Foodservice, Inc. v. U.S., the Court of Federal Claims, while finding that the Army DLA Troop Support had demonstrated a rational basis for a number of provisions that deviated from standard commercial terms and conditions in the food service industry, nonetheless enjoined the procurement because the solicitation's Most Favored Customer clause, itself a deviation from customary commercial practices, was an "irrational and unreasonable attempt towards pursuing [DLA's] overall goals of increasing transparency and reducing fraud." The court explained that the MFC provision was overbroad and would force offerors to submit and certify a price that would include elements that are "completely untethered from ascertainable or predictable knowledge."
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Client Alert | 3 min read | 11.13.26
Massachusetts Trade Secret Preliminary Injunctions: Prove the Harm, Tailor the Relief
A strong trade secret claim is not a substitute for proof of irreparable harm. In Daikin Applied Americas Inc. v. Russo, No. SJC-13881 (Mass. Oct. 14, 2026), the Massachusetts Supreme Judicial Court held that likely success on a misappropriation claim does not create a presumption of irreparable harm. The court grounded its ruling in both the Massachusetts Uniform Trade Secrets Act and the traditional equitable principles the statute incorporates. It required a case-specific showing that the requested relief would prevent harm that a final judgment could not adequately remedy.
Client Alert | 1 min read | 11.12.26
SBA Announces Doubling Veteran Contracting Target to 10% for FY 2027, but Questions Remain
Client Alert | 6 min read | 11.12.26
Client Alert | 2 min read | 11.11.26
President Trump Nominates Peter Feldman to Serve as CPSC Chairman and Commissioner
