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DoD Renews Its Request to Limit CFC Bid Protest Jurisdiction Dramatically

Client Alert | 1 min read | 04.22.16

In its legislative proposal package sent to Congress on April 12, 2016, the DoD is again seeking to curtail the CFC’s bid protest jurisdiction significantly by importing nearly all of GAO’s rigid timeliness rules into the Tucker Act, 28 U.S.C. § 1491(b), with the stated goals of “reducing the time to decide bid protests by avoiding unnecessarily repetitive protests” and eliminating an “unintended forum shopping practice that has arisen under the existing bid protest system[.]” For a detailed review of the similar DoD legislative proposal in 2012, see this post, where we explain why the proposed change, among other things, (1) will not fully address DoD’s “second bite at the apple” concerns, (2) will deny many prospective protesters a “first bite,” and (3) may have a significant effect on the types and numbers of protests filed in the GAO and the CFC.

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Client Alert | 5 min read | 07.20.26

DOJ and DHS Issue Interim Final Rule on State and Local Counter-Drone Authority Under the SAFER SKIES Act

On July 6, 2026, the U.S. Department of Justice (DOJ) and the U.S. Department of Homeland Security (DHS) published an Interim Final Rule (IFR) setting up a new federal framework that allows state, local, Tribal, and territorial (SLTT) law enforcement and correctional agencies to detect, track, and, in some cases, disable or seize drones. The rule directly affects SLTT agencies looking to stand up counter-drone programs, as well as drone and counter-drone technology companies whose products will be subject to federal review and approval. Although the IFR bypassed the Administrative Procedure Act’s standard notice-and-comment process on good cause grounds — citing the statutory 180-day deadline and urgent public safety needs — the rule is already legally binding and effective as of July 1, 2026. The Departments are nonetheless accepting post-promulgation comments through September 4, 2026....

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