Federal Circuit Clarifies Prejudice Review In Bid Protest Cases
Client Alert | less than 1 min read | 04.26.05
Explaining away seemingly contradictory precedent, the Federal Circuit in Bannum, Inc. v. U.S. (Apr. 21, 2005) clarified that, while the merits are reviewed on appeal de novo under the Administrative Procedure Act's "arbitrary and capricious or in violation of law" standard, the determination of whether a violation of law is prejudicial requires fact finding by the Court of Federal Claims and is reviewed for "clear error." Applying the clear error standard to this case, the appellate court found none in the trial court's determination that the violation had not prejudiced the protester.
Insights
Client Alert | 4 min read | 05.14.26
No-Fly Zones for Drones: FAA Proposes New Rules Over Critical Infrastructure
On May 6, 2026, the Federal Aviation Administration (FAA) published a long-awaited Notice of Proposed Rulemaking (NPRM) that would create a formal process for designating drone-free zones — known as Unmanned Aircraft Flight Restrictions (UAFRs) — over critical infrastructure facilities. The proposed rule has significant implications for the entire drone ecosystem. Facility operators across a broad range of industries would gain a potential pathway to restrict unauthorized drone access to their airspace, while commercial drone operators and companies that rely on UAS services face new compliance obligations, operational constraints, and potential criminal liability in designated zones.
Client Alert | 4 min read | 05.14.26
Client Alert | 6 min read | 05.12.26
