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Federal Circuit Opens Split Over Paralegal Reimbursement Under EAJA

Client Alert | less than 1 min read | 01.12.07

In a 2-1 decision which rejected a decision of another circuit, Judges Dyk and Rader in Richlin Security Serv. Co. v. Chertoff (Fed. Cir. Dec. 26, 2006) held that, under the Equal Access to Justice Act, prevailing parties can only recover the actual cost to the parties' law firms of paralegal services, not the market rates billed by the firms. Judge Plager in dissent found an analogous Supreme Court precedent convincing and argued that a prior Federal Circuit decision had already held to the contrary, requiring en banc reconsideration.

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Client Alert | 2 min read | 12.29.25

FYI – GAO Finds Key Person “Available” Despite Accepting Employment with a Different Company

GAO’s key personnel rule is well-known—and often a source of frustration— amongst government contractors.  Proposed key personnel who become “unavailable” prior to contract award—especially where they have accepted employment with a different company—may doom an offeror’s proposal by rendering it noncompliant with solicitation requirements.  But GAO’s recent decision in FYI – For Your Information, Inc., B-423774, B-423774.2 (Dec. 19, 2025) provides some potential relief from that rule. ...