Federal Circuit Reaffirms Deferential OCI Standard
Client Alert | 1 min read | 05.06.09
The Federal Circuit in Axiom Resource Mgmt., Inc. v. U.S. (May 4, 2009) reversed the CFC decision granting a protest on the basis of an organization conflict of interest ("OCI"), and, in doing so, reaffirmed that, when the CFC reviews an OCI determination by a CO, including, in this case, the adequacy of a mitigation plan, it must apply the deferential "arbitrary and capricious" standard of the Administrative Procedure Act. In addition, the appellate court criticized the CFC for accepting litigation affidavits and relying on them when there was no need to supplement the administrative record, along the way casting doubt on the vitality of the Esch factors commonly used by the CFC in deciding whether to supplement an agency record in a bid protest case.
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Client Alert | 10 min read | 04.22.26
The EU Industrial Accelerator Act Proposal’s Significance for the Automotive Industry
On March 4, 2026, the European Commission proposed the Industrial Accelerator Act (IAA), a draft regulation that aims to reverse the decline of the EU’s manufacturing sector while supporting the adoption of cleaner technologies. This client alert is the third in a three-part series dedicated to the IAA. In our first alert, we provided an overview of the draft regulation. In a second alert, we took a closer look at the new foreign direct investment (FDI) review framework that the IAA would establish for certain strategic sectors. In this third and final instalment of the series, we focus on the implications of the proposal for the automotive industry.
Client Alert | 3 min read | 04.21.26
Client Alert | 7 min read | 04.20.26
EU Pharma Package: The “Bolar” Exemption Compromise Proposal
Client Alert | 8 min read | 04.17.26
CMS Finalizes CY 2027 Medicare Advantage and Part D Rule: Key Implications for Plan Sponsors
