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Federal Circuit Sweeps Away DOJ's Defenses in Corrective Action Suits

Client Alert | less than 1 min read | 08.30.12

In Sys. Application & Techs., Inc. v. U.S. (Aug. 24, 2012), the Federal Circuit swept away a litany of preliminary defenses raised by DOJ in multiple cases challenging agency procurement corrective actions in the Court of Federal Claims, holding first and foremost that the CFC possesses jurisdiction over such disputes under the broad grant in 28 U.S.C. § 1491(b)(1). The Federal Circuit also held that contractors have standing to challenge proposed corrective actions, particularly when their pricing has been revealed, and that such disputes are ripe for adjudication when the agency announces the action, not after the agency has fully implemented it.

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Client Alert | 3 min read | 09.13.24

SEC Disbands its Climate and ESG Enforcement Task Force

The Securities and Exchange Commission (SEC) has reportedly recently dissolved its Climate and ESG Enforcement Task Force (the Task Force). The Task Force was part of SEC Chair Gary Gensler’s broader push to increase investors’ access to environmental, social, and governance (“ESG”) information about public companies and registered investment companies. The dissolution of the Climate and ESG Enforcement Task Force comes after three years marked by industry resistance and a mixed record in the courts. Prior to the Task Force’s dissolution, the agency removed ESG from its annual Examination Priorities Report, which provides areas of particular focus during SEC examinations. While the Task Force has been dissolved, the SEC is still pursuing a number of its proposed ESG and climate-related rules....