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Federal Circuit Upholds Corrective Action After Outcome Prediction

Client Alert | less than 1 min read | 10.27.15

In Raytheon Co. v. U.S. (Oct. 23, 2015), the Federal Circuit upheld the CFC's denial of Raytheon's protest challenging corrective action taken in response to the GAO's outcome prediction statement that the unequal treatment challenge of a competitor would likely be sustained. The Federal Circuit agreed with the CFC that the Air Force's challenged pre-award communication with Raytheon amounted to unequal and misleading discussions and, therefore, the Air Force had a rational basis for reopening the bidding process.


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Client Alert | 2 min read | 09.18.25

FDA Announces Intention to Initiate an Aggressive Enforcement Campaign Against Misleading Pharmaceutical Advertising

On September 9, 2025, the U.S. Department of Health and Human Services (HHS) and the Food and Drug Administration (HHS) issued a news release announcing an “aggressive[]” “crackdown” on direct-to-consumer pharmaceutical advertising. This release came on the heels of a Presidential Memorandum President Trump issued the same day directing HHS to “ensure transparency and accuracy in direct-to-consumer prescription drug advertisements,” and the FDA to “take action to enforce legal requirements that advertisements for prescription drugs be truthful and not misleading.”...