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GAO Bid Protest Statistics for FY2019

Client Alert | less than 1 min read | 11.08.19

On November 5, 2019, the U.S. Government Accountability Office (“GAO”) released its Annual Report on Bid Protests for Fiscal Year 2019. GAO received and sustained slightly fewer protests than in FY2018, but the overall Effectiveness Rate—i.e., the percentage of time the protester received relief, such as voluntary corrective action or GAO sustaining its protest—held steady at 44%. The most common bases for sustained protests in FY2019 were (1) unreasonable technical evaluations; (2) inadequate documentation of agency records; (3) flawed selection decisions; (4) unequal treatment of offerors; and (5) unreasonable cost or price evaluations.


Insights

Client Alert | 3 min read | 02.11.26

Clicking All the Right Boxes: FTC Moves to Revive “Click-to-Cancel” Rule Following Eighth Circuit Vacatur

On July 8, 2025, the U.S. Court of Appeals for the Eighth Circuit vacated the Federal Trade Commission’s (FTC) Rule Concerning Subscriptions and Other Negative Option Plans, commonly known as the “Click-to-Cancel” rule. As detailed in a previous client alert, the rule was intended to regulate negative option plans[1]— such as subscriptions and automatic renewals — by imposing stringent requirements on businesses, including streamlined cancellation processes and enhanced disclosure obligations. The Eighth Circuit vacated the Click-to-Cancel rule because it found that the FTC had failed to comply with mandatory procedural requirements. As a result, the rule is no longer in effect, and businesses are not currently subject to its mandates....