GAO Finds Discussions Were Not Meaningful And, In Fact, Misleading
Client Alert | 1 min read | 06.30.04
In Lockheed Martin Corp. (May 27, 2004), GAO found that the agency failed to conduct meaningful discussions because it neglected to notify the protester during discussions that proposed "contractor-specific" savings would be excluded from the agency's calculation of the Average Unit Production Cost ("AUPC"), despite the protester's reasonable belief that the agency would do so, and further, that discussions were misleading because the agency failed to disabuse the protester of its erroneous (though reasonable) understanding regarding the costs that the agency intended to apply in calculating the AUPC. GAO also determined that the award decision was flawed because the agency credited the awardee's proposal with having met certain performance requirements even though the proposal never addressed the specific level of performance required.
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Client Alert | 4 min read | 12.04.25
District Court Grants Preliminary Injunction Against Seller of Gray Market Snack Food Products
On November 12, 2025, Judge King in the U.S. District Court for the Western District of Washington granted in part Haldiram India Ltd.’s (“Plaintiff” or “Haldiram”) motion for a preliminary injunction against Punjab Trading, Inc. (“Defendant” or “Punjab Trading”), a seller alleged to be importing and distributing gray market snack food products not authorized for sale in the United States. The court found that Haldiram was likely to succeed on the merits of its trademark infringement claim because the products at issue, which were intended for sale in India, were materially different from the versions intended for sale in the U.S., and for this reason were not genuine products when sold in the U.S. Although the court narrowed certain overbroad provisions in the requested order, it ultimately enjoined Punjab Trading from importing, selling, or assisting others in selling the non-genuine Haldiram products in the U.S. market.
Client Alert | 21 min read | 12.04.25
Highlights: CMS’s Proposed Rule for Medicare Part C & D (CY 2027 NPRM)
Client Alert | 11 min read | 12.01.25
