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GAO Rules that DoD May Not Require a Small Business Joint Venture Itself to Hold Facility Clearance

Client Alert | less than 1 min read | 09.08.21

In InfoPoint LLC, the Government Accountability Office ruled that the Department of Defense could not require a small business joint venture offeror to itself hold a facility clearance when the individual joint venture members themselves both hold the necessary facility clearances.  GAO ruled that the National Defense Authorization Act for Fiscal Year 2020, implemented in the Small Business Administration’s regulations at 13 C.F.R. § 121.103(h)(4), unambiguously prohibits the DoD from requiring that a joint venture hold a facility clearance if the members do.  Read more about this decision here.

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Client Alert | 3 min read | 07.17.26

U.S. Supreme Court Will Consider Challenge to Contempt Order in Federal Antitrust and Unfair Competition Case

In the underlying litigation, Epic Games alleged that Apple violated antitrust and unfair competition laws by engaging in anti-steering behavior related to purchases on Apple’s in-app payment system. Apple received a percentage of payments made through this system, and Epic Games argued that Apple prohibited app developers from informing users about alternative payment options.  ...