GAO Sends Agency Back To The Drawing Board -- Again
Client Alert | less than 1 min read | 01.13.09
When Nortel, represented by C&M, challenged DEA's award of an IT services contract based on a possible OCI, DEA decided to take corrective action after GAO's "outcome prediction" alternative dispute resolution conference. DEA reaffirmed its selection, and in round two in Nortel Gov't Solutions, Inc. (Dec. 30, 2008), GAO found that DEA had (1) still failed to determine the extent of the awardee's OCI and (2) unreasonably concluded that the awardee's mitigation plan was acceptable when the awardee would be required to review and provide input on designs it proposed under a separate contract with DEA.
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Client Alert | 8 min read | 03.05.26
A recent decision by the United States Court of Appeals for the Fifth Circuit, Farmers Texas County Mutual Insurance Co. v. 1st Choice Accident & Injury, LLC, No. 24-20275 (5th Cir. Feb. 24, 2026), offers important lessons for health care payors and other potential plaintiffs considering civil claims under the federal Racketeer Influenced and Corrupt Organizations Act (RICO). Although the Fifth Circuit’s decision focused on a procedural issue, the underlying case turned on a fundamental pleading failure: the plaintiff insurers did not adequately describe the fraudulent network they were suing as a RICO “enterprise.” The result was dismissal of a $14 million fraud case.
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