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How Do You Prove Prejudice in a Protest?

Client Alert | less than 1 min read | 09.26.11

In East West, Inc. v. U.S. (CFC Sept. 21, 2011), Judge Wolski joins a growing number of CFC judges who are more open to receiving affidavits from company officials explaining how the agency's alleged illegality affected the company. While refusing to accept a protestor's affidavit as part of the "administrative record" to explain what the agency did, he allowed it as part of the "court" record to allow the company to meet its burden to show prejudice.


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Client Alert | 3 min read | 02.13.26

Recent Developments in U.S. Merger Enforcement: HSR Rule Overturned and Leadership Changes at DOJ Antitrust Division

In October 2024, the FTC adopted a final rule that substantially modified the HSR form, requiring new categories of information and documents. The final rule was the most significant overhaul of the HSR premerger notification requirements in decades. The new requirements imposed additional time and expense on merging parties, with the FTC estimating that the new form would likely take triple the amount of time to complete than the previous form. Numerous groups, including the U.S. Chamber of Commerce, sued to challenge the rule....