"National Security" Limits Judicial Review Of CICA Stay Override
Client Alert | less than 1 min read | 02.23.05
In Kropp Holdings, Inc. v. U.S. (Jan. 27, 2005), Judge Braden of the Court of Federal Claims held that, once legitimate interests of “national security” have been asserted and established to the court’s satisfaction, the court could stop review of a “best interests” CICA stay override, holding that national security makes it “not necessary” to go further. The Court also held that national security concerns and the context of a CICA stay override justify use of a more deferential standard of review of agency action than in the normal bid protest: whether the plaintiff demonstrated a clear error of judgment.
Insights
Client Alert | 2 min read | 03.27.26
CMS Releases PY 2020 RADV Audit Methods and Instructions: Key Takeaways for Health Plans
On March 20, 2026, the Centers for Medicare and Medicaid Services (CMS) released new guidance outlining the agency’s audit methods and instructions for Medicare Advantage (MA) plans subject to upcoming risk adjustment data validation (RADV) audits for payment year (PY) 2020. In addition to providing necessary context for MA plans selected for auditing, this resource clarifies CMS’s methodological and procedural expectations. While the high-level takeaways are recapped below for convenience, we strongly recommend that MA organizations selected for PY 2020 audits closely review the guidance to understand what may be involved — or required — during the agency’s review.
Client Alert | 4 min read | 03.25.26
NAIC Intensifies AI Regulatory Focus: What Health Insurance Payors Need to Know
Client Alert | 11 min read | 03.25.26
White House National AI Policy Framework Calls for Preempting State Laws, Protecting Children
Client Alert | 3 min read | 03.24.26
California Considering A Massive Expansion of Its Antitrust Laws
