Negative Responsibility Determination Overturned
Client Alert | 1 min read | 12.02.10
In Bilfinger Berger AG v. U.S. (Nov. 19, 2010), the CFC found that the Army Corps of Engineers had unreasonably relied on the opinion of an Italian lawyer applying Italian law to disqualify an offeror for when the Corps had failed to describe all the relevant situation to the attorney and issued a preliminary injunction stopping all work under the contract. The case is another example of the little deference that the CFC gives GAO opinions, as the GAO had found in the Corps' favor on the same facts, and Judge Sweeney also joins those on the court who have ruled that the jurisdiction under 1491(a)(1) of the court to consider a breach of the implied-in-fact contract to consider a solicitation fairly and consistently with the solicitation is intact after the addition of bid protest jurisdiction in 1491(b)(1) and the Federal Circuit's decision in Resource Conservation Group earlier this year.
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Client Alert | 4 min read | 03.18.26
Entities regulated by the Animal Welfare Act (AWA) are potentially facing an unprecedented wave of federal enforcement as DOJ, USDA, HHS, and DHS unleash a plan to intensify inspections, increase compliance demands, and coordinate enforcement efforts like never before — making proactive preparation essential for all affected organizations.
Client Alert | 9 min read | 03.18.26
The Belgian Competition Authority's 2026 Priorities: What In-House Counsel Need to Know
Client Alert | 4 min read | 03.17.26
Client Alert | 4 min read | 03.17.26
