One-Sided Discussions with the Awardee—the Solution, Not the Problem
Client Alert | 1 min read | 02.18.16
Last month in Caddell Construction v. U.S., the Court of Federal Claims declared the State Department's award of a contract for construction of a new embassy compound in Mozambique null and void and ordered the agency to reopen discussions with only the awardee and to reevaluate the offerors' pricing. In the redacted opinion released on February 10, the Court explained that the unusual remedy of one-sided discussions was appropriate because the agency misled the awardee during discussions into lowering its price when it was already the only price below the Independent Government Estimate and because the awardee would be prejudiced if all offerors were allowed to revise their proposals, given that the misleading discussions affected only the awardee and the award price and IGE had already been publicly disclosed.
Insights
Client Alert | 4 min read | 08.29.25
Gender-Affirming Care Targeted for Potential False Claims Act Enforcement
On August 19, 2025, the Office of Personnel Management (OPM) informed insurers participating in the Federal Employees Health Benefits or Postal Service Health Benefits programs that gender-affirming care would no longer be covered for federal workers starting in 2026. This coverage decision is the Trump Administration’s latest action stemming from Executive Order 14187 which aims to prevent certain treatments, such as gender-affirming hormone therapy, surgeries, and puberty blockers for those under the age of 19. As previously discussed, the Administration has also signaled its intent to use various law enforcement tools against gender-affirming care, including Section 5 of the Federal Trade Commission Act to police false or unsupported claims by medical professionals about gender-affirming treatments.
Client Alert | 4 min read | 08.28.25
9th Circuit Marches Forward to the Future Finding Digital Assets Are Protected Under Trademark Law
Client Alert | 2 min read | 08.27.25
CPSC Maintains Momentum on eFiling Requirements for Consumer Products
Client Alert | 10 min read | 08.27.25
The New EU “Pharma Package”: Advertising – A Comparison of Commission/Parliament/Council Positions
