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Option Exercise Not Fully Discretionary

Client Alert | less than 1 min read | 08.29.06

Relying on CFC precedent, the GSBCA in Northrop Grumman Computing Systems, Inc. (June 26, 2006, http:// www.gsbca.gsa.gov/appeals/y1636726.pdf), reiterated that an agency by contract can restrict its normally unlimited discretion whether or not to exercise an option. In this instance, the contractor stated a valid case that the agency had violated its express duties to use its best efforts to gain funding to allow exercise of the option and not to buy other equipment to do the same job.

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Client Alert | 2 min read | 09.18.25

FDA Announces Intention to Initiate an Aggressive Enforcement Campaign Against Misleading Pharmaceutical Advertising

On September 9, 2025, the U.S. Department of Health and Human Services (HHS) and the Food and Drug Administration (HHS) issued a news release announcing an “aggressive[]” “crackdown” on direct-to-consumer pharmaceutical advertising. This release came on the heels of a Presidential Memorandum President Trump issued the same day directing HHS to “ensure transparency and accuracy in direct-to-consumer prescription drug advertisements,” and the FDA to “take action to enforce legal requirements that advertisements for prescription drugs be truthful and not misleading.”...