Past Performance Remains Fertile Ground For Protest Challenges
Client Alert | less than 1 min read | 11.18.05
In J.A. Farrington Janitorial Servs. (Oct. 18, 2005, http://www.gao.gov/decisions/bidpro/296875.pdf), GAO found unreasonable the agency's assignment of a "high confidence" rating to the awardee of a grounds maintenance contract where the awardee's past performance references all related to efforts of far smaller magnitude and for only commercial customers. GAO also found that the agency's determination that the price offered by the protester, a HUBZone small business, was unrealistic amounted to a responsibility determination, and therefore had to be submitted to the Small Business Administration for a possible certificate of competency.
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Client Alert | 8 min read | 12.10.25
Creativity You Can Use: CJEU Clarifies Copyright for Applied Art
On 4 December 2025, the Court of Justice of the EU (CJEU) issued a landmark judgment in the joined cases C-580/23 (Mio v. Asplund) and C-795/23 (USM v. Konektra) concerning copyright protection for “works of applied art” (i.e., utilitarian objects such as tables, furniture, lighting fixtures, sofas, chairs, kitchen appliances, vases, and fashion items).
Client Alert | 14 min read | 12.10.25
SBA Office of General Counsel Audit of Participants in the 8(a) Program and Beyond
Client Alert | 8 min read | 12.09.25
Client Alert | 4 min read | 12.08.25
California’s AB 2013 Requires Generative AI Data Disclosure by January 1, 2026
