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Potential Loss Of Workforce Supports Incumbent's Injunction

Client Alert | less than 1 min read | 06.16.05

The incumbent in University Research Co. v. U.S. (June 3, 2005), after demonstrating that the cost realism evaluation was flawed due to the improper normalization of a significant cost element, satisfied its showing of irreparable injury in part by arguing that it would lose some of its trained workforce if the awardee were allowed to take over the job while the case and a reevaluation proceeded. The Court of Federal Claims also noted that only in "an exceptional case" would procurement delay alone warrant denial of injunctive relief in a bid protest case.

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Client Alert | 3 min read | 03.28.24

UK Government Seeks to Loosen Third Party Litigation Funding Regulation

On 19 March 2024, the Government followed through on a promise from the Ministry of Justice to introduce draft legislation to reverse the effect of  R (on the application of PACCAR Inc & Ors) v Competition Appeal Tribunal & Ors [2023] UKSC 28.  The effect of this ruling was discussed in our prior alert and follow on commentary discussing its effect on group competition litigation and initial government reform proposals. Should the bill pass, agreements to provide third party funding to litigation or advocacy services in England will no longer be required to comply with the Damages-Based Agreements Regulations 2013 (“DBA Regulations”) to be enforceable....