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R-E-V-I-E-W Does Not Spell R-E-L-I-E-F

Client Alert | less than 1 min read | 12.06.04

Rejecting the contention that, after finding arbitrary and capricious conduct by procurement officials, the award must be declared invalid and set aside, the Federal Circuit in PGBA v. U.S. (Nov. 22, 2004) says that a court is to apply the normal balancing of the equities, including the public interest, when deciding whether to grant an injunction after finding for a protester on the merits. Congress only adopted the review provisions of section 706 of the Administrative Procedure Act, the court explained, not its seemingly mandatory relief provisions.

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Client Alert | 7 min read | 06.24.26

DOJ’s National Security Division Announces First Declination Under New Corporate Enforcement Policy With Parallel BIS Settlement

On June 17, 2026, the U.S. Department of Justice’s (DOJ( National Security Division (NSD) announced that it had issued a declination for Robert Bosch GmbH (Bosch) relating to potential violations of the Export Control Reform Act, 50 U.S.C. § 4819 (ECRA). Specifically, the DOJ declined to criminally prosecute Bosch’s violations of the Export Administration Regulations’ (EAR) Foreign Direct Product Rule (FDPR), which apparently resulted from two Bosch subsidiaries’ export of products and software manufactured with equipment that was the direct product of U.S. software or technology to Huawei Technologies Co., Ltd. and its “Entity List” affiliates, including Huawei Tech. Investment Co., Ltd., Hong Kong (collectively, Huawei). The same day, the U.S. Department of Commerce Bureau of Industry and Security (BIS) announced a parallel civil administrative settlement with Bosch....

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