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.
Insights
Client Alert | 7 min read | 08.17.26
Delayed Notification of Cyberattacks May Trigger HIPAA Breach Notification Rule
After identifying a ransomware attack in 2021, OSF Healthcare System waited until its forensic investigation had concluded before notifying the U.S. Department of Health and Human Services (HHS) — and the affected individuals — of the breach. The 110-day delay (nearly double the 60-calendar-day notification deadline mandated by the HIPAA Breach Notification Rule) triggered an investigation from HHS’s Office for Civil Rights (OCR). The health system’s investigation determined that protected health information (PHI) had been stolen.
Client Alert | 4 min read | 08.14.26
License to Hack? The White House Greenlights Private-Sector Offensive Cyber Operations
Client Alert | 4 min read | 08.13.26
Supreme Court Confirms Contractual Loss of Bargain Without Repudiatory Breach
Client Alert | 7 min read | 08.12.26
Developments in Canadian Investment Treaty Practice: New FIPA Between Canada and UAE in Force
