Recourse For Negative Past Performance Evaluation
Client Alert | 1 min read | 03.19.09
In Todd Construction, L.P. v. U.S., 85 Fed. Cl. 34 (2008), the CFC affirmed its jurisdiction over a claim challenging an agency's past performance evaluation brought under the Contract Disputes Act. John McCarthy and Addie Cliffe of C&M have authored a pair of articles "Revisiting the Past: Todd Construction, Inc v. U.S. and Judicial Review of Past Performance Evaluations, Part I," (and Part II) which, in the first, address the jurisdictional issue and applicable standard of review and, in the second, explore the remedies available to the court to cure any deficiencies encountered (an issue not addressed by the court in its jurisdictional decision).
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Client Alert | 4 min read | 07.02.25
Merger consent orders are back at the FTC, and the FTC’s most recent action showcases how the current leadership is analyzing divestiture proposals. Last week, the FTC approved a proposed consent agreement in Alimentation Couche-Tard Inc.’s (ACT) acquisition of retail fuel outlets from Giant Eagle, Inc. that paired standard retail divestitures with a “prior notice” requirement that ACT notify the agency of future acquisitions in certain markets regardless of size. This FTC has signaled greater acceptance of remedies than the prior administration, and this most recent consent puts that on display, with Commissioner Meador providing merging parties guidance on designing effective remedies.
Client Alert | 4 min read | 07.02.25
Client Alert | 3 min read | 07.02.25
USPTO's Upcoming Changes to the Accelerated Examination Program
