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SBA Issues Final Rule On WOSB Contracting Program But Has Yet To Identify Eligible Industries

Client Alert | 1 min read | 10.07.08

On October 1, 2008, the Small Business Administration issued both a proposed (http://www.crowell.com/PDF/Fed-Register_Vol73-No191_Proposed.pdf) and a final rule (http://www.crowell.com/PDF/Fed-Register_Vol73-No191_Rules-Regs.pdf) regarding the Women-Owned Small Business (WOSB) contracting program. While the long-awaited final rule makes a few changes to the December 27, 2007, proposed rule, including clarifying that a contracting officer may award a contract or begin performance after receipt of a protest after determining that an award is necessary to protect the public interest, the final rule dodges the key issue and fails to identify those industries where set-aside acquisitions are authorized based on WOSB underrepresentation, and, instead, in the proposed rule, the SBA seeks comments on or before October 31, 2008, on the underlying data used to determine WOSB underrepresentation, including data identifying 31 NAICS codes in which WOSBs were either underrepresented or substantially underrepresented.

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Client Alert | 3 min read | 07.18.25

Eighth Circuit Cancels Click-to-Cancel

On July 8, 2025, the Eighth Circuit vacated the Federal Trade Commission’s (“FTC”) Negative Option Rule, also known as the Click-to-Cancel Rule, on procedural grounds. The Click-to-Cancel Rule, which provided a streamlined path for consumers to cancel subscription services in a few clicks of a mouse, was scheduled to take effect on July 14, 2025, but the Court found that the FTC had failed to follow mandatory procedural requirements....