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SBA Modifies Time At Which Size Status Is Determined

Client Alert | 1 min read | 12.12.06

On November 15, 2006, the Small Business Administration ("SBA") amended its regulations (effective June 30, 2007) to require that (1) within 30 days of a merger, acquisition, or approved novation, a contractor must recertify its size status or inform the contracting agency that it is other than small; and (2) for contracts with durations of more than 5 years (including multiple award schedule contracts, MACs, and GWACs), the contractor must recertify its size status no more than 120 days prior to the end of the fifth year of the contract and no more than 120 days prior to the exercise of any option thereafter. A contractor's inability to recertify small business size status will not render the contractor ineligible to continue performance or require termination of the affected contract(s), but the contracting agency will no longer be able to count options or orders under such contracts towards its small business goals.

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Client Alert | 3 min read | 11.13.26

Massachusetts Trade Secret Preliminary Injunctions: Prove the Harm, Tailor the Relief

A strong trade secret claim is not a substitute for proof of irreparable harm. In Daikin Applied Americas Inc. v. Russo, No. SJC-13881 (Mass. Oct. 14, 2026), the Massachusetts Supreme Judicial Court held that likely success on a misappropriation claim does not create a presumption of irreparable harm. The court grounded its ruling in both the Massachusetts Uniform Trade Secrets Act and the traditional equitable principles the statute incorporates. It required a case-specific showing that the requested relief would prevent harm that a final judgment could not adequately remedy. ...