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"The New Contract Is Better" Isn't A Justification

Client Alert | less than 1 min read | 08.11.06

The Court of Federal Claims in Advanced Systems Dev., Inc. v. U.S. (July 28, 2006) reinforced that an agency cannot justify the override of a CICA stay while a protest is pending at GAO by packaging reasons that amount to no more than the new contract will be better than the current situation. Moreover, the court rebuffed the agency's attempt to add reasons for the override and make the justification statement an "evolving" document during litigation.

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Client Alert | 3 min read | 03.24.26

California Considering A Massive Expansion of Its Antitrust Laws

Legislative efforts to significantly expand California’s antitrust laws are working their way through the state legislature. The most comprehensive overhaul is Assembly Bill 1776 — the Competition and Opportunity in Markets for a Prosperous, Equitable and Transparent Economy (COMPETE) Act, introduced by Assembly Majority Leader Cecilia Aguiar-Curry, on March 23, 2026. AB 1776 is modeled closely after draft legislation recommended by the California Law Revision Commission (CLRC) in December. AB 1776 would not only significantly expand potential liability for single-firm conduct and monopolization but would also explicitly decouple California antitrust analysis from certain federal standards. Companies doing business in California should pay close attention to AB 1776 because of its potentially dramatic impact, including increased exposure to antitrust litigation and increased compliance costs....