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You Must Ante Up To Play In The Game

Client Alert | less than 1 min read | 05.11.06

The Federal Circuit in Rex Service Corp. v. U.S. (May 8, 2006) emphasized that a company must respond to a solicitation, even if it thinks it is flawed, to be able to have standing as an "interested party" to protest. Unless the company is prevented from bidding (e.g., by a sole-source award), a company does not meet the requirements of being "an actual or prospective bidder" with a "direct economic interest" if it could have bid but didn't.

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Client Alert | 3 min read | 04.24.26

DOL Issues Proposed Rule On “Joint Employment”

On April 21, 2026, the U.S. Department of Labor (DOL) issued a notice of proposed rulemaking (NPRM) outlining a new standard for “joint employment” — under which separate entities will be found jointly liable for the other’s violations — under the Federal Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), and the Seasonal Agricultural Worker Protection Act (MPSA). The Proposed Rule purports to standardize the definition of “joint employment” across all three laws to create “clarity” and “uniformity” for employers and employees alike....