Agency's Corrective Action Based Upon GAO Recommendation Reasonable
Client Alert | less than 1 min read | 03.06.09
In ASRC Research & Tech. Solutions, LLC (Aug. 21, 2008), GAO determined that NASA conducted flawed technical and past performance evaluations and recommended a limited re-evaluation that ultimately led to a contract award to the protester (represented by C&M). The awardee in the first competition fought to turn the tables on ARTS in a subsequent protest before the CFC, but ARTS successfully defended the award in SP Systems, Inc. v. United States (Feb. 11, 2009), in which the Court found that, although NASA could have taken other corrective actions, NASA's decision to follow GAO's recommendation strictly was reasonable.
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On March 25, 2026, in Cox Communications, Inc. v. Sony Music Entertainment, the U.S. Supreme Court reversed a $1 billion verdict against Cox. The judgment was the result of a jury trial in which Sony claimed that Cox was liable for contributory copyright infringement because it knew that its customers were using its service to infringe yet did not respond with sufficient diligence to prevent that infringement.
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Washington State Bans and Voids Most Noncompetes, Narrows Nonsolicits
