ASBCA Dismisses Appeal for Lack of Jurisdiction After Government Claim Rescinded
Client Alert | less than 1 min read | 07.09.18
In Appeal of Lockheed Martin Aeronautics, ASBCA No. 61480 (a C&M case) the Board dismissed a Government claim seeking $24 million plus interest for alleged defective pricing, when the Government rescinded the underlying claim during litigation. In dismissing the appeal, the Board cited to ASBCA precedent holding that "[w]hen a contracting officer unequivocally rescinds a government claim, the government’s action moots the appeal, leaving the Board without jurisdiction to entertain the appeal further."
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Client Alert | 3 min read | 07.23.26
It is well established that “[c]ompetitive prejudice is an essential element of every viable protest.” Yet, for decades, the U.S. Government Accountability Office (GAO) has tempered this requirement with two critical corollaries: protesters need only demonstrate a “reasonable possibility” that they were prejudiced by an agency’s actions, and GAO “will resolve doubts regarding prejudice in favor of the protester.” These principles have been consistent features of GAO’s bid protest jurisprudence for more than 30 years. See, e.g., United Int’l Eng'g, Inc., B-245448, Jan. 29, 1992, 71 CPD ¶ 177.
Client Alert | 3 min read | 07.23.26
Second Circuit Affirms Preliminary Injunction Against Nielsen in Constructive Tying Case
Client Alert | 4 min read | 07.22.26
Client Alert | 4 min read | 07.22.26
Ghost Advertising: Compliance Takeaways From the Gymshark Influencer Class Action
