CFC Gives CICA Its Bite
Client Alert | 1 min read | 11.03.08
In declaring invalid the override of a Competition in Contracting Act stay in Nortel Gov't Solutions, Inc. v. U.S. (Oct. 10, 2008), a case litigated by C&M, the Court of Federal Claims rejected the government's "urgent and compelling" basis for the override given that it (1) failed to establish the adverse consequences of maintaining the status quo, (2) did not consider whether reasonable alternatives to the override exist, (3) afforded "unacceptably brief treatment" to the potential costs and risks to the government if GAO recommended sustaining the protest, and (4) did not "consider the impact of its override decision on competition at all." The Court also rejected the claim that the override served the "best interests" of the government, finding that a "strong preference" for a "new" or a "more cost effective" contract is insufficient to justify the override.
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Client Alert | 3 min read | 01.13.26
Colorado Judge Quashes DOJ Gender-Related Care Subpoena
On January 5, 2026, District of Colorado Magistrate Judge Cyrus Chung issued a recommendation that the district court grant a motion to quash a Department of Justice (DOJ) administrative subpoena that sought records about the provision of gender-related care by Children’s Hospital Colorado (Children’s) in In re: Department of Justice Administrative Subpoena No. 25-1431-030, U.S. District Court for the District of Colorado, No. 1:25-mc-00063. The court concluded that the DOJ had failed to carry its “light” burden, noting that no other courts that had considered the more than 20 similar subpoenas issued by DOJ had ruled in the DOJ’s favor.
Client Alert | 7 min read | 01.13.26
Client Alert | 4 min read | 01.13.26
Client Alert | 4 min read | 01.07.26
