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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 | 9 min read | 01.06.26

Beyond the Checkout: Retail's 2026 Legal Minefield

2026 will be a significant year for retailers and e-commerce companies, with significant changes on the horizon that will affect the entire industry and ecosystem. Potential headwinds and developments in product safety, pricing, artificial intelligence, data privacy, website compliance, and environmental responsibility are expected. But amidst these changes, there are likely significant opportunities that retail and e-commerce businesses can capitalize on....