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 | 7 min read | 01.05.26
Consideration of Artificial Intelligence in Arbitration Terms of Reference
As artificial intelligence (AI) continues to evolve and integrate into various aspects of legal practice, counsel and arbitral tribunals drawing up their Terms of Reference (TOR) establishing the terms of the dispute being referred to arbitration and also formulating their procedural orders should consider the implications of AI. This client alert highlights the importance of addressing AI in TOR negotiations and provides an overview of likely topics international arbitration practitioners can expect to treat in TORs and procedural orders.
Client Alert | 4 min read | 12.31.25
Raising the Bar: New York Expands Consumer Protection Law with FAIR Business Practices Act
Client Alert | 4 min read | 12.30.25
Client Alert | 6 min read | 12.30.25
Investor Advisory Committee Recommends SEC Disclosure Guidelines for Artificial Intelligence

