Chutzpah Goes Unrewarded
Client Alert | less than 1 min read | 02.24.06
The contractor in Armour of Am. v. U.S. (CFC Feb. 14, 2006) alleged "no cause of action" when it argued that it should not have been terminated for default when it was obvious from its offer that it could not meet the mandatory requirements of the RFP/contract and the FAR required the agency to reject nonconforming offers. Still alive, though, is the issue of whether the agency breached its good faith duties by making the award with actual knowledge of the nonconformity and then defaulting early on in the program.
Insights
Client Alert | 4 min read | 08.25.26
DOJ Signals Increased Antitrust Scrutiny of Algorithmic Pricing in Willow Bridge Decision
Algorithmic pricing tools commonly used by businesses to increase efficiency and profits are under increasing antitrust scrutiny. This summer, federal regulators, state attorneys general, and state legislatures grappled with competing businesses providing nonpublic, competitively sensitive data to common algorithmic platforms. The Third Circuit deepened an emerging circuit split with the Ninth Circuit on algorithmic pricing liability, reviving antitrust claims against Atlantic City casino-hotels in a decision with direct implications for any company that uses a common pricing platform. See Crowell’s recent client alert. And New Jersey enacted two landmark laws—the FAIR Act and the Fair Price Protection Act—directly regulating algorithmic rent-setting and surveillance pricing. See Crowell’s recent client alert.
Client Alert | 4 min read | 08.25.26
Recent Court Decision Highlights Effectiveness of “Second Bite” Protests
Client Alert | 5 min read | 08.21.26
FTC Proposes Enforcement Policy Statement on Personalized Pricing: What Businesses Need to Know
