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Court Tells Agency To Address Illicit Advantage In Recompetition

Client Alert | less than 1 min read | 12.02.05

In Beta Analytics Int'l, Inc. v. U.S. (Nov. 23, 2005), the Court of Federal Claims wrestles with the situation of having found the initial procurement decision to be unlawful but not having stopped the process, which allowed the competitor to take over the job and hire away many of the protestor-incumbent's key employees. The court ordered the Navy (a) not to exercise the option years and (b) to mitigate the unlawful advantage through its evaluation methodology for the reprocurement.

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Client Alert | 6 min read | 09.03.26

FDA Seeks Input for Regulating GenAI-Powered Medical Devices

The U.S. Food & Drug Administration (FDA) is seeking feedback on a regulatory framework that could be used to evaluate generative artificial intelligence (GenAI)-enabled medical devices. Such devices could create new types of risks because their outputs can vary and evolve, unlike more traditional software-enabled devices. An August 18, 2026, discussion paper (“Considerations for the regulation of GenAI-enabled medical devices”) discusses potential regulatory considerations for GenAI-enabled medical devices. ...