Crystal-Ball Jurisprudence Critiqued
Client Alert | less than 1 min read | 04.17.09
In the ABA's latest edition of the Public Contract Law Journal (Winter 2009), Crowell & Moring's Rick Claybrook suggests in his article, Please Check Your Crystal Ball at the Courtroom Door--A Call for the Judiciary in Bid Protest Actions to Let Agencies Do Their Job, that the CFC and Federal Circuit need to reanalyze their review and use of the prejudice standard in bid protest actions. He suggests that the courts usurp the procuring agency's function when they prognosticate what the agency will do upon remand of an illegal procurement and outlines a more deferential prejudice standard.
Insights
Client Alert | 3 min read | 06.22.26
A recent U.S. Government Accountability Office (GAO) decision dismissing three pre-award protests as untimely highlights an important procedural trap for would-be protesters. In Oready, LLC, GAO dismissed three protests filed one business day too late, even though they were submitted prior to the solicitation closing date and time.
Client Alert | 4 min read | 06.17.26
From Checkout To Opt-Out: The EU Withdrawal Button Is Here – What E-Commerce Businesses Need To Know
Client Alert | 6 min read | 06.17.26
Client Alert | 6 min read | 06.16.26
What United States v. Bankman-Fried Means for Health Care Fraud Defense
