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DoD Renews Its Request to Limit CFC Bid Protest Jurisdiction Dramatically

Client Alert | 1 min read | 04.22.16

In its legislative proposal package sent to Congress on April 12, 2016, the DoD is again seeking to curtail the CFC’s bid protest jurisdiction significantly by importing nearly all of GAO’s rigid timeliness rules into the Tucker Act, 28 U.S.C. § 1491(b), with the stated goals of “reducing the time to decide bid protests by avoiding unnecessarily repetitive protests” and eliminating an “unintended forum shopping practice that has arisen under the existing bid protest system[.]” For a detailed review of the similar DoD legislative proposal in 2012, see this post, where we explain why the proposed change, among other things, (1) will not fully address DoD’s “second bite at the apple” concerns, (2) will deny many prospective protesters a “first bite,” and (3) may have a significant effect on the types and numbers of protests filed in the GAO and the CFC.

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Client Alert | 4 min read | 02.05.26

EU–Brazil Mutual Adequacy: A Milestone for Global Data Flows and Latin America’s Digital Positioning

On January 27, the EU and Brazil announced their positive determination on the mutual adequacy of Brazil’s and the EU’s data privacy frameworks — confirming the growing importance of transatlantic data transfers and the EU-Mercosur relationship. This adequacy decision, while not formally tied to the EU-Mercosur trade negotiations, is a historic development that can facilitate cross-border data transfers and fuel shared economic growth driven by data-centered service sectors....