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Don't Assume That A Debriefing Is Continuing After The Initial Session

Client Alert | less than 1 min read | 05.25.05

In New SI, LLC (Nov. 22, 2004, http://www.gao.gov/decisions/bidpro/295209.htm), GAO concluded that a protest was untimely filed when the contractor waited until after it had received agency responses to the contractor's additional questions submitted at the invitation of the Contracting Officer in the course of the initial debriefing session. In response to the contractor's argument that the debriefing was continuing and not concluded until after the agency's response to questions, GAO explained that, “absent affirmative indication from the agency that the debriefing would remain open after the scheduled session, we consider [the debriefing] to have concluded at the end of that [initial] session.”

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Client Alert | 8 min read | 09.09.25

FTC Stops Defending Rule Banning Noncompete Agreements, Opting Instead for “Aggressive” Case-by-Case Enforcement

On September 5, 2025, the Federal Trade Commission (“FTC”) withdrew its appeals of decisions issued by Texas and Florida federal district courts, which enjoined the FTC from enforcing a nationwide rule banning almost all noncompete employment agreements. Companies, however, should not read this decision to mean that their noncompete agreements will no longer be subjected to antitrust scrutiny by federal enforcers. In a statement joined by Commissioner Melissa Holyoak, Chairman Andrew Ferguson stressed that the FTC “will continue to enforce the antitrust laws aggressively against noncompete agreements” and warned that “firms in industries plagued by thickets of noncompete agreements will receive [in the coming days] warning letters from me, urging them to consider abandoning those agreements as the Commission prepares investigations and enforcement actions.”...