FEATURE COMMENT: COFC Pushes Back on GAO Waiver and Cost-Realism Analyses
Client Alert | 1 min read | 10.14.21
In a recent alert, we highlighted VS2 v. U.S., in which theCourt of Federal Claims refused to expand the Federal Circuit’s Blue & Gold waiver doctrine and required the Army to consider performance risk in a cost realism evaluation. In a new “Feature Comment” published in The Government Contractor, we take a deeper dive into the Court’s disagreement with GAO and what it means for contractors and agencies going forward. Of particular note, contractors considering capping costs in their proposals should carefully consider when and how agencies may evaluate performance risk; and both protesters and intervenors must stay vigilant and diligently pursue potential protest grounds.
Contacts
Insights
Client Alert | 3 min read | 08.03.26
On July 20, 2026, New Jersey Governor Mikie Sherrill signed the Forbidding the Algorithmic Inflation of Rent (FAIR) Act into law, making New Jersey the fourth state to regulate algorithmic rent-setting practices. Three days later, on July 23, 2026, Governor Sherrill signed the Fair Price Protection Act, which targets “surveillance pricing”—the practice of using or collecting personal data about a user and using an algorithm or artificial intelligence to charge different consumers different prices for the same products. Together, these laws represent a significant expansion of New Jersey's consumer protection framework in the algorithmic pricing context.
Client Alert | 2 min read | 08.03.26
New York Becomes First State to Restrict Addictive Social Media Features for Minors
Client Alert | 4 min read | 08.03.26
Client Alert | 6 min read | 08.03.26
The Pipe, Not the Posts: How Section 230’s Protections Extend to Generative AI Platforms
