Federal Circuit Clarifies Prejudice Review In Bid Protest Cases
Client Alert | less than 1 min read | 04.26.05
Explaining away seemingly contradictory precedent, the Federal Circuit in Bannum, Inc. v. U.S. (Apr. 21, 2005) clarified that, while the merits are reviewed on appeal de novo under the Administrative Procedure Act's "arbitrary and capricious or in violation of law" standard, the determination of whether a violation of law is prejudicial requires fact finding by the Court of Federal Claims and is reviewed for "clear error." Applying the clear error standard to this case, the appellate court found none in the trial court's determination that the violation had not prejudiced the protester.
Insights
Client Alert | 3 min read | 12.10.24
Fast Lane to the Future: FCC Greenlights Smarter, Safer Cars
The Federal Communications Commission (FCC) has recently issued a second report and order to modernize vehicle communication technology by transitioning to Cellular-Vehicle-to-Everything (C-V2X) systems within the 5.9 GHz spectrum band. This initiative is part of a broader effort to advance Intelligent Transportation Systems (ITS) in the U.S., enhancing road safety and traffic efficiency. While we previously reported on the frustrations with the long time it took to finalize rules concerning C-V2X technology, this almost-final version of the rule has stirred excitement in the industry as companies can start to accelerate development, now that they know the rules they must comply with.
Client Alert | 6 min read | 12.09.24
Eleven States Sue Asset Managers Alleging ESG Conspiracy to Restrict Coal Production
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New York Department of Labor Issues Guidance Regarding Paid Prenatal Leave, Taking Effect January 1
Client Alert | 4 min read | 12.06.24
