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Federal Circuit Mandates Full Lost Profits Award for Breach

Client Alert | less than 1 min read | 09.19.13

In Rockies Express Pipeline LLC v. Salazar (Sept. 13, 2013), the Federal Circuit confirmed that, by backing out of its agreement to take for ten years a certain percentage volume of a pipeline to be constructed in part on federal land, Interior materially breached. The CBCA had cut off the duration of the pipeline's lost profits remedy, but the circuit court reversed because Interior could not limit its damages by its actions after the pipeline had canceled for breach.


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Client Alert | 4 min read | 09.15.26

GAO Indicates Reasonable Conflict of Interest Investigation Must Include Inquiry of Involved Firm

The U.S. Government Accountability Office’s (GAO) recent decision in Viderity Inc.—Costs, B-424422.5, Sept. 1, 2026, offers useful insight into what constitutes a legally sufficient conflict of interest investigation. The decision arose in an unusual procedural posture: Viderity initially protested, alleging that an agency evaluator had a personal conflict of interest. After the agency took corrective action, Viderity filed a cost entitlement claim requesting that GAO direct the agency to reimburse Viderity’s protest costs. In evaluating that claim, GAO assessed whether Viderity’s underlying protest ground was “clearly meritorious.”...